The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-08-13
THE BRISCOE BILL.

TO the investigation Of truth, take the lib
erty Of addressing you on a subject Of dee
public COnceFnment. Since the Uniol
Bank Bond question has been settled, Their,
has been no public measure 90 litlle under
4 stoOd, sVmurh'misopresented, or so bitter
y Denounced, as the original Briscoe Bill
as presented to The legislature by its distin'
guished author. An attempt has beer
made TO loreslaII sober judgment by de-
nounciDg the measure as "dishoDett" anC
), corrup."-as AN odious and detestable
scheme;' as "immoraI in its tendency
and the avowed object Of it dishones''-
and have been grieved to fad that, in a
late editorial, you hive adopted this unhap'
py mode Of eLlighlening your readers ]
object to the plan Of argument, FIRST, be-
cause il proves nothing; and secondly, be-
cause there are in the community weak
minded men who, rather than have dishon.
essy imputed to them however unjustIy,
will profess TO entertain opinions which
heir better judgment does not sanction.-
Upon right minded men, who form their
opinions on The facts Of the case, and dare
'vow them, it's only. effect is to disgust.
The seven first sections Of the act may
be regarded as the original bill, and you
will confer public favor by publishing
Them 10 your paper. They are wholly
remedial 10 character, affecting the rights
neither Of the stockholders creditors or
debtors. They impose no penalties, and
grant no immunitles-except the fifth sec.
ion, which exempts the vicksburg aud
West FeIicians rail roads from the opera.
ton Of the act. The act, thus far, is all
most entirely declaFatory Of The commou
law remedy for the revocation Of forfeited
franchises, as in force ia the STATE Of Mise
sissippi, at the time the banks were chars
tered, and leaves the ultimate rights OF
parties, Interested in the banks, TO be de-
tetmined by the common law. The oRly
important remedial change, thus far, isI
found in the SIKH section, which provides
that, "upon information being fled" it
shall be the duty Of the clerk to issue az
injunction, which shall con inue until " the
information be finally tried and determin-
ed" When this law was before the High
Court Of Errors and Appeals, at the JAN
uary term, l945, Judge Sharkey held this
clause to be unconstitutional, inasmuch as
It conferred judicial power on the clerk,
and denied T. the court the right to dissolve
it, until the quo warranto was finally deler-
mined. Judge Clayton concurred with
The Chief Justice on the latter ground; but
all the Judges concured in opinion that
The injunction was expedient, polite and
Just. The consttuiiOnaIiiy Of The let, Cd,
3D., 9TH and 9th sections, (being the materi
Al parts Ofthe original billy was necessarily
InAolved ia the decision Of tho causes then
before the court, and was unanimously
affirmed, with the exception above stated.
Tue unconstitutionnIity Of these sections,
is net, 10 coy wise, dependent upon the
subsequent sections. These are deciar
aiOry Of a remedy for present acanowl-
edged righis; the subsequent sections (be.
ng he amendneDf revive and assert Tor
-eiled rights, and are thus widely distin-
guished from The remedial character Of The
,riginal bill. That Ihe amendment stands
he adiudicaled law Of The land" is great
mistake made by a distinguished democrat,
o whose letter you ealI public attention.
These sections (he 9Th oh, 10Th and
.Iih,) we're no, before The court Tor adju
Iiealiun, they were not involved 10 the
auses on trial; and any opinion which the
curt might have delivered upon them,
,Ould have been not only exlFa-Ofheial,
ut highly rsprehsnsible. Judges Clayton
I'D Thslcher casually adssrt to the Prov
ions for the collection and distribution Of /
be sfseis Of the backs, end 10 ihe eoocla-
100 Of bic opinio4s, lodge Thaehsf re- :
marks, 10 general terms, that he statute 10 !