Sword and shield., January 28, 1888, Image 1

About Sword and shield. (Clinton, Miss.) 1885-1888

Image provided by: Mississippi Department of Archives and History

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NO. 4
JACKSON, MISS., JANUARY 28, 1888.
YOL. VI.
THE PENITENTIARY BOND
SUIT.
The Supreme Court Decide
Mississippi Must Lose her Blood
Money.
other Penitentiary lessee*, was tbs
culminating tilth act in the shameless
cuimioanng nun act m me snameiess
drama, planned and earned out by
Col. Hamilton for the plunder and rob
bery of the State of Mississippi. '
On March the 13th, 1884, two or ; it
three days before the adjournment of
the Legislature, « bill authorizing the !
transfer of the convicts fron; Hamilton, j jj
iat
The decision of the Supreme Court
last SaturdajJreleasiug the sureties on
the bond of Jones S. Hamilton an..
Allen & Co., to the Gulf and Ship Is
land Railroad, was introduced and
amid the ,liurly burly incident to the
last days of thesessiou, was railroaded
through, without its provisions being
understood or even known to the ma
jority of the Legislature.
One of the most prominent and faith
ful members of the last Legislature said 1
to us he never heard of such anaet uutil
be
the icstitution of the present suit.
This act related in Us preamble the
general dis^atislactiou with the infa
mous lease system aud spoke of the de
sirability of building the Gulf & Ship
Island Railroad, and then authorized
Hamilton, Alleu & Co., to transfer the
eonviet lease to the Gulf and Ship Is
land Railroad, up n tiliug a copy of the
terms of agreement with the Secretary
ofState, and upon such transie» of th e
convicts to the railroad, Hamiltoa,
Allen and their surities should be re
stated. In the secoud section of that
act, it further provides that the railroad
should give a bond of one huudred
thousaud dollars, conditioned that the
railroad should assume and carry out
the leasee's contract as far as it related j
to expense of convicts, etc.
As it was said this measure was
passed in the hurry of the last days of
ihe session, and then quietly printed !
and assigned to oblivion in the back J of
part of the acts of 1884.
it will be evident trom a glauce at j
the contents of the acts that it pur- j
ed the immediate transfer of the
convicts to the railroad.
But uo such transfer was made or at
tempted to be made. The law was a
_ practical nullity. The convicts con
Iffcued to be leased out, to be driven to
death and to fill the coffers of the
lessees with a gold coined and minted
out of their life blood, and the (lull &
Ship Island puffed on its thunderiug
course only on paper and in the delu- !
ded cerebrum of the e.täilv dupsd
But though slumbering tne law was
not dead,and it woke in due time'to mar
pos
bill
be
I
j
ard
ed
velous uses.
Two 'years afterwards in Decem
ber 1886 the rent hr the Peni entiary
forthat year became alarmingly due.
So many improvement had been charg
ed tor and not made, it was deemed best
to work another scheme for cozening the
State out of the rent due.
Consequently Dec, 28, eight days be
fore the rent was due, this two year old
dormant act was resurrected, the Gulf
à Shsp Island Railroad brought into
prominence and a transfer of the lease
was proposed to be made. A copy of
the proposed transfer, not of an actual
transfer, was filed with the Secretary
ef State. Then the governor asked for
the one hundred thousand dollar bondre
quired by the Statute. A paper, strange
ly and uniquely worded, and entirely
invalid as a bond,was handed him. Ho
rightly refused to accept any sueh im
perfect document, and in consequence
#f this refusal it was withdrawn and
hidden in shame away from the light of
the world by its authors.
In the meanwhile the Gulf A Ship
Island Railroad went into possession of.
the conviets withoct furnishing the
bond required to be ^iven by the State
Now this Gulf A Ship Island Railroad
though a different corporation in law ,
was in reality composed almost en
tirely of the lessees. ' Col. Hamilton
its president and Col. Hoskios and
others interested in the lease turned
the chief men of the railroad
So then the transfer of the
eonviets from the lessees to the railroad
was but in facia transfer of the eonviets
from Hamiltou to Hamilton,
whole thing was a sharp trick by which
Col. Hamilton sought the twin objects
of retaining possession of the conviets
and avoiding the payment of the rent
due. It was not a real transfer, but a
pretended, bastard transfer.
The convicts being safe in the hands
of Hamilton, the railroad corporator,
Hamilton the lessee, made default iu
in payment ol rent, and suit had to be
instituted by the State against the sur
ities.To|tbe declaration of the Statejthe
sureties set up the plea that they were
released by tho ingenious act of 1884
and by the abortive transfer.
