The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-07-27
GOYERNOR's MESSAGE.
Gentlemen offhs Senate,
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Ahg Nie9 OuAuNNfJ Ioulti duu llt want OF proper
and adequate laws to insure the collection Of the
revenue, and the safe keeping Ofthe public funds,
| have been reluctantly compelled to subject you
to the trouble Of assembling before the regular
period Of your meeting. Your desire to serve the
State, doubt not, will enable you cheerlully to
encounter this Inconvenience.
The act Of the Goth Of February, 1912, con.
tains no provision for the election Of Vice Chan.
.cellor. The High Court Of Errors and Appeals
dr the State has recently decided the act defective
in dis respect, and at the same time asserted The
constitutional power Of the legislature to create
and establish Vice Chancery Cowl Of inferior
jurisdiction. When the act creating this court
was before me, entertained doubts as 10 lis con-
sttuliOnuliiy, but | was not sufficiently fixed in
nav opinions 10 induce me TO withhold my appro-
val from the ac.. especially when found myself
differing on this subject from all the distinguished
iurisls ofthe State. The highest judicial tribunal
of the State has adjudcaied the question, and it
Gemans for the Legislature now to exercise this
power IN such a mannef as will most contribute
to the interest and welfare Of the State. In re-
vising this act, | would recommend The lCgisa-
ture to provide for the election Of the several
clerks Of The court. The present act provides for
their appoinlmenl by the Vice Chancellor Had
my attention been called to This feature Of the act
ia cOnDec.iOn with the nIneteealh section Of the
4lh article Of the constitution, before It became
law, [ should certainly have withheld my sppfo-
val This is declared to be an inferior court,
and on that ground alone is based the power Of
the legislature to create Il. The l9tn section Of
the Gh article Of the constitution provides that
''the clerks Of the Circuit, Probate and other IN
r. kill -, al 4
electors Of the respective countess aud shall hold
their offices for the term Of two years" The
constitution has beCe prescribed the mode Of elect
ing the clerks Of al inferior courts and the clerk
Of the Vice Chancery Court comes within Ks pro-
visions. Should the legislature, in its wisdom,
deem il proper TO Teorganlze this court, would
respectfully suggest the proPrety Of prescribing
Gha term Of the Office Of the Vice Chancellor, the
Rode Of bis election, and also that the several
clerks Of the court be elected by the qualified
electors Of the several counties composing the
districts Of the courts apPrehend that there
can be 40 difference Of opinion as to the necessi-
ty-fr the purposes OF iusuFing public Justice
that chancary Jurisdiction should be exercised by
other tribunals ihaa he Superior Court Of Cham
cery- Il Is Impossible for the Chancellor Of the
Superior Cour 10 dischal,s the Onerous duties
ahich require the interposition Of ehancery or
equity jurisdiction, l therefore respectfully sug-
gest to tie legislature, lhe propuety Of providing
bv law for the continuance Of the Vice Chancery
Court for limited period only, aud Of proposing
an ainen lmeut 10 the 10Th section Of the 4th ar
licle of tue constitution, by which the legislature
shall have power to vest in the Circuit Courts full
equity jurisdiction; such an amendment Of the
constitution would Ia my opimonl be attended
with many advantages 10 the cIllzens--it would
bring equity jurisdiction within The convenient
Feaeh eli every suaor, and would relieve the State
from the salary Of the Vice Chancellor. | never
have been able TO discover the indispensable me-
cessity, OF even utilay, Of 4he establishment Of
courts Of separate Chancery jurisdiction. Il is
my opinion, based upon a full knowledge Of the
judicial business OF the State, that no injury, or
even Inconvenience, would accrue 10 the ends Of
justice. or The rights OF the people, by aboLshing
both the Vice Chancery Cost and the Superior
Court OF Chancery. IL the Superior Court Of
Chancery we're abolished, full chancery jurisdic-
ton vested in the Circuit Courts, with an appeal,
&C., to the High Court Of Errors and Appeals;
the circuits Of the State reduced from eleven to
seven, tal most,) the State would be saved the
salary Of six OF the thirteen judges. Justice would
be brought within the convenient reach Of every
sutton, add the ends Of public justice would be as
fully effected and as ably administered, as under
the present expensive system. This may be
considered an abrupt reduction in the numbers Of
the Judges. am. however, satisfied that The bus
siness will (if not al this lims) By the time the
object can be effected justify the measure. None
who arc concious Of The embarrassed condition Of
the Treasury Of the State and the burthensome
taxes imposed on the people, will deny that such
a reduction is demanded by The tax payers.
believe that public functionaries, al least Of the
Judicial department Of the government, should
have constant employment and that they should
receive full and adequate compensation for their
time, talents, requirements aud labor.
The late revenue act will require your immedi-
ale consideration. Its provisions are materially
detective and operate rather 10 defeat than to or
feet the collection Of the revenue. The OH sec.
tan Of this act provides "lhal the boards Of police
Of The several counties SHALL at specified times
appoint one honest, discreet citizen Of their couR
", being free holder and house holder. to deter
/ mine the quality Of all lands in their Tespectv,
| counties, Sc" The boards Of police Of severa
:, counties have decided that this provision is il
conflict with The goth section Of the Isl article o
the constitution; in consequences Of such decision
(Which Is probably correctly such boards of pc
lice have refused to appoint any person 10 classf
The lands Of such counties, the several member
Of such boards have also refused to perform tn
duties Of commissioner within their respective 20
lice districts. In some Few counties, as hav
learned, the members Of lbe boards Of police l.
avoid the performance Of this duty, have resigne
iheir Office. Under this stale Of affairs, Cher
being no power either in the executive, or in an
officer other than Ibe board Of police 10 appoin
such commissioner the lands 10 such eounie
have noi been classified, and consequently no Ian
tax has been collected therein.
The provisions Of the revenue law which re
quires ~lhat lands shall be advertised in a ns,rs
papsr when The taxes are not paid" has preail