Nine years of democratic rule in Mississippi; being notes upon the political history of the state, from the beginning of the year 1838, to the present time

Front matter

DQD1513S3flH

Qass_ Book.

NINE YEARS

Preface

- book docs not aspire to the grade of a history, and is therefore subject to criticism as such. It is comprised, as its title imports, of mere "Notes," and those, it is due to the wnter to say, were hastily thrown together to meet the weekly issues of "The Southron" newspaper, amid other employments and frequent interruptions which precluded a scientific arrangement of the subjects treated of, or even a very regular narration of events. It is believed, however, that facts are accurately sta d references to the best authorities fully and correctly given.

The principal sources of information as to the political bistor> of the State are the published Laws and the Journals of the two branches of the Legislature. Very few persons have complete these, and those who have, or have access to them, are aware that an immense mass of irrelevant matter must be wa ded through in order to arrive at the more important facts. Several of the Journals contain upwards of a thousand, and one or two extend to about fifteen hundred pages, while most o t them have no indexes. Most persons, therefore, who might desire to become acquainted with their contents have not time or inclination for so laborious an investigation, and thus many things worthy of being held in remembrance {.nd "kept before the people" are passing quietly into oblivion. It is hoped, therefore, that the "Notes," especially in their present form (for which, by the way, those to whom they may be acceptable are indebted to the publisher alone) may be found useful, at least as a sort of Manual, or as a General Index to the official records of the political events of the period of which they treat.

) the object of the publication of the following chapters, in their original form, a wort! or two ma}' not be amiss here. character and credit'" of Mississippi seemed to be af tl e lowest ebb. while it was believed that there was no substantial or sufficient reason why they should not stand as high as those of any State in the Union. It was therefore thought to be worth while to inquire diligently into the causes, with a view to eradicate them, should they be found to be eradicate ; and

- : it was surmised that the malady had become too rife for cessful application of trifling- remedies, and that the onlyhope of a radical cure lay in a complete change in the system. it is believed that the disease has been shown not to be desperate, and the hope has been fondly indulged that its eradication

• possibly be , mer than it wouU

• J r *^ \ -^Xpreface.

■otherwise ba7C been done, if an.exposition of the case should be made, so that the people at large, who alone can apply a corrective, might have a view of all the important facts, as it were, at a glance. That they will apply it, sooner or later, is regarded beyond a doubt.

With whatsoever of severity measures may have been treated, no malignity of feeling towards men has been indulged in. In such a work, it is impossible to avoid closely connecting the actors upon the political stage with the acts performed by them. It is true, also, that the public acts of men in public station are public property, and are legitimately subject to the severest animadversion ; but, in exercising this right, there is great danger of trenching upon private character, andit is extremely difficult to observe so well denned a line of distinction between public or official and private character as to keep them entirely disunited. This however has been sedulously attempted, and it is believed that no illegitimate or unnecessary reference to personal reputation has been made, as it is very certain that no such thing was intended.

The writer has no interest in the experiment of publishing his hasty "Notes'* in Book Form. He will be satisfied sf the worthy and enterprising publisher is saved from loss, and the book shall prove to be of any service to the people of the State, in revealing to them either their own faults or those of their public servants, or in enabling them, with more facility, to correct what he conscientiously believes to be the enormous and still growing evils inflicted upon both State and People by the policy of the government for the last "Ninr Ykars."

Chapter I. Introductory— Object and duty of Governments: p. 1 to 8

Chapter II. A. D. 1838 — The great Monetary Revulsion—its effects upon Mississippi— Mississippi behind other States in the restoration of credit and confidence, —Effects of new "Remedies for the Times" — Message of governor Lynch — extracts therefrom — Recommendation of the federal government to the deposite banks to grant "increased facilities" to the people — commencement of the "Bank War" in Mississippi — Ban k <'ommissioners' Report — Opinion of the Joint Select Committee on the bill to charter the Union Bank — Confusion in the Finances of the State and in the accounts of the Auditor and Treasurer— Defalcation of the Auditor (Mallory) — Irregularities in the Adjutant General's Office — Pecuniary difficulties in relation to Dublic printing — Mississippi funds at a discount in the North — Spirit of speculation — debt and distress of the people — Passage of laws creating more banks by the Legislature and Vetoes of the governor (McNutt. ) —Veto of the Real Estate Bank of Columbus, and approval of the Union Bank Charter — Advocacy by Senator (afterwards governor) Tucker, of the Real Estate: Bank of Columbus, and his protest against the Unicr; Bank — Singularly antipodal views and acts of Messrs, McNutt and Tucker: p. 8 to 20.

