Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1845-10-29
DoIttfraI.
THE BRISCOE BILL.

To THE EDIToRs OF THE MIssIssIPPIAN
Gentlemen: This much misrepresented
and much abused democratic measure,
which was first brought forward by de-
mocrat, and sustained by almost the entire
democratic party, at the extra session of
the Legislature of Mississippi, in 1913,
owing to its novelty, the bitter denuncia-
tons it has received, and its own intrinsic
importance, has, in the present canvass for
members of our State Legislature, mono
polized most of the public attention to the
exclusion of questions of still deeper pub
lie interest. The very fact that it is de-
nounced by bank officers, bank stockhold-
ers and bank attorneys, bank trustees and
assignees, and all those who have always
been bitterest in denouncing every truly
republican and salutary measure, is test
of its merits, and furnishes one of the
most powerful arguments in its favor,
A great effort is being made by large
portion of the wing party, and few mis-
taken and misguided democrats, TO defeat
it, by denouncing and misrepresenting it,
and preiudicing the minds Of the unsus-
pecting and uninformed portion of the
people against it. Some of these, actua-
ted by no other motive than because they
conceive it q democratic measure some
through ignorance, or a mistaken concep-
ton Of the law, and others through design
In nv most conscientious Judgment, appro.
wing it, as an honest, just and wise mea-
sure of legislation, | have felt DESTROYS of
lending my aid in IFS defence.
The Briscoe bill, as now advocated by
the democratic party, and large por-
ton of the whig party, which is the bill
as it originally passed the lower House of
our 1egtslature, at the extra session of '43
and which constitutes the first seven
sections of the present LAWS a mere re-
nledy, or mode of suing, proposed to be
provided for the State in its orn name TO
proceed against Banks, other corporations
and persons pretending to haze corporate
poUerS; against the former for violations
of charters, and the latter for assuming
corporate powers without charter, with
the preventive remedy Of an injunction
to prevent them from making away with
their effects, &C., until trial for alledged
violation of charter, &c. could be had be-
fore court and jury, with one or two
other provisions of minor Importance.
The common law of England, the grea
fountain of our law, except where repeal
ed by our constitutional or statute laws, i
now the law of Mississippi, and has beer
ever since she has been a State. See
Kent's Com. 473, note (a)-2 Kent's Com
26--2 Smedes & Marshall's Rep. 24l-:
SIN. & Mar. Rep. 800.
The part of said common law whicI
relates to corporations, so far as The rene
dy, or mode Of proceeding against corpo
rations, &c. was and is concerned, wa
and is considered inadequate and defectiV
under the organization of our courts an
officers in this State. But the said com
mon law, so far as the obligation Of III
contracts of the State and Individuals 'Uat
corporations, &c, and the laso of the con
tracts, is concerned, Is fully adequate, an
it's not desired or proposed By the adUC
Gates of the BriScoc bill to change ii o
alter IL In the least. Nor can this latter
the law Of the obligation OF such contract
be changed without violating the Cor
stitution Of our State, and of the Unite
States.
BY the common law now, and at tn
time of granting all the bank charters i
Mississippi, in force in the State, tacit q
implied condition is by law annexed or a
tached to every charter of corporation
that if the persons Incorporated yiolat
their charter, The same becomes foTleiie
to the State. Bv the same common la,
in force in Mississippi at the time Of ih
granting of all our bank charters, and q
the time Of the making of all the contract
by individuals with the banks, the effec
and consequences of such Judgment {
forfeiture of the charter, would be. ahs
all the real estate held by the bank q
other corporation, would revert and be
come forfeited TO the original owners
all its personal estate such as negroes sPe