The State claimed that an invalid
bond, or rather no bond at all, bad been
and hence in fact there was no
in
was
up as
company.
The
given,
legal transfer and the sureties, there
fore, were liable. .
The Attorney General contends#
that until the State accepted a new
boDd, the old bond of the .ure.iê. w.i
iood. No such bond h.d beeo offered.
The ooDtroct «5 a tripartite oo.. •«- |
twoentho l«.ee. therailroed eod th.
State, aod until they oW agreed to the
new contract it could not be valid, and
could not release the sureties Any
agreement between the railroad and the ,
lessees surely could uot bineIt le ^ ta e.
?Ae State could only bind itself by ifi
own action. This actiou was t îe acctp
tnn( * c of R new bond ' rhc Sta ' e havl " g
' refused to do this, the transfer as far
; it ™ concerned was not valid, and «
of hence her claim on the sureties on the
! old bond was not impaired. They,
j jj d ^ e ' g he railr ° ad ' C ° Ul<1 n0t releaÖ6
Now the Supreme Court comes nod
says th-t the State's righs was
impaired and that the transfer made
without a bond was valid.
what ground, does the reader
Upcu
ask does the court have this opin
1 Simply upon the ground that v hereas
the authorization of the transfer of the
lease and the sequent release of the sure
ties on the old bond is one section of the
statute the requirment, that a bond shall
be given is in another section of the same
ion ?
e
j
[agony for the money there was in it,
! and now as if by the arengi.ig decrees
J of Providence, she is to lose the gold for
which she bartered her houor and hu
j inanity. Even a State, if ii would
j prosper , must do righteousness and
judgment. _
!
statute.
In ore
section the law «ays. you
make ibis transfer and making it,
bondsmen shall be free, provided,
to
can
your
however, it says in «.second section *s a
part of this transfer you shall.give a bond
The State will not waive a claim on
parly till it gets a good surety from
the other party.
Yet because diese things didn't hap
pen to be in the same paragraph and the
ection. the State must loose the
one
same ?
rent money from the bondsmen.
So it seems that this money is to be
lost. It might have been expected
The curse of God is on all blood money.
The State sold her convicts to death and
e
SenatorGiiandler has introduced a
bill to regulate national elections in
Southern States. It provides that all
election inspectors shall lie able to
readand write and be free from auy for
misconduct at the polls. If these
a
mer
provisions are violated the election may
be set aside.
Wueu it was first announcod that
I Jay Gould and Rusell Sage w ere to be
j criminally prosecuted for stealing a
statement
the
railroad.
generally regarded as a can
ard by the |public. Now 'Mr. De
Ltncy NicholB, and Mr. Matine, who
have already achieved national fame by
landing so many gilded hightoned
thieves in jail, eome forward and say
that the case is against the distinguish
ed erragf.tors of railroad stock,is con
vincingly clear, and that is altogether
likely that they will ray for their stolen
$300,000,000 of railroad stock by an im
provement in the penitentiary.
was
,
a
iu
be
no
A Rushing Town.
There is no more enterprising town
in the State than Crystal Springs. Al
most everv waek the press)has to Curon
icle its establishment ol some new en
terprise. The latest move in this di
rection is the establishment of a flrBt
canning
class $50,000-capital-stock
factory with the following officer:
W#C. Wilkinson, president; Y. L.
Terrell, vice-president; C. M. Huber,
treasurer and general manager. The
Board of Directors being the president
Lotterhos, T. C.
vice-president, A.
Enochs, J. C. Smith, all|of that place,
R. W. Levy, of New Orleans and W.
D. Lawson of Pickens, Miss.
Three Kinds of Kentucky Kisses.
From thellnieu Local.)
Outside of those kisses bestowed by
affect onate relative there can be but
three recognized classes of the genus
kiss—as viewed from a male standpoint.
The first comes upon your lips aa if they
were touched by a smooth-plaiaed,
cool and insensable Aboard, without
animation—unproductive of any agree
able sensation whatever, aod not worth
being garnered with the heart's me
mentos of golden, happy hours. The
second is a pleasant, but vexatiously
unsati fied to an ardent, soul and but
littlemore'pronounced that: a|fascinating
cousin would likely bestow. The third
is such as coral, tempting, passionate
lips bestow, for about ten minutes,
upon yoar lips—"a lie eriog sweetness
'ong dawn out"—that not only steal
tour breath, but seem to be drawing
your verj soul from youf body. A fel
low may forget bis nnoiher—and about
the time he is harvesting such a kiss he
is sure to forget her—but the recollec
tion of that undwarfed, honest-kiss will
abide with him a source of joy and be
•ommeosurate with life itself.
