The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-07-27

or assignees Of such Bank and banking companies (as
the case may require) from interference with The e.
iecis Of such Banks aud banking companies until de-
cisuns Of the courts 90 the wriis Of Quo Warranio
shall be obtained Where a corporation is BUSTED Of
lie franchise By the judgment Of a court Of compe-
tent jurisdiction not only the corporation but also ils
effects and liabilities thereby become extinct and no
power exists thereafter TO collect is effects on 70 pay
rs debts unless provision Is made by law before the
franchise Is vacated for a revival OK continuance Of
the same.
As the forfeiture Of an incorporation may be waved
o. revived By lhe legislature IN whole part recon-
mend that provision shall be made BY law that the in
corporation Of the Planters Bank and Mississippi
Rail Road Company shal Be revived iof the purpose Of
liquidation only and IN favour only Of the State or some
officer or Commissioner 10 be appointed b. and amen
able 10 the State 10 adjust The rights Of the parties IN
ereated 10 such Incorporation By this course Of pro-
ceedng the rights Of al win be respected and justice
VIII be effected, otherwise il will not-Wilhoul such
a revival ofthe Planters Bank and Mississippi Rail
Road Company the State would lose IT'S interest with
those institutions.
From several interviews which I have bad with
James Elliott, the President Of the Mississippi Union
Bank the subject Of sunenderng to the stare the
Bonds amounting 10 IS 100000 executed for and on
accoun, Of the individual stockholders Of he Union
Bank, hattered myself that said Bonds would be
rendered up 10 the State BY consent Of said Bank On
the l4th day Of June last addressed letter to James
Elliott, ESQ., President Of said Bank requesting final
determination Of the subject Of surrendering up said
bonds. He replied on the 18th Of June last declining
10 surrender sad Bonds to the State until protected
in 90 dong By the Judgment Of court Of competent
Jurisdiction. Under The expectation that these bonds
would be surrendered to the State delayed to issue
the proclamation as provided for by the resolution Of
the Legislature 0f last session on that subject
I nd hall a
the ans by which the State may enforce the sur
render and cancellation BY judgment Of a court Of
competent jurisdiction Of said bonds in the pos
session Of said lanes Elliott, the President Of said
Union Bank and providing that the said James Elliott
the Directors and assgnees Of said Bank may be re-
strained from negotiating or otherwise using said
bonds. The correspondence between myself and Mr..
Elliott is herewith submitted.
The.commssioners required by the 80 section Of
the act accepting certain provisions Of tho act Of Con
gess Of September 4th ls4l to be appointed by the
executive, were appontedlduHng the summer Of the
past year. They commenced the discharge Of the du-
lies assigned them by the law as early as the health
situation and condition Of the region Of country in
which their labours were required to performed would
reasonably Justify. The duties Of the commissioners
require great abour and subject them to many pri-
yations.
The last clause ofthe Bird section of the act is con.
!
the commissioners Of each and every tract oland by
them located This and the peculiar situation OF the
country IN which the lands required to be nspec-
ted caused The business Of the commissioners te pro-
gress very slowly
l suggest to you the proPuety Of so amending the
law to make the inspection Of any tract Of land by
any one Of the commissioners sufficient for its location
by all and also whether It would not be prudent TO
thorize the appointment Of an additional number OF
commissioners to assist in the inspection and location
Of the land contemplated by the act 10 be located so
that the business may be discharged more expedous'
" than the same be done under the present law.
Should the report Of these commissioners be furnished
me during the present session Gas l expect) copy
thereof VIII be transmitted to the legislature
Under the provisions Of the act Of Congress entitled
ian act to amend an act entitled an act to carry into
effect in the States ofAabama and Missislppithe ex-
sng compacts with those States, with regard 70 the
i've percent fund and the school reservations approx
ed June 9th 1912 Iappoined three commissioners to
inspect select aud locate for the State the lands
tomplaed BY this act and the act 10 which It is an
amendment
| The act Of Congress makes no provision for COM
pcnsation for The inspection ard location OF these lands
No compensation whatever has been received BY the
Commissioners appointed by me to discharge this duty
recommend that provision should be made by law to
compensate these commissioners for their services al
ready performed and for isuoh as they may hereafter
perform. suggest that they shall receive for then
services per day the same compensation allowed BY
law to the other commissioners and pay the two asss
tans whose salaries shall not exceed twenty dol
lars per month.
! he act ofCongress provides that the lands com
tempated shall be selected under the direction ohh'
Governor Of this State. Without any authority con
ferred upon me BY the laws Of this Slate took the re
sponsibiity TO appoint such commissioners to locate
said lands believing that the interest Of the Stat,
would be advanced therby, I adopted as nearly as
could the plan prescribed by the Legislature in rea
ton TO the inspection and location Of the five hundre,
thousand acres Of land by appointing three commits
sioners and by permitting such commissioners to EN-
ploy two assistants.
Il is probably more Just that the salaries Of thes
commissioners and the expenses Of locating thes
lands should be paid by the United States than by th
State. In justice however as think this State
bound at this time to compensate these commissioner
for their labor.
have called your attention to such subjects only
! as in my opinion demand immediate legislation eav
ing to your better judgment, the proproty of actin
upon any other matters Of public interest your pres
r ent session.
e T.. NJ. TUCKER.
8