Chapter III. A, D. 1838— "The great batch of new banks" — who responsible for their creation— First c: the series of acts to relieve Debtors at the expense ot Creditor?— Political character and history of governor McNutt — elected by a minority vote — his influence and policy— Act to amend the laws respecting suirs against endorsers, &c, (commonly called "Mc- Nuu ; s Law")— character and effect of that Act — sustained, as constitutional, by the High Court — criticism upon that decision — Effect of Stay and Relief laws — Judicial and Natural views of such laws contrasted — Effect of tne ascendency of a debtor interest in a Legislature: p. 20 to 35.

Chapter IV. Legislative Acts of 1838— Extensive incorporation of Towns, Churches, Insurance Companies, and Railroads — banking privileges and authority to contract loans and issue bonds and notes, and to dea I in exchange, allowed the latter— approval of Railroad Is granting banking privileges by Mr. McNutt contrasted with his vetoes— Increase of Stock-mortgage

VI CONTENTS.

corporations — Veto messages— extracts from the same — Approval of the Supplement Union Bank bill- Issuance of the Union Bank Bonds and gubernatorial view of the liability of the State on the Planters' Bank Bonds— Difficulty of ascertaining the policy of the government in regard to banks in 1838— Whig opinion that there were too many banks— extracts from message of Gov. Lynch — Large bank discounts to Commission-houses/the reasons therefor r and effects of the money crisis thereupon — the people the real defaulters — Apparent ultimate object of the "Bank War:" p. 35 to 49.

Chapter V. A. D. 1838— Vfretcbed financial condition of the State — Eagerness to relieve the pecuniary pressure by means of the sale of the Union Bank Bonds— Disagreement of the Executive and Legislature as to banks — Vetoes — Appeals to the pockets of the people— Departure from the principles ol the science of government — Demand for discounts— Executive threats against the banks — Report of the Bank Commissioners— forbearance of the banks to sue their debtors— proportion of specie to bank circulation — immense disparity thereof— advances on cotter; by the banks — recommendation by the Bank Commissioners of leniency and forbearance to the banks, and against the resumption of specie payments before August 1839, and disagreement of the Executive therewith — Active commencement of the "bank war' — the great bank-war chief of the Union, and the chief in the war against the Mississippi banks: p. 49 to 64.

Chapter VI. Acts of 1838— Large appropriations for public printing and extra allowance to officers of the Legislature— expense of running the line between Mississippi and Tennessee — appointment of U. S, Senator — Pray's code — proposed Geological survey of the State rejected— Mineral treasures of the State — The great "Remedy for the times," the Union Bank — Vote on the second passage of the charter in 1838 — Reports of the Committees of the Senate and House

' urging the measure, showing the pecuniary distress of the people, and urging the passage of the "Supplemental Bill" — Form of the bonds issued — Approval of governor McNutt of both the original and supplemental charters— Large vote for the supplemental bin — Universal belief in its constitutionality — Issuance of the bonds and the advent of Repudiation — that doctrine tested by National Law and by moral principle: p. 64 to 80.

Chapter VII. A. D. 1839— Governors Message— Resumption of specie payments — proof that resumption was forced on too early to be permanent — Conduct of

CONTENTS. Vll

\hc party press with reference to the banks— The banking system of the State— Review ol the better system under the Territorial government — Early history of Banking in the State — Effect of long loans- Extract from the Report of (he Bank Commissioners — Second and final suspension— Executive war upon the Union Bank: p. 80 to 90.

