The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-01-14
SENATE.
THIRD DAY.


THURSDAY, Jan. 8th.
Senate met pursuant to adjournment. 1t.
Governor Sims in the chair.
All the members present, except Messrs
Cowan, Perkins and Singleton.
Mr.. Reynolds asked leave of absence from
day to day for Mr.. Cowan.
Mr.. King introduced Hon. q, w. Gayles,
Senator elect from the 18th District, who APP
peared at the bar of the Senate and took the
prescribed oath.
Mr.. Bills offered the following which was
adopted
Resolved, That the clergy of the city be re-
queSted to open the morning sessions of the
Senate, with prayer.
4 communication from Hon. j. A. P. Camp
bell, reIatixe to the Revised Code, was receiv-
ed and read, as follows:
Gentlemen of Senate and House of Represen-
tatives-
l have performed the work assigned me by
the act entitled q An Act to revise and codify
the laws of the State of Mississippi" approx
ed February n, 1873; and having only one
draft of the Code, as prepared, haye placed it
in the hands Of the Governor, for submission
to you, for your action upon 1t.
have taken the basis of nay action The
existing statutes, and have presented them for
the most part, making only such changes as
experience has suggested to be necessary, ard
adding such new provisions as appear to be
required to complete the statutes and make
them a harmonious and efficient body of laws
plainly expressed conveniently arranged and
easily to be understood by those for whom
they are designed as rules of action. Many
of our statutes have existed, in the language
in which they are nos, since 1872 and some
Of them since long prior to that. Much of the
Code of 1857 was transferred from the Code of
1872, and, in turn, was copied into that of 1871,
While there has been growth, by addition to
the statutes, in successive years, there have
been preserved, unchanged for more than fifty
years, the most important provisions affecting
the affairs of the living, and the administra-
tioH Of the estates of the dead. Amid revolu-
tons and changes of tie Constitution the
statutes have remained unchanged. Gener-
ally, suited to any Constitution likely to be
accepted by the people, change of
the Constitution requires no change
in the great body of the statutes. Secession
required only the substitution of "Confeder-
ate for United" before States, and the
statutes harmonized with the new conditions.
The Constitution of 1869 "a faithful copy of
that of 1882 with few changes, and a few adj
ditions) necessitated little other change in
the statutes it found in force, than to make the
Probate Court Law part of the Chancery
Court Law. The Code of 1871, under the Con-
stitutiOn of 1869, retained nearly all of the
articles of the Code of 1857, and the very few
omitted, except the chapter on slaves, free ne
groes aud mdlattoes, were probably left out
by inadERrfence Of the twenty nine hpn-
divided, about twenty-siX hundred were
copied from the Code of 1857.
The fidelity of the copy to the original is
not apparent to the casual observer only be-
cause the excellence of the Code of 1857, is
obscured by the arrangement and confusion
of that of 1871.
Imbued with the spirit of conservatism,
apparent in the history of legislation in this
State firmly convinced of the error of sud
den and violent changes in the laws generally
understood and acquiesced in; believing that
rule. not the wisest and best, but which
is understood and accepted, is more desirable
than better one, not demanded by the popu-
lar will, and appraised that through success
sive generations little change has been
demanded made in the statutes familiar to
the great body of the people, and affecting
their every day life, / have faithfully pre-
served the main body Of these statutes, which
have proved their excellence by long tolera-
ton by those who could have changed but
chose to p eserve them, and have endeavored
to perfect the system by judicious pruning
and careful grating, guarding against
spirit of change. and never changing, except
cautiously, and thereby surely to improve.
! have had in view judicial interpretation
have added to my own, the experience of all
who allowed me to lay theirs under oontribu-
ton; have labored earnestly and unremitting-
ly for almost two years, and now present
embodiment of my effort to accomplish
will of the Legislature, and promote the inter-
est of the State.
My effort has been to perfect what we have,
rather that to try something new and I'M
tried. l deem II unnecessary to attempt to in
dictate, in detail, in this communication, the
several changes have made in existing laws.
as they must be examined in order to he APP
preoiated. ! think it will be found thai
have omitted only what is useless or injurious,
and have added no more than Is necessary TO
meet the suggestions of experience in the
practical operation of the statutes.
l have introduced changes which will
lead to great saving of money in the conduct
both of public and private matters; have call
ed to my aid the bench and bar of the State in
my effort to improve the machinery for the
sertion of rights and the redress of wrongs
trough the COURTS, have endeayered 10 pro-
vide for increased efficiency of the laws for
the prevention and punishment of crimes
have had in view the great agricultural inter-
est of the country, and tried to promote it BY
ing landowners and laborers and hope
that by the ald afforded me, have succeeded
in so improving the statutes of the State as TO
make them acceptable to the intelligent and
worthy of the people on whom they are to OPP
crate.
have added many forms, az presidents I'M
der the statutes, which will enable inexperi-
ensed officers 10 perform their duties more eff
6ciently, and the masses of the people to ems
force their rights, in many Instances without
professional assistance.
l have not embraced in my revision the
laws on the subject Of Swamp Lanis," be-
cause they are too nearly local to find place
in Code, and have not been included in for
mer reviai0ns OF the statutes.
have included the chapter on the Pen:ten-
tiary, rs found in the Code Of 1875, with few
alterations. f. leasing the Penilentiary is
be suspended, or ii cad3 be omitted. If there
shall be retuEm tn the f0rmaF made OF dealing
with the Penitentiery, this chapter ID aiapf-
ed 80 the purpose.
! pressal he Rnblie School law e. the last
Legislature. With feB changes. and hose
shieay qggeeAsd ~ ne superintendent q