The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1842-01-14

ed for a limited period by the Governor OF the
State, by and with the advice and consent OF the
Senate, or elected by the two houses on joint bal
lot There 10 nothing ia the constitution requlr-
ing such an officer 70 be elected by the people,
and feel quite confident that they do not desire
the election Of persons TO fill offices created by
law,
The eleventh amendment Of the constitution OF
the United States provides, that tThe judicial
power Of the United States shall not BIO construed
to extend to any suit in law equity, commence |
ed or prosecuted in one of the United States by
citizens of another State, or by citizens subjects
Of any foreign state" In no possible contingent
cy can a suit against the State be instituted in, or
taken to any Court of the United States, by CT
tZen of any State of this Union, by citizens or
subjects Of any foreign State. The consent OF
this State could not give jurisdiction to any OF the
| federal courts in suits against the State Inc
question has been long settled, that The consent q
parties cannot giUe jurisdiction to cny judicial IN
btIdL The constitution has not clothed the legls-
lature with the power of submitting claims a.
gainst the state to arbitration. If the Legislature
| shall ever determine that the bonds delivered to
/ the Mississippi Union Bank in June, 1888, should
be paid, notwithstanding the iegality of the sale,
their proper course will be to pass lao proUidilg
for their redemption required By The ninth section
Of the Sepenh Srtcle Of tie COnsttutiOn-tO submit
and publish TIE same, order that succeeding te-
slature may agree TO and pass Sch LG, or Disagree
10 the same If they deem Il unIOise, unjust, ineTpe-
dent, or unconstitutional.
| In accordance with my request, the chancellor
of the State has given his views as to the pro-
priety Of establishing a vice chanceor's court,
and in regard to the cOnstitutonallty and expedl-
ency of the same. His letter is herewith trans
mited, and deserves your most favorable conside'
ration. l have always concurred with the chan
cellor the questions discussed in his letter. lie
: truly remarks that "The business Of the chance
~ court has increased, and is increasing to ex-
tent unparalleled in this State, whilst the business
Of all the other courts is diminishing In an In.
verse ratio 1t seems now to be universally adj
mtted that the labOrs of one man will be wholly
inadequate to the discharge of the equity docket
of the State 1t is little remarkable that whilst
the other branches of judicial labor are dssribu-
{ ted out among numerous judges, that it should be
expected that the whole chancery business OF the
s State could be done by one Judge. My opinion
is, that one vice chancelors district for the nor
thern part Of the State will be sufficient, if they
leave the court always open at this point, so that
{ can sit at all times when business demands it.''
, The numerous fraudulent conveyances Of proper
4 ty-the immense amount Of property mOrtgaged,
o and the multitude of trusts, growing out of the
pressure of the times, must cause the business In
r the chOncery court to increase for many years.
n The l4th section of the Bill OF Rights declares
g That all courts shall be open, and every person.
for injury done him in his lands, goods, person
n or reputation, shall have remedy by due course o.
nj law, and right Of Justice administered without
q SALE denial delay" Therefore urge the estab
# lishment of vice chancelloris court in the nor
thern part of the State, clothed in that TERRITORY
N with jurisdiction concurrent with that Of the su
lie perior court of chancery. Appeals and wrlts o
Re errors from that court should be allowed to be
ID ken directly to the high courts OF errors and ap
n peas. The constitution does not require such ca
NJ see to be taken to the chancellor. By making thu
m jurisdiction Of the proposed court concurrent will
W the superior court of chancery, cases in whcl
ID either the chancellor or vice chancellor may b.
or interested could be transferred and speedily de
le termned. Parties in the northern district cOul
At also institute their suits in the courts this pac
,e if they should prefer that course.
u transmit herewith the report Of the State treo
Ell | sureT, and auditor of public accounts to me:
IN The receipts, with and withou:
at rant, from the list december, 1910,
IL to the 20th December, l84l, inclu-
tn sive. amount to $e44.44O
nd The expenditures during the same pc
IL Rod, amount to S25O,l25 8
n The :axes assessed in fifty-three coun-
lie ties and estimated in four others in
"a I84I, amount to s277,498 2
he The auditors pay warrants funded &
ne placed on interest at two, four and
I'd six years, amount to the sum of S08l, 666 3
ne Received on account of the sinking
or fund by the auditor, 5000, 1886 2
IN Received on account Of the seminary
h. fund by the auditor, S034,947 O
10 The two latter sums are included in the receipt
e. into the Treasury. Those funds are special
rs pledged and will hove be returned by the State
I'd The taxes payable the present year will be ampI
ed sufficient to redeem the Warrants issued since III
u LIST Of January, 1841 and unredeemed and to sur
rs port the Government the present year. This resu
is truly gratifying 1t will enable the State to di
ia charge her just obligations in par funds The holC
of the issued prior to the 1st of Janus
no ry, Al will no doubt place them all intere.
ny and the existing rate of taxation win enable Ii
of State to pay them at maturity.
ch transmit herewith general statement of II
ar affairs ofthe Planters Bank with sundry exhibi
III furnished by the Cashier ofthat institution:
10 There stands on the Books Of the Bank
is To the Credit of the Sinking Fund, $l27,541 {
lin Cent Fund, 1858. ;
To the Credit of the Sentry Fund, 1857 {
e To the Credit ofthe Literary Fund, 66
IN On the 3lst of January, 1889, sert to the Leg
n, lature special message and sundry documents,
relation to the three first instaments of the Surpl
zee Revenue amounting to 1882, 1876 30) received
IN the State Treasurer in 1887 and deposited in Il
ist Planters Bank. / respectfully call your esPeci
10 attention to those documents and urge inquiry
ce regard to the particular species of funds depost
in BY the Treasurer and paid out by the Planter
3D. Bank. Should It be ascertained that the Planter
he Bank has paid out more paper Of the Brandon Bal
ed 10 the State than it received dePosite, suit shou
as be forthwith instituted against the bank for the d
fcite CAUSED by the fraudulent acts of her officer
Tor The message and documents referred to, are to
to found at pages 1l6 to $50 of the House Journa
;er Of 1889. also present to your consideration q
th- account current of the Treasurer Of the State
int Mississippi with the Planters Bank at Natchez
he investigation in regard to this account will probab
he show that large sums have been drawn on Il
lrt. checks Of tho Treasurer, by persons not publ
ry- creditors who have given Brandon money Tor sa
la cheeks Should this fact be established suit ca
10 q. mdarad AGAINST the persons who have Tins =
|, properly obtained the public money.