Chapter VIII. A. D. 1839— Attack upon the validity of the sale of the Union Bank Bonds, by the governor — Defence of the same by a joint committee of the Legislature— Complaint of the Executive that the Union Bank had refused to be examined, had issued post notes and failed to establish branches — Defence and justification by the joint committee— Continued popularity of the Union Bank with the Democracy — Singular Minority Report of Mr. H. S. Foote — Declaration of governor McNutt in favor of State banks —his hints of the effects of forfeitares of charters — his acknowledgment of the liability of the Staie on the Planters' Bank Bonds: p. 91 to 102.

Chapter IX. A. D. 1839— State finances— confusion in the books of the Treasurer's office — defection of tax collectors— defalcation of Auditor Mallory — Correspondence of the Executive and the President of the Brandon Bank — Letter to the Cashier of the Planters' bank and denial of the governor that he wished to embarrass that institution — Difficulties about the public printing — Defalcation of the Auctioneers — First passage and approval of bills to issue $6,000,000 more of State Stocks — Scarcity of the printed laws and Executive recommendation to adopt "Pray's Code" — Indian outbreaks— Mi utary matters — The galion law — Further acts of incorporation — Railroads — Revenue acts — Loan of the Union Bank to the State- Executive Contingent Fund— Act to imprison public defaulters: p. 102 to 114.

Chapter X. A. D. 1839— Transfer of the State Stock in the Planters' Bank to the Mississippi Railroad Company — Minor "Remedies for the Times" — Position and conduct of the Bar of the State — Attempts to prejudice a community against the bar, as a elass, an indication of tyranny — Abolition of Imprisonment for Debt— the "Women's Law" — Protest of Judge Gholson and others against the transfer of the State Stock in the Planters' Bank— Veto message of Mr, McNutt: p. 114 to 125.

Chapter XI. A. D. 1840— Second term of office of governor McNutt — Acts for the exclusive benefit of the debtor interest — constant opposition thereto by the Whig party — Governor's message of 1840 — Executive testimony that great distress still existed, and that the State had lost "character and credit"— broaching

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of the doctrine that the interest o;" the fe-js shoal sacrificed to that of the many — Denunciation of a certain class of creditors—Increase of suits— Unpopularity of the Federal Court with ''the Rule 5 ' — Breaking up of various terms of the courts by the resignation of Sheriffs and Coroners, and the neglect of the former to summon juries, &c. — Irregularity in the records of the courts — Executive attack upon the High and Chancery Courts — Wretched state of the government finances — Defection of Assessors— Repudiation "casts its shadow before" — The Executive, having shown the miserable condition of the finances, declares itself opposed to an increase of taxes to meet the emergency: p. 125 to 135.

Chapter XII. A. D. 1840— Expiration and forced continuance of the Act to appoint Bank Commissioners — Executive statement of mismanagement of the Union Bank — State of the currency — Executive attack upon the Union Bank, and acknowledgment of the liability of the State upon her bonds— First glimmering of 'Briscoism" — Executive advice to abrogate all laws making it penal to forgebank paper — Dr. Hagan, his newspaper and bank commissionership — his attack upon certain individuals— Agricultural Bank debt tc the United States government — Encouragement to the debtors to that bank not to pay up — continuatior.. of the "bank war:" p. 135 to 148.

Chapter XIII. A. D. 1840— Attack of Dr. Hagan on the U. S. District Attorney contradicted by Legislative committees — Attacks of Dr. Hagan upon the Senate — Resolution offered in that body to bring him before it — Opposition to the Federal Court — R. J. Walker's agency at Washington in the matter of the Agricultural Bank — Formal denial of the Executive charges against the High Court by Judges Sharkey and Trotter — The right to repeal bank charters urged by the governor — support of that doctrine by Mr. Upton Miller of the Senate— sarcasm upon the same by Mr. Graves of the House — Act to prevent banks from assigning their assets to pay their debts, and authorizing the governor to declare forfeiture of corporate privileges by proclamation — "Remedies for the times" — valuation act, a relief measure — extension o: six months in the collection of debts by giving a term to plead — abrogation of special terms of the courts — interference with the Federal Court — Recommendation to Congress to pass the Sub Treasury bill and censure of Senator Henderson for voting against it; p. 149 to 160.

