The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-02-01
Agricultural Lien Law.

EDITORS CLARION: Inasmueh as the Agri-
cultural Lien Law is now eliciting the atten.
ton of the Legislature, we ask the privilege
of your columns to express our views in regard
| to the controversy.
! This law, or at least that branch of it, which
| authorizes the execution of mortgages upon
| growing crops, or crops to be grown, Within
fifteen months" as provided for IN chapter 81,
! Code 1850, was recently denounced by Judge
| Campbell, OF the Supreme Bench, as a per
nici0us SYSTEM" aud in our opinion, the
! reasons demanding its repeal, are potent and
overw helming. Without celebrating the
points, will state some of these reasons, as
we have heard them urged by the sensible,
practical business men of the country.
l. The system has created, for all classes,
both solvent and insolyent, an unlimited and
fictitious credit
IL. 1t has encouraged extravaganza and
improvidenee, and rendered economy abso-
lutely impossible,
III 1t has made it impossible t, place the
business transactions of the country upon q
cash basis.
" 1t has destroyed self-confdence in the
farming community.
V. 1t has taken the laborer from under the
directions Of the landlord and placed him
under the absolute control of the merchant.
vi. 1t disparages the raising of meat and
grain. Everything is swallowed up in cotton
to satisfy the mortgage.
VII 1t has bankrupted the country, the
lahorer, the landlord and the merchant.
VIII. 1t enslaves the mortgagor He must
sell out, soul and body, TO the m0rtgagee
TX 1t is, in the hands VI the merchant, a
potential means of oppression and extortion.
See Paxton VS.. Meyer, Weis & Co., So NJ. PIP.
457462. A man had better raise FIVE bales of
cotton without mortgage, than thirty with
one.
x. Through this system the merchants are
acquiring the farming lands of the country at
grossly lHa4s.Bsts pfips, sad IasaF fsgli
lies are becoming Homeless Tie programme
is, the merchant takes mortgage on the crop
and the land sells goods at fabulous prices,
absorbs the cotton crop without satisfying the
mortgage, and then forecloses, buying the
land for song.
XI. This system is fruitful source Of
crime. One of the most common entries on
our State dockets is
The oIAfE Selling or removing mortgaged
A. B. property.
Besides all these things, the system is radi-
cally wrong in itself, and proceeds upon false
ideas of business, and the proper development
of our Agricultural interests The people will
mol be satisfied unless the Legislature takes
avaE this pernieious system. The Democratic
party now has II Ia its power, to give the peo-
pie the relief demanded a7d if il fall In this
it will be held responsible, The Legislature
cannot disregard this matter, without forfeit
ing their chances to bereiurned by the people
simple repeal of the Statute viii not be
sufficient; but prohibitoty legislation will be
necessary to prevent the execution of valid
mortgages, upon after acquired property for
this is the settled doctrine of our own Supreme
Court, and also the Supreme Court Of the Uni
ted States The Statute under discussion was
passed in the FIRST instance, to aid and simpli-
fy right already existing and recognized
the only difference is, that without the Statute
parties would have 10 60 into Court of Chan
cery. instead of a Court of law ia on foyea s,ob
contracts koRTH MfssIssIpRI.