Independent Democrat

From the Southern Reformer.

MISSISSIPPI STATE LEGISLATURE
Thursday, Jan. 18.

Senate.—The senate met pursuant to adjournment, and the journals having been read, the fee bill came up for its final passage.

The ayes & nays were called for:

Yeas—Mr. President, Adams, Booth, Briscoe, Beene, Durr, Horne, Lumpkin, Matthew, Pegues, Quin, Ramsay, Swann, Thompson, Tillman, Williams, Wall—17.

Nays—Messrs. Bell, Dupree, Guion, Knox, Montgomery, Turner—6.

Mr. Knox asked and obtained leave of absence for Mr. Keirn.

The bill amending the charter of the Canton female academy passed. The bill changing the practice in criminal cases, so as to give the state the concluding argument in criminal cases, being under consideration.

Mr. Adams remarked that mercy, at least, should prevent the passage of this bill, and he trusted the practice already established, would be adhered to.

Mr. Guion thought differently. In a few remarks he showed the advantages afforded under our laws to the accused; and remarked that the sympathy which ever existed in favor of the accused, would shield him from any hardship arising from this alteration. The state, moreover, would be saved much loss, and villainy much oftener be condignly punished.

The profession to which he belonged might be injured by the passage of this bill, but he was acting as a legislator for the state, and not with a view to individual interests.

Mr. Turner added some brief and pertinent remarks to the same effect, and the question being taken, the bill passed.

The bill declaring Buck Island Bayou a navigable stream, passed.

The bill for amending the constitution, as regards the introduction of slaves, received its second reading, and was ordered to a third by a vote of 22 to 4.

Mr. Matthews introduced a bill for the relief of Marin Sullivan, a revolutionary soldier: read twice and ordered to an engrossment.

Fox, of Lawrence, from a select committee, reported a bill granting to Rufus O. Pray the rights of persons of mature years: read twice and ordered to an engrossment.

Swann, of Rankin, introduced a bill providing for the depositing of the bonds of all county officers in the office of the probate clerk: which was read twice.

Dupree, of Hinds, gave notice of the introduction of a bill regulating civil prosecutions.

The house bill providing for some changes in the mode of disposing of the three per cent fund of Jones county, passed.

The senate bill, dividing the state into seven judicial districts, came up in committee of the whole;

On motion of Adams, of Jasper, Chickasaw was added to line 14, and March and Sept. entered in place of April and October, in line 83.

On motion of Guion, of Warren, several amendments were adopted, so that the court will sit in Tunica immediately after Hinds, and Warren will be the last court in that district. He remarked that this course would prevent the holding of court in Vicksburg when the yellow fever prevailed there.

Montgomery, of Madison and Yazoo, presented some amendments, which altered the holding of the courts in the district in which that gentleman lives.

[Note.—There were a multitude of amendments proposed, but the whole matter was left in some confusion, so that until the amendments are engrossed, it will be impossible to say what changes are made. The alterations made, however, do not affect the division of counties into districts.]

It being proposed in committee of the whole to postpone the consideration of the bill,

Speight, of Lowndes, said he hoped no obstacle would be thrown in this house in the way of the speedy perfection of this measure. He thought if this bill, the bill dividing the state into congressional districts, and some financial measures were passed senators might all return to their homes with the approval of their constituents.

The committee having risen, Matthews, of Marshall, moved to postpone the consideration of the report of the committee of the whole until to-morrow: carried.

Ventress, of Wilkinson, presented certain claims, which were referred to the committee on public buildings.

The bill for the relief of William Wing being put on its final passage. Matthews, of Marshall, enquired whether his claim was of such a nature that the committee on public buildings could thoroughly examine it? If it was, he should oppose the passage of this bill; if not, he should vote for it.

Ventress, of Wilkinson, said the account was too complicated, in itself, and the testimony too laborious for it to be fully examined by the committee, and therefore he had introduced this bill, referring the matter to the auditor and commissioner of public buildings. The bill then passed.

Ives, of Yallabusha, introduced a joint resolution instructing our senators and requesting our representatives in congress to do all they could to have the fees of the U. S. court, in this state, reduced: passed.

He also introduced a bill taxing lawyers practising in the U. S. courts $5 for each case brought by them therein, or in which they were concerned as counsel. The bill having received its second reading,

Durr, of Lauderdale and Kemper, moved its indefinite postponement. He was sincere in introducing this bill, and not, as some might suppose, merely jesting. He had stated before, in his place, that he believed the U. S. courts sat in this state by the favor of the state alone. He believed that these courts were never intended to annoy our citizens by the collection of debts, and stated some very hard cases, which had borne heavily on the citizens of his county.