Chapter XIV. A, D. 1840— Internal Improvement scheme abandoned and Congress solicited tu grant all the government lands in the State to carry it out — The

CONTENTS. IX

project to raise $0,000,000 by State bonds abandoned — assigned and true cause therefor — Fears of the Legislature that Congress might assume the debts of the States — Act to repeal the charter of the Brandon Bank — Failure of the attempt to repeal a part of the Union Bank charter — Election of Slate Directors of the Union Bank — Executive vetoes — The State Treasury entirely empty — no means of meeting the per diem allowance of members of the Legislature — recommendation of the committee of Ways and Means that the members and officers shall return to their homes — proposition to borrow of the banks to pay the Legislature — <; The Rule," unable to raise money to pay the debts of the State, are ready for the coupde main of Repudiation: p. 160 to 169.

Chapter XV. A. D. 1841— Preparation of the public mind for the doctrine of Repudiation — Message of Gov. McNutt in favor of that course — Conduct of the Executive opposed by the Legislature — Anti-Repudiating Resolutions carried in both Houses by large majorities — Executive array of legal quibbles against the payment of the bonds and contempt of the Legislature therefor — Mr. McNutt's incompetency as a financier — his encouragement to the people not to pay the bonds, and not to elect representatives who will lay a tax for that purpose, or tax-collectors who will collect it — Attempt to make the Planters' Bank pay the bonds after the State stock in it was transferred- Proclamation of forfeiture against the Union Bank — impotence of the same and foolishness of the Executive in attempting to enforce it — Second attack upon The High Court — Severe resolutions against the governor — Repudiation put forward as a democratic measure in order to counteract the effect of the Presiden- Lial election of 1840: p. 169 to 187.

Chapter XVI. A. D. 1841— Executive and Legislative disagreement upon the bond question — Special message of governor McNutt, denying the charge of proclaiming the State not bound to pay the Planters* Bank bonds — Governor's "Review and Defence" of his own course in relation to bonds and banks, reviewed — insufficient reasons given by him for signing the original and supplemental Union Bank charters— his abuse of the bond holders— Repudiation defined — "Remedies for the Times" — funding of the State warrants — Universal bungling of "the Democratic Rule" in matters of finance, currency and credit: p. 187 to 198.

Chapter XVIL A. D. 1841-2— Revenue— Defalcations, domestic debt, &c— Extravagance of the government—public printing— manoeuvre by which the printing was retained by the democratic party in the

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face of the law—the "Contingent Fund" — "leg treasurers"— speculating tax collectors— tax list extended— "Remedies for the Times"— Legislation for the debtor interest — Interference with judgment liens— exemption of property from execution — repeal of laws requiring sheriffs sales to be advertised — Carelessness and confusion in the Acts of 1841 — Repeal of the bank Act of 1837 — Resolutions in relation to the tariff— More Railroad Companies chartered— Assumption of governor McNutt that the bonds would not be paid, in his correspondence with certain bond holders, in the face of the bond paying Resolutions of both Houses— Extracts from that correspondence — comments thereupon— celebrated letter to Hope & Co.— Protest of a coupon of the State for $50— Official insult to the bond holders in the Legislative Journals — "Appeals to the People" on the bond question — Neglect of duty by the public officers — Cramped state )f the Treasury— Individual immorality an effect of immoral Legislation— A new Court, in'which to try State causes exclusively, and particularly the bond question, recommended by the Executive— Executive declaration that the Planters' Bank is not bound for the bonds — denial of Union Rank stock having been transferred to the State— Loss of the State by banksgreater loss by Repudiation: p. 198 to 217. Chapter XVIII. A. D. 1842-3— Administration of governor Tucker — Disagreement of the McNutt and Tucker factions — Mr. Tucker's summary of the administrations of his predecessor — confusion of the State's finance.- — charges of losses, extravagance, prodigality, &c .— Detriment to the true interests of the State by violent party measures— Subserviency of the State to the National Government— Repudiating Resolutions — Party capital made by appeals to the pockets of the people— Gov. Tucker's abuse of those who oppose the Repudiation of the Union Bank bonds — Trifling with the character and fame of the State by partv politicians— Tvranny of the leading Rejiidiators— "Radical" and "Halfway" Repudiation- Advocacy by the Executive of paying the Planter-' Bank bonds— Mr. Tucker's merits as a constitutional lawyer— his opinion of his profession— judged by his rules— Gordon D. Boyd's "constitutional" opposition to the payment of the Planters' Bank bonds— his opinion of National Law— The "Briscoe bill"— protest against it in the House— its contemplated mischief arrested by the amendment of the Senate- Progress of Legislation for the debtor interest exclusively: p. 217 to 233.

