Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1839-01-22


the sympathies Of the behOlders, and ii
Iltheir eyes, the feIon becomes amartyr.
"a system Of Criminal JurisprudeIco was
50 graduated, as clearly TO mark out the
various degrees Of crime and afix lheap.
propriate punishment, convictions would
become almost certain, and the'naiesty Of
the law vindicated--the Code proposes all
these objects, and, in addition, II defines
with great precision, every species 81
crime designates the manner Of aErestinu
the accused, and of proceeding in the fri-
l'al.f Il isUnjust to punish those who can.
not readily ascertain what is prohibited.
Under the existing system, it requires a
learned lawyer, after consulting an, i'm.
nense mass Of books, to find out the. long
catalogue of offences punishable by stat
ute, and at common law. x8 +, SIS
To prevent, if possible, the lawless acts
of violence which have so long gone un.
punished in the State, and to put those
harpies who are preying on the commune
ty, and wrestling from our citizens their
hard earnings at the gaming table, re-
commend to your consideration the pro.
Prlety Of giving compensation, In the
shape of tax fees, to the District Attorney.
A certain sum should be taxed in the bill
of costs, commensurate with the difficulty
of procuring conviction, to be collected
out of tho defendant. A tax fee of one
hundred dollars, for each conviction,
would soon drive the Faro Dealers from
the purlieus Of the Capitol, and from the
towns and villages which they have been
so long rObbing. No additional buTthen
would be thrown on the State, for the tax
fees now collected, seldom reach the State
Treasury. Further legislation is requl.
site in relation to the criminalc court. The
District Attorney of the first judicial Dis
trict is required to attend the sessions of
the criminal court, in four counties, inad-
ditionto his duties in the circuit court.
| The terms Of the two courts conflict, and
the labors required of that officer are
much greater than he can well perform.
In the event Of his absence from court he
is required to pay the compensation allow
ed the person appointed to fill his place
a greater compensation should be allowed
than that now fixed by law, or less labor
should be required.
The Report of the Joint Committee of
the Legislature on the books and papers
| Of the late Auditor, John H. Mallory,
and the State Funds, is herewith transmit.
ted. II appears that he is edefaulter to
the amount of fifty.four thousand and Sc
Venty nine dollars and ninety six
cents--aIl Except $3.50 5s) on account
of Fowl Lots and the Three per cent.
Seminary and Sinking Funds. The ex.
isting law gives the Auditor exclusive
control Of the money arising from the sale
of Town Lots and the Three per cent.
and Seminary Funds, and heis also one of
the Commissioners Of the Sinking Fund.
It was intended that the Auditor and
Treasurer should be checks on each other;
yet, by an oversight, more power has been
vested in the Auditor than, perhaps, was.
intended. The trust reposed has been sad.
| lyabused, and he has been enabled thus
long, to conceal his defalcations in conse.
quence Of being most unwisely authorized
to receive money which should have been
audited and paid into the State Treasury
in the usual manLer. Great looseness ap-
pears to have prevailed in both the Audi
tors and Treasurer's office during the
years 1885 and 1887. The laSe Treasu.
rer, G. G. Mayson, appears to have been
in the habit Of receiving money Of tax col.
leetors, and others, without The production
of the Auditors receipt warrant, as re.
| quired by law. This may exempt the Sc.
curities, on his bond, from liability, but it
will operate most oppfessively on the tax
collectors, to be compelled to pay the mo-
ney again. The resolution approved
May 18th, 1887, authorized " the State
| Treasurer to receive Of the several tax
collectors of this State, the notes of all the
chartered Banking Companies Of the State
Of Mississippi, in payment and discharge
of all the warrants issued by the Audi
tor of Public Accounts upon the Trcasu.
i reF of the State;n and the act approved May
I'd, 1887, authorized him to receive the
distributive share Of the Surplus Revenue
of the United States, required to be de-
/ posted with this State. No authority
i was given him to receive of the Govern
| ment Of the United States any thing but
gold and silver, or the notes of specie pay.
i ing banks, yet, in defiance of law, he re-
ceived payment Of the Treasury drafts. in
such deprecated paper as the Agricultu.
i raj Bank chose to give him, and deposited
/ portion thereof in the Branch of the
i Commercial and Rail Road Bank Of
| Yicksburg, OF Clinton, and the residue IN
| the Office Of the Planters Bank, at Jack.
son. Aboutfwo hundred thousand dol
lars Of the money received of the Agicul-
luFal Bank, ION account of the Surplus
Revenue, was deposited In the Ofiice 81
/ the Planters Bank at Jackson, land thaf
branch hasgeper since the suspension; iga.
| fused topdy out any thing to the public
q creditors, except Brandon money! ID
y order that future dcfalcations may be- pre-.
vented, beg leave to veconmend an en-.
1 tire consolidation, revision, and amend.
meht of aIl'fhe laws u relation 70 thedu.
I ties Of the Auditor, Treasurer and As
SCISSORS and Collectors. No sufficient
reason exists why the Auditors bono
should DOT contain as heavy 1 penalty q
that of The State Treasurer, and III
should, mo eass, Is authorized to Is
csiy6 money on Recount Of the. Stale b
ahF parg fund.- a change should b
mad 81 relation 10 tie method 81 keep
inn the accounts iii tie Fcasurefs 5I .
moneys paid into tie Treasury 81 &c
!, Il kssss - as E - rs tess