The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-18
THE LIEN LAW.
osxKA. November lst. 1856.

between the merchant and landlord
The landlords lien for rent and sup
plies furnished his tenants is paramount
de has, right there, to begin with, a
decided advantage over the merchant
1t is true the tenant has lien also or
/ the crop his labor has helped to produce
for what is due him; though in nine
cases out of len this is all be owns
| liable for his debts, after the landlord:
| liens are satisfied. Meanwhile the tenant
and his family must live. He is neces
sarily dependent either upon his land
lord or some merchant for supplies
And right here competition begins
very often between the merchant and
| landlord as to who shall furnish the
tenant So the Legislature, in order to
| give the poor farmer and tenant a
chance to get credit where they liked,
and TO place merchants and landlords Oh
a more equal footing in this matter,
passed the growing crop lien law, which
gives substantially TO every person the
right to execute a deed in trust or mort
| gage to a merchant Tor other person. on
a growing crop, or crop to be grown
| in fifteen months. to secure such mer-
chant (or other person. for the supplies
advanced. 1t will be noted. however,
that this law, though ostensibly in the
merchants favor, gives him no advan-
tage over the landlord. The latter may
have a store and big smoke-house and
corn-r rib on his plantation, (and many
of them have out of which he can issue
both dry goods and provisions to his
helpless tenant, and charge him as big a
profit on the same as he likes. And for
all such supplies furnished the landlord
has a first lien on the tenants crop, or
share in a crop, in addition to his (the
| landlord y lien for rent, But suppose
the tenant prefers to go to town, where
there is competition, and finds mer-
chant who will sell him supplies cheaper
he certainly should be allowed the
privilege. Suppose he finds the mer
chant he thinks he can trust and who
will sell reasonably cheap on time, and
| the merchant demands security? Then
| it is the benefcent lien law comes to
the poor mans relief. He gives the
merchant, under the provisions OF this
| law, deed in trust probably upon a
crop, not a single seed of which has
been planted, for the supplies advanced.
| But in many cases it turns out very
| lame or worthless security, for the rea-
son that the landlords liens, first and
paramount, come into play a little
further on and attach to all, or nearly
all, the tenant made. Can any thing
| be palmer. therefore, that the land
lords of Mississippi have every ad-
vantage over the merchants under the
existing agricultural lien laws? Has
! the merchant no rights the landlord is
bound to respect? Is the merchant not
entitled to some protection? Must he
have no security and the landlord all?
| But we are met at this point with the
argument that the growing-crop lien
law ought to be repealed, because 1t
gives the merchant a chance, (Which he
too often takes advantage of to make
large and exorbitant profits out of the
| poor tenant or farmer, whose credit
| happens to be worthless unless based on
something more tangible than honor
and fair promises. This argument is
predicated no doubt upon too much
| truth. Some merchants, to their shame
i be it said, take such advantages of the
| helpless, and in many cases ignorant,
| farmer or tenant. They take advantage,
| too, as has been charged, of landlords
and solvent farmers, by making them
pay for what is lost on the insolvent.
These are crying evils, growing doubtless
directly out of this secured credit sys-
TEN. But how are they to be rem edied,
is the all-absorbing questioning one
leading question at issue? The landlords
say by a repeal of the growing crop
lien law; (but not by repeal of the
landlords lien law, mark YOU'D That
must stand, it is conceded on all sides
and the abuses growing out of 1t, II any,
kept in the background. That law is
perfect, liable to no abuses, and abso
lutely necessary for the protection and
stability of the owners of the soil. But
the poor farmer and tenant, who stand
most in need of credit, who often own
no land, and pecious little personal prop
erty. are not to be allowed credit even
on the fruits of their toll, the only
thing they can offer. VIII any sane
man contend that they can get along
| without credit, and not suffer what Is
worse, or be forced to emigrate?
deal in this argument with four classe;
merchants, landlords, poor farmers
and tenants. VIII these poor farmers
and tenants stop buying on credit
if the growing crop lien law is repealed
This is to be the result of it, the repeal
ers contend. Convince me that it would
and my whole argument falls to tn,
ground. The mere assertion that suci
a glorious result would follow, slmpl.
because the repealers want it to follow
amounts to nothing, unless supported b,
facts. One thing is certain-to attempt
to get along without secured credits
would be purely experimental, some
thing never attempted since the wal
for the very good reason that we wer
not prepared to meet the change. An
! the question arises, are we prepared {
meet it now? A large faction of tn
repeal party, it seems, think not, iron
the fact that they want repeal t
, go into effect at some specified futur
time. But has it not occurred to ther
that when such time comes, there wi
then be no urgent necessity for repeal
The scheme is unstatesmanlike and IN
practicable. Where is the man Dol
enough and wise enough to set safe an
i time for it? The next Legislator
ought not TO be engaged at cost OF Sc
/ eral thousand dollars day to the pc,
pie, in the discussion of such irivlioi
: measures. Let US rather 'sbear tho
ills we have, than fly to others we kno
not of.
y We have no other standard but I'll
past by which to Judge the futur
Mississippi is an agricultural Stat
a The poorer class of farmers, far
d laborers and tenants, white and blac
n constitute the bulk of her populatio
,e But little over twenty years ago Oh
d of the most destructive wars perhal
D, that was ever waged, freed the negroe
,r burnt UP our dwellings, stores, ,gin-hous
te and fences. and drove off and killed ol
ie stock, 10 say nothing of the awful era
Is carpet bag rule, which succeeded, al
/. that proved so paralyzing to indust
). and energy. The battle with life su
ceeded the battle with death and frau
,e It WAS renewed principally by our me
Id chants upon borrowed capital, or goo
ia bourht on credit The farmers
I'd turn bought from the merchats on tim
as Thus a credit system was necessari
in established in Mississippi, which b
q been kept up to the present hour aft
en- undergoing one very significant chang
e. Merchants, It will be admitted, do n
trust Unfortunately now, as they
.y directly after the war. Then there W
"a 4 feeling Of mutual trust and sympatt
of . relic Of better days, intensified by t
sufferings and privafions endured In
on common cause. That feeling Of cor
he deuce, however, was soon des -royed, v
us ID i not necessary to discuss; but Il
lit has has been supplanted ny health
!. and more cautious dealing, all must cs
en- 4 cede. Convince me, then, that
necessities upon which this secuI
credit system under the lien law is bas
:. are now removed, so far as the ps
= = farmers and tenants in this State ,
u ,s.,nTernedL and again my argum<