TEMPERANCE.
At
T|jU tioI h „ bee „ abiorbed by
lhf msre , word proWbuiM .
| Tbil „ , l!ed toexpre.. both politio.l
>oJ Melt> , MÜe . 1 oppo , itioll lbe
mM)uf , ct „ e , pd of iotolioall „,
exceptfor rae di« a l, 9cieQ jfi ca l an d re*
|jgioU8 purpose| . The eTI » B of the
, iquor traffic ig Ul) loDger a qüehti on,
... c i, am i the civil
but bave the chu.ch and t e ev
courts the right to entertaiu, discus*
, nrohibitorv
g is th „ i ivina question
« the living quest,on.
« authoriee
according o the laws,
iese L '° • « i fv
ffTcitizen to the courts. He likewise
ordained eccles'astical government and
imposed obedience upoT the person
who may be citizen ol both. If there
be laws concerning the same issue in
both forms of Government, harmony
must exist or loyalty would be impos
sible. That a mutual law ou tnis sub
32.
to
measures,
This right
not exist
does
or
God ordains civil
he
of
all
jtet does exist is the object of this
paj er to s.iow.
The divine approval for prohibitory
government was given into tha house of
the Reclubites concerning the issue we
now consider. The law is found in
Jeremiah 35:6,7. JonaJab, the son of
Rcchab, our lather commanded us,
shall drink no wine, neither
20.
saying, ye
ye, nor your sons forever nor plant
vineyards, nor nave auy.
The blessings promised lor obedienee
to the law is recorded in Jeremiah:' And
Jeremiah said unto the house of the
Rechabith.thus says the Lord of hosts,
the God of Isrrel; Because ye have
obeyed the commandment o.' Jonadab
father, and kept all the precepts
a
as
the
to
your
and done according unto all that he
hath commanded you"(Jonadab house)
shall not want a man o stand before me
forever." Wheu we remember that
this was a civil governmet and its pro
hibitory laws the most regid ever en
acted by human legislators, there can
be no mistake in reading the mind of
God in the endorsement.
For proof of the practicalitity of this
e actment, the Divine approval was
about two hundred and fifty years
as
not
the
is
of
the
of
given
after its passage and further more we
are told upon good authority that this
people still observe this law and
a
same
and thus about twenty-six hundred
years a rude people in Asia have main
tained prohibition in the midst of a
wine drinking world.
To answer the complaiut that Prohi
bition interferes with "personal civil
liberty." we remark that a liberty
which ends in bondage to evil, is only
a service that forges chains in the
of freedom, This is the result
a
name
that follows "freedom to drink."
"To drink," means to become en
slaved to poverty, shame, woe, lriend
lessness and to be "without God and
hope in the world," and consigned to
eternal imprisonment.
We still hear the cry that pn. hibi
bition will lessen the public revenue
and thereby affect public schools, ete.
To the Christian citizen, the condem
nation of Jehovah against iniqitous
"license for revenue" is more to be
avoided than any fancied national
calamity that could grow out of prohi
bition.
To this point Ezekiel 22:27,
of national Isreal: 'Tier prinees
says
in tho midst thereof are like wolves
ravening their prey, to shed blood and
destroy souls to get dishonest gain."
The gain of princes arises from revenue.
The licensed saloon destroys its patrons
the wolf does its prev. more blood
has been'shed and more souls destroyed
aa the results of "the licensed a^loon"
than anv other known evil.
"Woeunto them that are mighty to
drink wine, and men of strength to
mingle strong drink, which justify the
wicked for reward." Isaiah 5:22-23.
As further argument for the right o
eivil governmen's to protect theii citi
zens against either existing or threaten
ed evils, we cite the example of Paul,
who "appealed to Caesar," wheu, threat*
ed by his country men. True he per
suaded. but >hen persuasion failed to
persuade he had recoursed to a prohi
bitory power. With us persuasion
lias failed and bow we appeal to the
ballot which is our ' lesar.
4s a question tobe considered by
al
by
as
fel
he
will
be
THE RELIGIOUS COURTS
we read Leviticus 10:9: "Do not drink
wine nor strong .drink, thou nor thy
ons with thee when ye go into the tab
ernacle of the congregation, lest ye die ;
it shall be a statute forever throughout
your generations.
