The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-10-01
From The Port Gibson Correspondent.
THE BRiSCOE BILL AGAIN.


We congratulate our neighbor of the
Herald upon his new position in relation to
the Briscue bill Lethim 60 but oae step
tariher, and say right Cd that he ID 10 favor
ef repeating the obnoxious amendments,'
and then GorOnce we will be found laboring
IN the same cause. In his last number he
stiles Two propositions. We give only the
substance:
l. That If the banks had, by the Common
law, as it existed at the time Of their char
ter, the right to issue and collect their debts,
after judgment Of forfeiture entered
against them, the legislature Cannot take
lhst right away.
2. That if the banks did not possess that
right by the law as it existed when they
were created, it is not competent or proper
for the legislature now to confer tie right
And he is in favor Of requiring the banks to
abide by the law as il stood al the time-Of
their charter.
Now This is the very ground that the ad
Vocaies Of the original Briscoe bill have al,
ways stood upon. No person now disputes
the right Of the State to file an information
IN the nn1ure OF a quo warranto against
bank that has violated its charter, and thus
take away all its franchises, and destroy its
existence. The only question is, what is
the effect Of a judgment Of forfeiture? We
believe, without pretening to be much yer.
sed 10 the law OF tho matter, that 1t works
"a destruction of the rights Of property, and
an exIinguishment OF oil the contracts OF
the bank II This idea is correct, then who
is in favor Of extending TO our worthless
concerns the special and peculiar privilege
of exemption from this legal consequence?
Not our friend Of the Herald, certainly, for
he thinks 1t cannot be done eonslltionalty,
and he is 10 favo. Of enforcing the law
And yet this isiust what the amendments
on their very face profess 10 do Let oar.
HeigilbUr turn 70 the slatafes and read the
eighth section. 1t expressly provides that,
upon judgment Of forfeiture, the debtors
s snail not be released from their debts,
&c. Il assumes that without that provision,
the debtors would be released, and il pro-
lesses torelieve the banks from that con-
sequence Of forfeiture. II undertakes to
create new rights, and then goes 90 to pro
vide for the appointment oflrustees 70 en-
force them. Now if the debtors would MI
be released by the common law, as Judge
Mayes thinks, then there is no necessity
for these provisions, and they ought to be
repealed. But If the common law does not
release the debtors, then these amendments
either do have the effect TO confer upon The
banks new rights, and 10 impose upon the
debtors new obligations or else they are
void for unconslltutionalily 10 either
point OF view, they ought to be repealed
Lei our friend Jacobs come forward then,
aud unite with us in this effort. Lei us
repeal these amendments, and leave All
parties TO be Judged by the wise and ancient
rules Of the common law. La fact, as this
subject comes to be examined and under
stoOd, now that political excitement has
subsidized, it is found that there is little, il
any, difference between the Democrats aud
The sensible and disinlerested wings on this
subject. The bank leaders and managers
have heretofore had the adrOItness 10 sad
die the whole system upon the wing party,
anu 10 tuFhb u Stuuu ePDuSoA ASA as Ah@H
abuses and misconduct. They raised q
loud cry about fraud, dishonesty cOruapl
molives-aud thus diverted attention from
themselves and prevented men from calmly
examining The merits Of the questions st
issue. Bot that day has gone by The
wings begin to see how they have been
used, and ridden to death, and ruined, By
the bank party, With whom many Of them
nave never bad any sympathy, end dispo.
sillon Is now manifested 10 cut loose IRON
this disastrous connection. We hope that
ia relation to particular measure, the
Herald will 90 further, and unite with the
many Distinguished names Of bis own par
" WIN have come out iearlessly 10 support
of what they believe sound principle and
tree policy alike require he repeal Of ne
amendments Of tie 'BriseOe BIZ.
CAN'T BE possible I'VE frankly cd.
nit that sugar Is somewhat higher because
Of he tarif-a circumstance redounding %
the advantage not merely Of the sugar plan