Piney Woods planter. (Liberty, Mi. [i.e. Miss.]) 1838-1840, 1840-01-25
MESSAGE
OF THE GOVERNOR TO THE LEGIsLA
TURE OF THE STATE OF MISS.
lC0ncLuded.N

(COacluded)
Il aifords me great pleasure 10 be emf
blcd 10 inform you that much succet
has attended my efforts to organize tn
militia. Many Of the regiments are full
organized, and numerous efficient, we
disciplined Volunteer Companies hay
been. formed and armedin various section
OF the State. We are now prepared t,
protect our own rights, and at all time
enabled to respond to the calls ofthe Gen
erai Government when troops are required
| earnestly urge upon you the great i'm
portanc of providing by law, for the ap
po'Htment Of an Inspector General Of the
militia Of the Stnte, and for Brigade en-
equipments Of the commissioned officers
once in each year. 1t would be well tc
require such assemblages to be held al.
ternately in the several counties OF the
brigade, and to be there drilled for the
period Of three days by the Inspector Ge-
neral, and reviewed by the Generals Of
Brigade and Division. The regiment Of
the county might be required to parade al
the same period. | am assured that such
system would soon cause the complete
organization of every regiment in the
State. A rigid enforcement Of the col
lection of fines from delinquents, would
afford d fund sufficient to procure tent
cloths, music and standards. Under the
existing law, Captains and Sdbalterns are
not required to equip themselves. and
much difficulty exists in several of the re-
gimenis in getting suitable officers to ac-
cept those stations To obvi0te this in
convenience suggest tho necessity OF the
passage ola law compelling officers elect
ed OF those grades TO serve for the term OF
four years, and Of exempting them from
the performance Of militia duty in times
of peace after that period. 1t being i'm
possible for the officers of the militia to
procure proper books ofinstruction in mi
litarY exercises in this State, | took the
responsibility Of purchasing one thousand
copies of Cooper's Tactics for the reguIa-
ton and discipline of tho militia, and have
distributed them among the officers of the
several regiments. The total amount of
the cost of the books purchased was $773
81 cents, and respectfully request an
early appropriation to be made for tho
payment Of the account. This system is
highly approved and has been adopted by
many OF our sister states. am not aware
that Congress has prescribed any diciplne
for training the militia OF the Scveral
States, and in order to produce uniformity
in the discipline Of the militia Of this
State, recommend the passage of u law
Major Cooper's book ofdiscipline.
deem it my duty to call your attention
to the Judicial Legislation Of several Of our
In many cases parties are pro-
hbited from being heard by counsel in
open court, but are required by standing
rules TO submit written arguments and
briefs of the authorities relied upon
This precludes reply TO the arguments
and authorities adduoed by the opposite
party, and places it in the power Of the
Judge to overlook the adjudications cited
to the manifest injury of sutors. IL may
well be questioned whether several of
their rules now in force are not opposed
to the spirit OF the Goth section of the de-
cIaration of rights. A careful examlna-
ton of the rules adopted by the High
Court of Errors and Appeals, the Superior
Court Of Chnncery and Of the several Cir
cult Courts, will enable you to ascertain
the extent of their departure from the
of the Constitution and Of com
mon right, and | doubt not but that you
will correct the evil.
An amendment Of the several acts con-
cernlng last wills and testaments, the dn'
ties Of executors, administrators and guar
dams ana the rights of orphans and other
of deceased persons 10 alb
soipteIy necessary. Unless an appeal IS
taken in a very short period the decision
Of the Probate Court becomes hnal, and
cannot be reviewed in the Chancery
Court or reversed by the Appellate Court
The proceedings in the Probate Court are
aenerallv exparte and great looseness
st,rov.;l, in the manner Of dlspatchlDg bu-
finsSs Too much power Is given to the
I,,dge in vacation and in numerous casos
The securities and executors, admlnisira-
tors and guardians, are utterly insoivshI
'hon,sken To remedy tho latter evli,
s " tho passage Of a law, requiring
' ~ probate Judge TO examine all the Sc
VIC ,;,;ss proposed on oath, as to the extent
If tbeir means and liabilities before 1 s,5
VI WING them, and that all the Obig95' sho gif
sr rS the bond ia his presence. usea n , s
sagni,v Is foundin sustaining actions on 'ng
lou, If executors, administrators ana
bonds ls;.ns. and further legislation is re-
SSuisite, defining more clearly Inc f'A''O'
% suoA instruments,