Chapter XIX. A. D. 1842-3— History of the Tucker Administration continued— Defalcation of R S

CONTENTS, I I

Graves, State Treasurer — Disturbance in the ranks of "the Rule" thereby created— criminations and recriminations — Review of the controversy — Economical and patriotic disposition of Mr. Graves— Bad management by the State officers, tax collectors, &c— loss of the State thereby — Ignorance of statesmanship and desperate expedienis in finance of the administration — the public printing— extravagance therein— Farmer depression of the tone of public morals — the ^'negro pleas" — sales of land for taxes — fraudulent purchases of the same favored by Legislation — Bad effects upon the people of bad government — Fruitless attempts of the Executive to urge provision for paying the Planters' Bank bonds— the progress of Repudiation onward— Executive recommendation to cut down the salaries of the Judges: p. 233 to 253.

Chapter XX. A. D. 1844— First administration 6i governor Brown — Prevalence of the Tucker school of politics and "half way" repudiation— no improvement in the character and credit of State or people — Progress of Executive and Legislative usurpation of the Judicial power — advocacy of settling judicial questions at the ballot box by the democratic press — pledges on legal questions required of judicial candidates by the Debtor Interest — Attempts of the press to gag the courts and bring the judges into contempt with the people — extracts from the State paper— progress of the War upon the Judiciary — Subservience of the Executive to the "ballot box" method of settling judicial questioDS— Retrospect of the public life of Mr. Brown— solicitation of certain democrats to his Excellency to become a candidate for Judge — Futile attempts of the Executive to provide for paying the Planters' Bank bonds— silent contempt of the Legisture for those efforts— Pernicious effect of the Repudiating Resolutions— their demoralizing tendency — general disposition of "the Rule" to repudiate all debts — Illustration in the Senate of the low tone of public morals— effects of the laws to relieve debtors at the expense of creditors — Further attempts to reduce judicial salaries— effect ot that movement upon :.e Chancery Court — high character of that tribunal — further opposition to the Federal Courts— Enactment to prevent judgments against the State from being paid out of the Treasury — Veto message of govt Brown: p. 253 to 268.

Chapter XXI. A. D. 1846-7 — Message of the governor in '46— Refutation of the statement therein that the State had a specie currency — Low condition oi the credit of the State and people, the effect of Repudiation and Briscoism — Scheme of abolishing all laws the collection of security debts— Political iss ill CONTENTS.

settling down into simple questions of abstract, mora? Right and Wrong — The Currency of the State— Proposition to prohibit banks by an amendment to the constitution — The bank war merged in a war upon the judiciary— Governor Brown's opinion of the quo warranto law in January 1846 — change of that opinion expressed in his reply to a call upon him in 1847, to become a candidate for the bench of the High Court — his acknowledged unfitness for the station confirmed — Succinct history of the "Briscoe Bill" movement, and its connexion with the present attempt to undermine the Judiciary — the Briseoe bill of 1846 ( Tor rey's)— Protest against it in the Senate — Continuation of the history of the "War upon the Judiciary:" p. 268 to 289.

Chapter XXII. A. D. 1846-7— Startling results of the policy of the Democratic Rule— Executive advocacy of paying the Planters' Bank bonds answered by a Legislative proposal to reduce the taxes — Dangerous effects of departing from moral principle in government—Power of the McNuit faction over the Democracy, despite the defeat of Mr. McNutt as a candidate lor the U. S. Senate— Courage and determination of that faction and timidity of the opposite laction of the Democracy — Both factions the enemies of the true interests of the State — Perversity of the Press and non-committal of the Pulpit— Repudiation the cause of incalculable evil, and of no advantage, even pecuniarily, to State or people — Loss to the State and her citizens by the Resolutions of 1842 already more than the whole amount of the bonds — Daily loss accruing from adherence to tha; doctrine — Apathy of bond payers— Deleterious effects of the "Briscoe Bill," and other Relief and Stay Laws, upon the prosperity of the State — Failure of the policy of "the Rule" effectually to curtail either the credit system or the spirit of speculation — Conclusion: p. 289 to 304.