Dupree, of Hinds, expressed his high respect for the legal profession, and believed they were the means of great good in the community. He hoped the bill would be indefinitely laid on the table.

Guion, of Warren, said he had not intended speaking, believing no senator could be serious in such a proposition.— But it seemed that the senator from Yallobusha was serious in what he avowed to be an attempt to drive the federal courts from our midst. He said he was humbled at the thought that it should go forth in the public prints, that a grave senate had been engaged in discussing a project for driving a tribunal established by the constitution of the Union, out of the state. If the senator from Yallobusha would read the constitution of the United States, he would find that the courts which he had complained of as a nuisance, were established with all the powers of which he so bitterly complained, by that instrument, and by the act organizing the courts. If the gentleman would read the constitution of his state, he would find that suitors were authorized to appear by attorneys, at all times, they chose so to do. How could that gentleman prevent suitors from bringing suit in the federal courts?—

Would he forbid them, suits having been brought, from employing attorneys when the constitution of his own state permitted them so to do, to say nothing of the fact that those Courts existed by a higher power than the state constitution? What right had the senator from Yallobusha to single out the legal profession as especial object of attack? He adverted in strong terms to the disposition exhibited by some to undervalue lawyers, and concluded by saying that he felt it his duty, not affecting personally interest, but for the honor of the legislature to protest against so ridiculous a course of legislation.

Ives of Yallabusha said his friend from Warren had given him a pretty considerable raking down, and perhaps he deserved it. He was free to admit that he was no lawyer. He generally went by the lights of nature, and should ever be in favor of equal rights and equal legislation. He was not opposed to the lawyers. He respected the profession of the law, but under the present course, few young lawyers could afford the expenditure necessary in attending their courts, while a few attended and charged high and exorbitant fees. He was willing to have his name go down as the proposer of this bill, and that he should call for the ayes and nays, and if the name of Ives alone should be found for it, he would never be ashamed of his course.

The vote being taken, stood as follows:

Ayes—Mr. President, Messrs. Adams, Booth, Brougher, Dupree, Durr, Fox, Guion, Horne, Knox, Lumpkin, Montgomery, Matthews, Quin, Ramsay, Swann, Thompson, Turner, Ventress, Williams and Wall—21.

Nays—Messrs. Beene, Ives, Pegues—3.

The house bill respecting sheriffs' sales in Tippah county, was read twice and referred to a committee of the whole.

Ives, according to notice, introduced a bill taxing the cattle of non-residents and releasing from taxation the cattle of resident citizens; which was read twice. Fox of Lawrence, moved to lay it on the table; lost. Wall of Amite, moved to postpone the bill indefinitely. Fox remarked he was in favor of part and only a part of the bill. Matthews raised a point of order, whether the bill could be introduced in the senate, as it provided, in part, for the raising of a revenue. The President decided it could not. Ives, amended his bill, by striking out so much as relates to taxation. Wall withdrawing his motion.

Ives introduced his bill reducing the per diem of members of the legislature, after 1st March, 1844 to $3 00, and the president of the senate and speaker of the house to $4 00. Guion of Warren, moved to amend by striking out three and four, and inserting two and three.

The vote being taken thereon, it was decided in the negative by the following vote:

Yeas—Messrs. Guion, Horne, Knox, Quin, Pegues, Swann, Thompson, Tillman, Wall—9.

Nays—Mr. President, Messrs. Adams, Booth, Beene, Brougher, Dupree, Durr, Fox, Ives, Lumpkin, Montgomery, Matthews, Ramsay, Turner, Ventress and Williams—16.

Wall moved to amend, so as to make it take effect from and after its passage.— Ives feared this might jeopard the bill, as that was coming too close to the members of this legislature.

