The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-10-15
POLITIcAL
The BriscOe Blu,
~ ~ Edilors y " llisslssiippian.

TO the Editors Of The MississiPpian.
GENTLEMEN this much misrepresen
ted and much abused democratic measure
which was first brought forward ~ dem
ocrat and sustained by almost the entir.
democratic party at the extra session Ofths
/ Legislature Of Mississippi, ii 1913, owing
to lis novelty, the bitter denunciations Il hal
received, and it's own intrinsic Importance
has in the present canvass for members q
our State Legislature, monopolised most b
the public attention to the exclusion fques.
tons Of still deeper public interest. The
fact that II is denounced BY Bank officers
bank stockholders and bank attorneys, bank
trustees and assignees- and all those who
have always been bitterest in denouncing
every truly republican and salutary meas
lIre ID test Of its merits, and furnishes one
Of the most powerful arguments in its IA.
yor. A great effort is being made BY a
large portion Of the wing party, and few
mistaken and misguided democrats to de-
feat il, by denunciation and misrepresenta-
ton. and by prejudicing the minds Of tho
unsuspecting and uniformed portion Of the
people against it. Some Of these actuated
by no other motive than because they con-
slider it democratic measure, some through
Ignorance or mistaken conception Of the
law, and others through design. In my
post conscientious Judgement approving it
as an honest, just and wise measure of leg
isIation, / am DESTROYS Of lending my aid in
its defence.
The Briscoe Bill as now advocated by
the democratic party and large portion Of
the wing party, which is the bill as il ORR
ginally passed the lower house Of our leg
islature at the extra session of 1e43, and
which constitutes the first seven sections Of
the present law, Is mere remedy Or mode
Of suing, proposed 70 be prOUidsa for The
he State in its OaCn name to proceed GgaiRit
banks, other corporations and persons pre-
tending 10 haze corporate po1Cers- against
the former for violations Of charter--and
The latter or assuming corporate powers
without charters with the preventative
remedy Of al injunction to prevent them
from making away with their effects &c.
until trial for alledged violation Of char
ter &c. could be had, before court andiu-
nv with one or two other provisions Of mi
nor Importance.
The Common Law of England, the great
fountain Of our law except where repealed
by our Constitutional or Statute laws Is now
the law of Mississippi, and has been ever
since she has been Stale. See Kents
Com, 473--note (A)--2 Kents Com. 2s--
/ Smedes & Marshall's reports 1922
Smedes & Marshall report 24I-3 Smedes
e. Marshall's report 366-that part of said
common law which relates to corporations
so far as he remedy or mode of proceeding
against corporations &c. was and IS con-
cerned, was and is considered inadequate
and detective under the organization Of our
courts and affairs in this State. But the
said common law, so Ear as the obligations
of the contracts of the State and Of indiYid-
,,als with corporations &C., and the law Of
those contracts Is concerned, is fully ade-
ouate. and It is not desired or proposed by
the advocates of the BriscOe Bill to change
or alter it in the least. Nor can this latter,
the law of the obligation of such contracts,
be changed without violating the conslitu-
ton ofOur State and Of the United States.
By the common law now and at the time
of granting all the bank charters in Mis-
sissippi in force in the State, tacit or inn
piled condition is by law annexed or attach.
Cd to every charter Of corporation that if
the persons incorporated violate their char
Ter, the same becomes forfeited to the State.
By the. same common law in force in Mis-
sissippi at the time Of granting all of our
bank charters, and at the time Of making
Of an the contracts BY individuals with the
Banks, the effect and consequences OF such
Judgment Of forfeiture of the charter, would
Be. that an the real estate held BY the bank
Or other corporation would revert and be-
come forfeited to the original owners, all the
personal estate, such as negroes, specie DC.
would be forfeited to the State, and al rs
debts, those due to the corporation or Bank
Or other corporations would be totally a.,
tinQaished. And these effects and conse-
guences of judgment Of forfeiture Of
charters, applg % banks IN Mississippi
See he following authorities--2 kents
Com. 3rd, 9Th, and 9th editions, page 307,
mote Bl-Angel q Anies on corporation,
3nd edition, page CO.., and notes g, 4 and
5l--S,ale Bank vs.. State Of Lousianna,
Blackford's (Indianal r. 267-RObins e.
al " Embry, (Chaancellor Buokner)-l
Smedos a Ms Chancery n. 266, 29l and
1lr. Geo. S. Yergsfs argument in same
case-page 254 sid. Judge Ihach8r in