Introduction

CHAPTER I.

It has been said that if truth is the greatest object of the historian, (as it undoubtedly should be) justice is his first duty. It becomes doubly necessary to bear this proposition in mind when, as in the present instance, the historiographer of a political party belongs to a contemporary and opposite party — more necessary to him, perhaps, than to a monarchist who writes the history of a republic, or to a republican who writes that of a monarchy. In one, at least, of the two last mentioned cases, too many histories regarded as reliable, and some having obtained the very highest reputation, reveal plainly enough that the medium through which their authors respectively viewed their subjects was so clouded by national bias as, not only to cause them to overlook the beautiful regularity of feature which marks the countenance of Justice, but to give them a very confused idea of the honest and radiant, though rather plain face of Truth herself. We have the trustfulness to think we shall avoid splitting on the same rock, notwithstanding we have intimated our conviction that our course naturally drives us more directly towards it than that of those to whom we have alluded.

Fortunately for our intention to act up to our convictions upon this subject, our plan does not require us to enter, except remotely, into any of those great questions in dispute between the two great political parties of the Union, but only to note the acts, and their effects, of the Mississippi, branch of the Democratic party ; many of which have never yet been, and, we think, never wili be openly sanctioned or avowsd by the Democratic party of the Union- We intend simply to adduce facts for which the government of Missis* sippi is responsible, and, thereupon, to inquire calmly whether the policy of that government, for a period of nine years, during which the party now in power has held almost uninterrupted sway, has conduced, or ever could conduce, to the true welfare of the State.

This is a fair and legitimate question for the whole people of Mississippi to consider. We do not hesitate to admit that tee think it one of paramount interest and importance, and pre-eminently demanding investigation at this time ; but it is with the truly historical design of placing "the whole truth" before the reader, and thus enabling him to form an accurate opinion for himself, and not to color facts with our own views, that we devote ourself to this work of toil and, as we consider it, of true patriotism.

Of course, our object is to induce men of all parties to read what will cost us time and trouble to write : it would therefore be impolitic in us to excite prejudice by entering into the arena of party politics, and to befoul our pages with its accursed accompaniments of personal abuse, fishmarket slang-whang, &c We simply aim to place the whole course of action of the government of the State, for the period we have designated, in bold relief and side by side with the moral and physical condition of the people, under that governmental action, from year to year. We wish to do this in a manner to enable the people to try the several administrations of Governors McNutt, Tucker and Brown, not by party tests, but by the impartial lights of political science, independently of, and above, the narrow views of mere partisans and factionists. If the government, under those administrations, shall triumphantly withstand the proposed ordeal, the people can, of course, do no better than to respect, support and continue its policy ; but if, on the other hand, it falls, and known facts in the condition of people shall prove to be the well known effects of a departure from the true principles of eminent, will not common reason and common sense loudly proclaim that the people should demand the surest guaranties that there shall be a radical change in the State policy of the leaders of the party in power, or, if those leaders will not give such guaranties, then a change of leaders ?

We say nothing of the transfer of the government to the keeping of another party: we regard that as comparatively unimportant, if the party now in power will act for the true interests of the State. What we all wish, or ought to wish, is the real welfare of the State ; and we think there is not sufficient importance in the question of the political ascendency of this or that party in national politics, within our borders, to justify us in sacrificing to it our welfare as a State, or even in rendering the latter a question of secondary importance. If we are mistaken in this conclusion, we still ask whether there can be any impropriety in examining narrowly the policy the Statej government has pursued in connection with the coexistent condition of the State and people ; and, if it be found an undesirable one, then, with a view to remove the cause of the evil, in inquiring whether that condition is the effect of that course of policy ? Surely, no man who believes that "perpetual watchfulness is the price of liberty" can object to this, and this is all we propose to do.