Matthews moved to amend the amendment, by providing that the act shall cease to be in force from and after the 1st March next. He said that he was opposed to any reduction of the per diem of members; but if it was to be done, he wished it not to affect their successors, but themselves alone. If the course proposed was followed, the result would be that the wealthy and the bar alone could come and represent the people here. In the English parliament, the members receive no pay, and the result has been that the poorer classes being entirely excluded, the laws enacted are of such a nature as to rob the mass of the people of any participation in the government of the country. He did not regard any law as a just one, which required a sacrifice at the hands of those called on to serve their country. Wall said he was really in favor of the measure. He thought that we were called on to retrench in every department, and hoped that this would not be neglected. Guion said that lawyers were not, of course, rich— A lawyer could not attend to legislative business and to the courts also. He did not wish the per diem reduced below the expenses incurred, but thought it ought to be higher than that rate. Matthews said the present sum would hardly pay the necessary outfit and board. If the reduction would cause a loss to the member, it was unjust; and this it had done and would do, if warrants did not improve in value. It is true the honor will recompense the wealthy; but honor would not feed the children of the poor man. It is enough that the poor man leaves his home and his little farm to come here, without taxing him with the expenses of his stay here also. The question being taken on Matthews' amendment, was decided in the negative as follows:

Yeas—Messrs. Beene, Lumpkin, Matthews, Ramsay, Thompson, Ventress—6.

Nays—Mr. President, Messrs. Adams, Booth, Brougher, Dupree, Durr, Fox, Guion, Horne, Ives, Knox, Montgomery, Pegues, Quin, Swann, Tillman, Williams, Wall—17.

The question being taken on Wall's amendment, it was decided as follows:

Yeas—Messrs. Adams, Booth, Fox, Guion, Horne, Knox, Montgomery, Matthews, Pegues, Ramsay, Swann, Turner, Ventress, Wall—14.

Nays—Mr. President, Messrs. Brougher, Beene, Dupree, Durr, Ives, Lumpkin, Quin, Thompson, Tillman, Williams—11.

The question being then taken on engrossing the bill, as amended, it was decided in the negative by the following vote:

Yeas—Messrs. Adams, Booth, Durr, Fox, Guion, Horne, Ives, Knox, Montgomery, Swann, Wall—11.

Nays—Mr. President, Messrs. Brougher, Beene, Dupree, Lumpkin, Matthews, Pegues, Quin, Ramsay, Thompson, Tillman, Turner, Ventress, Williams—14.

Ives gave notice of a bill providing for the compensation of owners of slaves executed for crimes; and the senate then adjourned.

Thursday, Jan. 18, 1844.

House met pursuant to adjournment:

Mr. Richards presented the petition of David Sheldon; referred to the judiciary committee.

He also presented sundry claims; referred to the committee on claims.

Mr. Love presented the claim of W. V. Yerby: referred to same committee.

Mr. Price presented the petition of sundry citizens of Tippah county, accompanied with a bill to be entitled an act to authorize sheriff sales at Salem, in the county of Tippah, and for other purposes; read 3 times and passed.

Mr. Yerger presented the claim of D. J. Bennen: referred to committee on claims.

Mr. Lewis presented the petition of S. L. Corwin; referred to the committee on propositions and grievances.

Mr. Ayres, for the standing committee on propositions and grievances, to whom was referred the petition of J. H. Montgomery, reported favorably to the same; report received and agreed to. He also, from same committee, to whom was referred the petitions of W. S. Phillips and J. Dukemanier, reported against the prayer of the petitioners; report received and agreed to.

Coleman of DeSoto, from the judiciary committee, to whom was referred the bill to repeal an act to amend an act to abolish imprisonment for debt, reported the same without amendment, received.

Harris of Copiah, moved to recommit the bill to the same committee, with instructions to report a bill so amending the act of 1840 as to give some court jurisdiction to empannel a jury, as provided for in that act, to try the issue there provided for; the action of which was cut off by the orders of the day.

The governor communicated to the house his approval and signature of the following acts:

An act to change the time of holding the probate court of Lafayette county: a memorial to the president of the United States: an act to change the time of holding the probate court in the county of Jasper: an act to change the name of Horace Biddle.

The house proceeded to consider Mr. Kinannon's motion to recommit the bill districting the state, to a select committee: but before the question was taken, Mr. Kinannon, by leave of the house, withdrew his proposition.

Love of Pike, moved that the house agree to the report of the committee of the whole; which was decided in the negative—yeas 34, nays, 52.

Lemons of Smith, moved that the county of Hinds be stricken out in the 13th line, and insert it after Word Jefferson in the 16th line; adopted—yeas, 56, nays 29.

Winchester of Adams, moved to strike out Rankin and Copiah, and insert Adams, Amite and Wilkinson; lost.

Jarnagin of Noxubee, moved to strike out Monroe in the 9th line, and insert Bolivar; which was lost.

Fontain of Pontotoc, moved to amend by striking out the counties of DeSoto, Marshall, Lafayette, Panola, Tunica, Coahoma, Tallahatchie and Yallabusha, and insert in lieu thereof, the counties of Monroe, Chickasaw, Lowndes, Oktibbeha, Winston, Noxubee and Choctaw. He also addressed the house in support of his motion until the hour of adjournment arrived.