I Cor, 6:10: "Nor thieves, nor covit
eu*. nor drunkards, nor revilers, nor
extortioners shall inherit the kingdom
of God." Thus the Lw that watches
induction to divine ser vice prohibits
drink: the law that guards the Heaven
ly inheritance prohibits the drunkard.
Then let the voice of the press, pulpit
feourte be
man raav sav
and floor of religi
spoken not f|ari^r*wbat
or do.
If each individual would set a watch
unto himself and to his influence the
purity of both eivil and eeeleaiaatieal
J
*
-
courts be better preserved. To stimu- '
late this the following scriptures for ;
individual application are cited: "Look
not thou upon the wine when-it is red
when it giveth its color in the cup.
At the last it biteth like a sarpent and
stingeth like an adder." Proverbs 23:31
32.
len
ted
er
"Whoredom and wine and new wine
take away the heart." Hosea,4:11,"Woe
to those that rise up early in the morn
ing to follow stroug drink; that con
tinue until night b till wine inflame
them! Aud the fiarp and the vial,
tabret and pipe, and Wine, are in their
least«, but they regard hot the work of
the Lord.
ThefHbYe hell hath
enlarged herself and opened her mouth
without measure; and their glory, and
their multitudes, and their pomp, and
he that reJoiqeth, shall de
scend into it." Isaiah 5:11 14 And it
come to pass when he lieareth the
words of this course, that he bless
himself in his heart, saying, I sh-.ll have
peace, though I walk in the imagination
of mine heart to add drunkenness to
thirst; the Lord will not spare him, and
all the surses that are written in this
is
or
all
boek shall lie upon him. Deut. 2:19
20. In view ol such results who can
oppose PnomniTioN.
fer
a
gal
fer
ny
of
to
L. IL B,
Prohibition at Washington.
Senator Platt has introduced into the
Senate a bill prohibiting the sale of
liquor in the District of Columbia,
Senator Ingalls who is chamnan of the
committee, to whom his bill has been
referred, says it will not be stiffled in the
committee room, but will be called up
as soon possible aud an opportunity
afforded lor a thorough ventilatiou of
the subject. Seaators Oolquit, Wilson
and Blair wiU move heaven and earth
to have the measure passed. It is
probable also that RiddLberger,
though he is rather gilted with ad
titude to look on the whiskey when it
isyellow in the flask, will vote for it,
as he believes in prohibition.
Ih the house, Mr. Dingiey, of Maine
hasasimiiar bill, but he fears it will
not be called upas mosto the mem
bers have uot time to pass anv other
than pension and appropriation bills for
the judicious bribery of voters in their
districts.
51 r. Cutcheon of Michigan has a
local option bill for the District, but It
is opposed by the temperance people,
because by reason ol the fact that so
many of the most respectable citizens
of Washington vote elsewhere, the
election would be left practically in
the hands of the liquorites.
Senator Blain has furnished the uews
pepercorrespondents with advance sheets
of his great book on Prohibition. The
subject is treated in the most aggressive,
knock-down manner, and the book is in
consequence the subject of much dis
cussion.
Senator Blair believes in '« grand
Local
or
as
National assult on the traffic
option is good, but it is a waste of eflort
that might be used to far more effective
He says one half of the
purposes.
effort given these little piece meal
fights, if directed to the snbject as a
national issue would produce great
things.
How He Speaks.
5Ir. Dickie Chairman of the Nation
al Prohibition Party is taking the tem
perance people of the Eastern States
by storm, Everywhere he has been
listened to with attention and applause.
The New York Voicelgives the follow
ing penpicture of him:
"Mr. Diekie's oratory is of the kind
that wins the most respectful attention
to the speakers opinions. The strength
of it is in the clear and exceedingly
fair argument which he applies to aim*
pie admitted propositions. A man set
against Mr- Dickie's at the beginning
may at the end still feel that he is
wrong, but must admit that he is re
markably stong; aud upon reflection th
admissions are likely to sway the resist
ing eonnetions. There is nothing re
pugnant or repellant'about Mr. Dickie's
argument to any intelligent oppouent—
a thing that can rarely be said of the
argument of an intense partisan. His
style of delive.y is not impassioned, but
a remarkable skill of graffie language
makes him a most entertaing speaker to
the masses. As he warms to bis sub
ject a bright flush overspreads his
smooth-si aven cheeks. If you catch
his eye as you sit in the audience you
know at once that he is aman of unsu
al firmness and with the qualities of
leadership. His eye holds yours with
a straight, commandsng gaze. A parti*
san bearing Mr. Dickie foi
first time, will see many points of con
trast between him and the Mr. Fineh;
but the instruetiv
* sight'"'"ff1
duced; here fis Ja 'leader who needs
no official title to proclaim himself.
a
;
sav
the
Reeling impressed
Finch is repxo?
the
A bollol is a prayer.
