The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-05-26
HOUSE.
PETITIONS.

FEAAlIONS
BY Mr.. Roane, of Pike--Of citizens OF
Marion county, praying for the creation OF
Il new county.
By Mr.. Boulden-Of citizens of Marshall
county, protesting against taking any por-
ton OF said county for the creation of new
county.
By Mr.. Roane, of Pike-Of citizens OF
Pike county, praying for the creation OF a
new county.
By same--Of citizens of Amite county
praying for annexation of a portion OF
Amite county to Pike county.
By Mr.. Sessions-Of G. n. Waterbury,
praying for relief.
MESSAGE FROM THE GOVERNOR.
The following message from His Excel
lency, the Governor, was read and referred
to Committee on judiciary:
To the Senate and
House of Representatives. =
GENTLEMEN: Previously to the complete
organization of the Courts. the State will
have been subjected to an interregnum OF
justice. On receiving from your hands the
act entitled an act in relation to Circuit
Courts" | proceeded. therefore, to give it
my approval regardless for the time being
of some features in which / would have
been compelled, under circumstances less
urgent to disapprove. l make two of these
subject IF this message. in which / invite
your attention to the question of reconsid
Grafton.
Section 8, of t. Act referred to, to makes
the Clerks of the Circuit Courts the agents
for the issuing of licenses of marriage, and
1.-THE custodians of all books, records and
papers pertaining to the issuance of mar
riage licenses" This involves a change in
the former practice, which plase Ell she issu-
ance of marriage licenses and ghe keeping
of marriage records, in the haEds of the
Clerks OF the Courts of Probate. / submit
to your consideration the question, whether
mr. nnL-i par
"A change by the spirit OF the constitutional
provisions on the subject of the Courts of
Chancery.
The ChaEcery Courts are charged with all
the duties incident to questions Of 'alimony,
divorce and allotment of DOVER" And the
full jurisdiction given them by the Consti-
tuition in those cases, being, by construc-
ton, exclusive jurisdiction. their special
control over all matters entering into those
important features OF contract of marriage.
may be held to involve the intention of a
similar control over the whole subject. And
the Inconvenience of keeping the marriage
records in one court, while all questions
arising out of the facts of those records be-
long absolutely to different court, shows
that an enforcement of the principle point
ed out is sustained by plain expediency OF
practice.
section of the Act in relation to Circuit
Courts demands reconsideration on Other
ground. object to ir very earnestly when
age license to three dollars. On the Hath
page of the Revised Code, of 1857, you will
observe that, under the old order of things
the charge for issuing marriage license, ia
king bond and recording certificate, was
fixed by law at one dollar. / protest earn
estly against this increase of the fees of of
flee, and do so on the following grounds:
The fees of some civil offices of the State
amount to annual incomes vary ing from five
TO fifteen thousand dollars. The fruit of
- In,
the further fact of q half dozen applicants
tor these profitable positions in the civil
service of the State. It tends thus plainly
by producing general scramble for place.
to destroy our political morality. protest,
therefore, against an increase of this serious
evil by any addition, whatever, to the fees,
of our public officers
Under the old regime the clerks were sup
posed to have received a sufficient income
when paid for marriage license but one dol
lar. Now, however, the people who had
then been denied the power TO make con-
tracts of marriage are tributary to that
source of income of officers; and ia the full
ness of their rights as men and women,
make the basis Of that source of income
more than double. And this fact points,
therefore, TO the propriety, il we are not
ready to a0gravate the evil of large incomes
from public office, of not only not increas-
ing, but actually reducing the fee for lieen-
ses OF marriage.
Rut the increase of fee made in section 8
of the act under review runs it up 10 the
wrong of q grievOus tax upon morality -
One-f1aIf of the people of the State having
heen denied the power TO make contracts OF
marriage, have lived under circumstances
calculated TO haye brought sueh contracts
amongst them, to-day, into contempt. And
this painful defect in their moral training
constitutes one of the gravest dangers OF
their transitions from the grasp OF an iron
compulsion TO the free leading OF virtue anu
reason. l regard this heavy tax upon mar
riaue as under these circumstances blow,
not alone at the virtue of the poor whites
but at the successful organization Of the
eolored people on the basis OF free CIVIL
lied society. In behalf Of especially the
poor women of that race who are Struggling
up under the elevating influences Oh treeuom
TO the honorable condition OF wives prO-
Test against your increase OF the TAX on
marriage; and protest against it In 0enaii
Of also the young meu OF color. who are
thus tempted 70 trample upon virtue ~
having their better instincts placed under
what their humble fortunes make heavy
penalty.
recommend that the duties of issuing
marriage licenses. ard the keeping of mar
riage records be leff with the Clerks Of the
Chancery Courts and that the fee for the
issuance OF marriages licenses shall remain
as it stands Ia the Revised Code. the par
liamentiary expedite 1cY prohibiting repcals
OF laws by the Legislasnre which has enact
ed thaans lEmita your power over Ine suplect
n0inked ONT hers Cor ACKNOWLEDGEMENTS anu i
therefore, In urging them upon your atren-
fion, suggest that you pass an &C., uec.Arink
the ninth section &C che nch ABmEaueu Nn
oct In relation 70 CLruit C0urtRn approves