The house then adjourned.

FRIDAY, Jan. 19, 1844.

Senate.—The senate met pursuant to adjournment, and the journals were read.

Turner of Franklin, presented a petition from a citizen of Natchez, a foreigner, who has not been naturalized, praying to be made an heir to his brother; referred.

Dupree of Hinds, introduced a bill for the better regulation of criminal prosecutions, which defines the duties of the district attorneys, and also of the setting of days for the trial of criminal cases; which received two readings and was referred to a committee of the whole on to-morrow.

Ramsay introduced a bill for the re-organizing the county of Perry; which received two readings and was ordered to a 3d reading.

Swann of Rankin, introduced a bill for the dividing of the state into four congressional districts which received two readings and was committed to a committee of the whole house for to-morrow. This is substantially the senate bill of the July session.

Matthews of Marshall, by leave, introduced a bill repealing an act of 22d of February, 1840, respecting imprisonment for debt. He remarked, that he thought that the act of 1839, requiring the creditor to give bond and make affidavit, was amply sufficient.

Briscoe of Claiborne, said he was opposed to any repeal.

Guion of Warren, moved to commit the bill to a committee of the whole; carried.

Adams of Jasper, introduced a bill changing the name of William Jemison Bowen to that of William Jemison Wilson; which received two readings and was ordered to a third.

Matthews introduced a resolution raising a joint select committee to examine into the financial condition of the treasury, and to devise means of raising the state warrants to par value: which passed.

The act for amending of the constitution of the state of Mississippi, as regards the introduction of slaves, coming upon its final passage, was decided in the affirmative.

The bill for the relief of Rufus O. Pray, passed: also the bill for the relief of Larkin Sullivan, a revolutionary soldier: also a bill requiring the bonds of county officers to be filed in the office of the probate court, and providing for the taking of all bonds by the probate judge.

The unfinished business of yesterday being the bill dividing the state into judicial districts was then taken up.

Substitutes offered by Messrs. Montgomery and Matthews, for the arrangement of the courts in their respective districts, passed, together with an amendment offered by Mr. Booth as to the courts of Carroll; the bill as amended was then ordered to a third reading.

The bill respecting sheriffs' sales in the county of Tippah, was taken up in committee of the whole, Mr. Pegues in the chair. The committee rose and reported the bill without amendment, and the senate refused to order the bill to a third reading.

The bill forming a new county, to be called the county of Issaquena, formed by dividing the county of Washington, was ordered to a third reading, and was then passed.

The same went into committee of the whole on the salary bill.

Guion of Warren, offered an amendment striking out 2,500 for the chancellor's salary and insert $3,000. The question being taken on striking out, it was decided in the negative.

The act of July making the vice chancellor's salary 2,000, that line was stricken out.

Guion offered an amendment reducing the attorney general's salary to $1,200. He thought this would be a reduction more consonant with the course to be pursued, than allowing the auditor but $1,500, and the attorney general the same sum.

Ives of Yallabusha, thought the qualities necessary to make an auditor, treasurer and secretary, much lower than those required by an attorney general.

Speight of Lowndes, thought we were in danger of bringing our high offices into contempt. He was opposed to paying officers for services they do not render. He thought we were in danger of making those officers who held in their hands judgment over life or death, inferior to the ordinary practitioners in the tribunals over which they preside. The bill districting the state for judicial districts required some judges to travel into some eleven counties; yet gentlemen would make these high officers perform their laborious duties for the mere pittance of $2,000. He had before expressed his dislike of the system of electing judges as it prevailed in this state. He disliked to see these high officers hat in hand bowing to every breeze of popular opinion in order to obtain office. He conceived that in these times we were going beyond democracy—that democracy which guided our fathers in the establishment of our form of government. He hoped, that at so late a day, this blemish would be removed, and that our judges would be appointed by the governor or elected by the legislature. But before that was accomplished, let us not so beggar our judges as to prevent competent gentlemen from holding those offices.
The same remarks would apply to the other principal officers of government.

The secretary of state was the next officer in dignity to the governor, and should be a most intelligent and capable gentleman.

The auditor of public accounts was the most laborious officer in the government. The present incumbent labored night and day in his office, and yet it was proposed to reduce his pay to $1,500 per annum.

He added some further remarks expressive of his views. The question being taken on Mr. Guion's amendment, the same was adopted.