-As
THE HAMILTON BOND CAS
'
;
The following is the decision of the
Judges of the Supreme Court, un
officially rendered on the bond of the
Penitentiary lessees:
The State of Mississippi,
}
vs.
J. 8. Hamilton, et al.
The fifth plea presents a good de
fence to the action. It avers that a
transfer was made by Hamilton, Al
len and Co, to the Gulf and Ship
Island Railroad Company, and accep
ted by it, and a copy of the transfer
filed in the office of the Secretary of
State as provided by "An act to fa
cilitate the construction of the Gulf
and Ship Island Railroad and for oth
er purposes," approved Mardi 13th.
1884, and found in aet-*Jof 1884, eliap.,
971.
The express declaration of that act
is that "upon the execution of such
transfer and assignment in writing,
and a copy thereof filed etc.—the said
Hamilton, Allen and Company lesseis,
or their assigns shall be released from
all liabilities thereafter to the State of
The act requires said
Mississippi/
company to execute a bond, but does
not make the giving of such bond a
condition of the validity of the trans
fer authorized. The giving bond was
a matter between the State and the
railroad company with which Hamil
ton, Allen & Co , had nothing to do,
aud the transfer by them, aud its le
gal effects were not by the act made
dependent ou the giving the bond re
quired, which was to succeed the trans
fer. It is plain from the act that the
purpose was to get a transfer of the
lease from Hamilton, Alien &Co., to
the G. & S. I. R. R. Co. and this was
first authorized. Negotiation between
these parties as to terms aud a tiuus
fer from one to the other as a complete
act, evidence of which, was to be
filed in; the office of Secretary of
State, were provided for, to precede,
Therefore to he independant of the
Ttquirement that the railroad compa
ny should give the bond. What was
the condition on which the railroad
company was to continue in the en
joyment of the lease which it was
empowered to obtain by assignment-.
The natural order contemplated was
the transfer in writing, executed, and
then giving bond,the ncessity for which
could uot arise until the completion
of the transfer. It was the tiansfer
executed, and a copy fihd which was
to release Hamilton, Allen & Co. The
validity of such transfer did uot de
pend on what might subsequently
occur as to the bond.
They were to be released by their
own act, and not by what might or
might not be done by the railroad
company, which had first to deal with
them and then with the State as to
j
A
the bond.
The ruleä of law applicable to the
contracts of individuals must apply
here. The settled doctriue is that
whether o- not a condition exists or
whether it is precedent or subsequent
or whether there is dependence or in
dependence of stipulations or require
ments, is to be collected frem the evi
dent sense and meaning of the parties
as they have expressed themselves.
The question of precedency depends
"on the order of time in which the
intent of the transaction requiies their
If a matter is to occur
I»
performance,
before another matter, or may so
occur, it cannot be said to depend on
the other. It must he independent in
the nature of things, and so the law is
is
to
of
declared by all the authorities
It will not do to say that the require
ment of a bond must be held a condi
tion of the validity of the transfer to
the railroad company as a means of
protection to the State,
was injured or liable to injury for want
of such a condition it was its own
doing, and it cannot complain.
The truth is the Legislature as
sumed that a bond would be given by
the railroad compauy, and without
stipulating that' it should be given as
a condition of the transfer, authorized
the transfer to be made, and as it w as
made, it must be held to Lave had the
effect declared by the act. The trans
fer in compliance with the law divested
Hamilton, Allen &Co. of all right to
the leateand the giving a bond as re
quired of the railroad compauy was
the condition on which it was to hold
what was transferred Fai ore to give
the bond gave the State the right to
assume control of the penitentiary.
That was a sufficient protect m to the
State, but whether it was or not, it is
all the Legislature provided.
We concur in holding the fifth plea
good and for the reasons above given.
J. A. P. Campbell,» .
Tim E. Cooper,
JaMes M. Arnold.
If the State
Prohibitionists are indebted to Sena
tor Kemp of Marshall for the good
work he is doing in the present legisla
ture.
Mr. J. H. G&mht-eli is lecturing on
temperance in North Mississippi. He
will lecture at New Albany Sunday j
next, and at Ripley on t1ie26th. Mr. •
Gambrell is an able logical And enter ;
tain speaker.
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