American citizen. [volume] (Canton, Miss.) 1864-1890, 1865-11-09
MESSAGE FROM THE GovERNoR


here with return a bill entitled an act I
provide for the transfer Of the unfinished
business Of T. q Special Court Of Equit
established by Governor Sbarhey. wit
my disapproval.
The constitutional convention that me
in August. 1895, expressly recognizes
the existence OF the Special Court o
Equity established by the Provisions
Governor. And provided that such spec
ial courts and the proceeding had therein
after the courts known to the constitu
ton and the laws Of the State are estab
lished shall not be recognized beyond thu
then unfinished aud instituted business o
the same.
The continued existence Of these spe
cial courts Of Equity is thus recognized
for the express purpose Of disposing o.
the unfinished and instituted business Of
the same, this too. after the courts known
to the constitution and laws established
and the convention having failed TO pro.
vide for the transfer Of the business oil
these courts to any other courts.
Its intention to leave the unfinished and
instituted business with the Special Courts
of Equity. cannot be mistaken and no
power known to the Constitution is au-
thorized to make or order the transfer.
The second section Of the schedule to
the constitution was passed by the Con.
%vention Of 1899. for the purpose of trans
ferring all suits Of law or equity then
pending. 1t has long since accomplished
the purpose for which il was passed and
now sleeps with the 81, 9Th and 9Th Sec
tions Of that schedule, and cannot be
made to apply after a dea.h-sleep Of ,hir-
ty-three years. 10 the unfinished and in
stituted business Of the Special Courts Of
Equity pending in 1865. Whether it was
wise or unwise to ordain or recognize
these Courts, the power Of the convention
to do so must be conceded, and | cannot
disregard their action.
Signed, BEN. G. HUMPHREYS.
Governor Of Miss ssippi.
On motion Of Mr.. Duff the Governors
message was taken up.
The question being taken on the pass,
age Of the bill over the vote Of the Gov
ernor, il was decided in the affirmative
by yeas aud nays as follows to.wit:
Yeas.-Mr. Speaker, Messrs. Acker.
Barry. Beauchamp. Boddie. Bowden.
Brown. of Kemper. Bridgers, Of ITALIA,
hatchie. Cole. Cromwell. Deasop. Duff.
Easierling. GilIstrap. Gowan. Griffin,
Gresham, Hamilton. Hanson. Hicks. Hill,
yer. Hudson. Huffman. Jones. Kendall.
Labauve. Levers. LiddelI. Luse. Lyles.
Mabry, Manning. Marable. Martin. May
son. Merrill. Medearis, Milton. Morris.
McElroy. McLaurin. Mcneil. Murray
Nye. PHILIPPE. Pounds, Powers. Reid.
Shannon. Steele. Slmrall. Thompson.
Webber. Webb. Of Ami.e. Webb. OF
Franklin, Williams-56.
Nays-Messrs. Boone. Bowen, Brown.
Of Y~allobusha. Burress. Burton, Caper-
ION, Carter, Daniel. Dotson, Graham.
Hvarn. Kennedy. Meares. Morphis. Nc.
Innis, McWborier. McRes. Murdoch.
Owen. Penny hacker. Phipps. Robertson.
Surratt, Tankersly. Wall and Walker
26.
The following action took place in the
House Of Representatives OF Monday. 9Th
instant:
Mr.. Hooker from the joint select com
mittee on freedmen, made the following
report:
Mr.. President:-The joint select com
mittee Of freedmen. whose duty II has
been to pr vide by law. under the amend
ment of the Constitution. ''for the protec-
ton of the person aud property Of the
freedmen 10 this State, and guard them
and the State against any evils that may
arise from their sudden emancipation,
have had the same under consideration
and in view of the crimes. lswlessness,
and decentralization now prevalent in most
localities throughout this State, resulting
from the effects Of war, and consequent
upon sudden emancipation.
Your committee is Of the opinion that
quiet, order and good morals a be re.
stored TO the country BY q speedy and
rigid enforcement Of the criminal laws.
The great delay 10 their execution,
through the ordinary tribunals Of this
State, has heretofore resulted 10 the &C
quital Of criminals, and the necessity Of
heavy taxation upon the people. to pay
costs incurred on account Of failures to
convict the criminal prosecutions.
To remedy these evils. your committee
would suggest that there be established
10 each and every county Of this State an
additional judicial tribunal. 10 be styled
"A County Court" with inferior criminal
and civil jurisdiction to the Circui, Courts
OF this State, and have instructed me TO
the accompanying bill. and recon
mended its passage.
Tha ILL ancomnanuinn said rennrf In