Speight moved to make the chancellor's salary the same as that of the circuit judges. He said the estimate made of services rendered by judicial officers in proportion to the physical labor performed, would make the chancellor's labor much less than that of the circuit judges. He believed, moreover, that those judges required as much or more legal knowledge for the performance of these duties, as the chancellor, and that the bill would be more just and equal with the amendment.

Biscoe of Claiborne, rose to ask if Speight's amendment carried, if that gentleman would vote for the bill?

Speight said he could make no such pledge in advance. The whole bill must be revised in order to make it acceptable. He again referred to the offices of auditor, treasurer and secretary of state. He asked how it was expected, after a laborious and expensive canvass, which he regretted that public opinion made necessary, that these gentlemen should move down their families and furniture at further expense, and receive only $1,500 or $1,200 for their services, in warrants at their present depreciated value?

Biscoe asked if they could not move up as well as down? He believed that gentlemen competent for the duties could be found, who would move up, if such could not be found who would move down for the compensation proposed.

Speight said he would accept the amendment, and say up or down. He added that these officers were selected in North Carolina by the legislature, and received much higher salaries than those proposed by the bill, without incurring the expenses of a canvass here deemed necessary.

Biscoe said that it was a prejudice generally entertained by gentlemen coming here from other states, that the state they came from had the best officers and laws in any other. He had been so long in Mississippi, that he had no such prejudices.

Speight said he too was a Mississippian. He would, as long as life lasted, support her honor and her dignity. He had merely instanced the course of North Carolina, as a light which might guide us in legislation. This state was but young, and it became us to look at the lights of experience which other and older states and governments afforded us.

Knox of Washington, said he had had the honor—he might say the disgrace—to be a member of the convention which framed the present constitution. He then thought that the elective system of choosing judges would answer a good end. In this he was misled by the opinions of Mr. Jefferson, who, although perhaps the foremost of great statesmen, sometimes, and in this instance, he thought, erred. He had found, by experience, that the plan would not do. The only way, he thought, to show that the course would not do, was to disgust even the demagogue—was to put the salaries for judges so low, that even the demagogues would seek these offices.

Matthews of Marshall, after some remarks in support of the bill, said, that he was never unwilling to submit these things to the good sense of the people. He believed that they had already exercised this with benefit to themselves, and would still do it.

Knox said he had not intended any reflection against the present incumbents.

The question being taken, Speight's amendment was lost.

Adams of Jasper, moved to reduce the salary of the superintendent of the penitentiary to $1000; lost.

Horner of Clarke, thought the times were so different from those under which the present salaries were established, that the pay would be even greater than it was before.

Ives of Yalobusha, made some pertinent remarks in support of the bill.

Lumpkin of Panola, said that although he came here pledged in favor of retrenchment, he must vote against this bill. It was true, the means of living required less money than in times past, but he thought that business was now reviving, and that before long the prices of produce would be enhanced and more would be required to support a man than now. He thought we should have an eye to the future as well as the present. While he favored retrenchment, he could not do so to the detriment of the public service.

Matthews offered an amendment, abolishing the office of reporter to the chancery court, which was adopted.

Wall of Amite, offered an amendment to be introduced immediately after the word "penitentiary," reducing the governor's salary to $2500; which was lost.

Montgomery moved to amend, so that this tariff of salaries shall not go in force until auditor's warrants are redeemed with specie: which was lost.

The committee rose, and the amendments adopted therein were concurred in.

Wall renewed his amendment lost in committee of the whole, as to the governor's salary: which was lost, yeas 8, nays 19.

Turner of Franklin, moved to amend, by striking out the tax fee to district attorneys. He adduced, in support of his motion, an experience of forty-two years at the bar, which taught him the bad effects of such a provision. He said, when he first commenced the practice, this system prevailed, and his first case was one where two slaves were prosecuted for stealing chips. It was a temptation to the district attorney, who should be as free from undue bias as the judge, to prosecute in order to obtain tax fees, and to prosecute those who could be made to pay such tax fee, to conviction, and to be careless as to those who could not. Perhaps the best prayer ever put up, he said, was the prayer to deliver us from temptation. His amendment passed.

Matthews then moved to increase the salary of the district attorney to $800; lost.

Booth moved to increase it to $750; passed.

The question was then taken on the engrossment of the bill by ayes and noes, and decided in the affirmative—19 to 8.

Guion remarked that the senate was several days in advance of the house, and in order that the committees might have time to sit, he moved to adjourn until Monday.

The question being taken by ayes and noes, was decided in the affirmative, 18 to 9; so the senate adjourned until Monday.