USA > Mississippi > A history of Mississippi : from the discovery of the great river > Part 23
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"This, of course, caused retaliation, and a general war ensued. The Chocchumas had once lived low down on the Yazoo river, were in alliance with the Natchez, and had immigrated to the Tallahatchie valley about the time the Choctaws arrived from the west. Each regarded the oth- · ers as intruders. The Chocchumas were a warlike race, and had been greatly reduced by war. They were finally exterminated by the allied Chickasaws and Choctaws. This last battle was fought six miles west of Belle Fon- taine, on the old Grenada road, on the land now owned by C. M. Roberts. Chulahoma, (Red Fox), their most renowned warrior, resided there with his followers. He was attacked in his village, and all but a few women and children were slain. In 1830, an old half-breed, Coleman Cole, resided there, and claimed to be the sole surviving warrior of the Chocchuma tribe. The decisive battle occurred at Lyon's Bluff, on the south side of Line Creek, eight miles north- east of Starkville. This Bluff was the site of a cemetery of the mound builders. Here the Chocchuma warriors, with many of their wives and children were posted, and here they were besieged by the Choctaws on the south and in front, while the Chickasaws were in position on the north side of the creek, so there was no outlet for retreat. The siege was one protracted fight until the last of the Choc-
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chuma warriors fell, and then the women fought until the most of them had perished.
"At the conclusion of this war the victorious tribes re- established their boundaries. Line Creek was afterwards known by the Chickasaws as Nusic-heah, "you asleep," because on one occasion the Choctaws attacked them there when unprepared or asleep."
These mighty tribes, the original occupants and owners of the wide domain of Mississippi, have long since passed away from the land of their homes. The worshippers of the sun, the fierce and warlike Natchez, have faded from the face of the earth, and are entirely extinct. The pow- erful Choctaw and Chickasaw nations have crossed the great Father of Waters, and found homes and hunting grounds nearer the setting sun. A remnant only of the famous Choctaw Nation, memorable for their friendship and inflexible fidelity to the white race, are dwellers on the vast domain their fathers ruled with kingly power. A few hundred harmless Choctaws, the owners of small farms, upon which they pay taxes, are all that is left in Mississippi to remind one of the once powerful Choctaw Nation, whose warriors were led to battle and to victory by their great Chief, Pushmataha, and always on the side of the white race, their friends and neighbors.
CHAPTER XII.
MISSISSIPPPI AS A STATE -- 1817 TO 1883.
THE ADMINISTRATION OF GOVERNOR HOLMES.
A S the first Executive, elected by the people, Governor David Holmes, in conjunction with other officials of the State, proceeded in a business and orderly way, during the first year of his term, in putting into operation the machinery of the State government in conformity with the provisions of the Constitution. His long experience and successful career in public life enabled him to organize the several departments of the State and county govern- ments without causing the least friction, and it may be truthfully alleged that at the end of his gubernatorial term of two years, he enjoyed the respect and confidence of all the people whom he had so long and faithfully served. He was succeeded in 1819 by the election of Hon. George Poindexter.
THE ADMINISTRATION OF GOVERNOR POINDEXTER.
GEORGE POINDEXTER, born in Louisa county, in the State of Virginia, in the year 1779, and the youngest son of a Baptist clergyman of that county, was the second Governor of the commonwealth of Mississippi ; and it may be safely declared that since the hour he was installed in the execu- tive office, down to the present day, he has had no superior in that position. He was recognized in Mississippi, as in the National Capitol, as an intellectual giant. As an ora- tor he was eloquent and powerful. As a statesman he
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possessed broad, comprehensive and catholic views, not only on questions of national concern, but on all questions of international law he was equally sound. As a jurist he was learned and profound. As a Senator he stood shoulder to shoulder with the master intellects of that body, at a time when Henry Clay, Daniel Webster, John C. Calhoun and George McDuffie, were his compeers in the Senatorial arena. It may be said with entire truth that George Poindexter was ranked among the ablest and most eloquent Senators then in the public service.
Mr. Poindexter arrived at Natchez late in December, in the year 1802, and soon succeeded in acquiring a good practice in his profession. It did not require a long time for him to impress upon everyone with whom he came in contact, the idea that in intellectual vigor he was a very superior man, and destined to become distinguished in the home of his adoption. In less than four months after his arrival at Natchez, Governor Claiborne appointed him Attorney-General of the Mississippi Territory.
Having been elected the first representative in Congress in 1817, two years later, in 1819, Poindexter was elected Gov- ernor, and during his term, at the request of the legisla- ture, he revised and codified the laws of the State, and what is still known as "Poindexter's Code" remains to-day as one of the best, if not the very best that has yet been produced in the State.
In the year 1830, George Poindexter was elected by the legislature to succeed Robert H. Adams, deceased, in the Senate of the United States, where he served for five years. In 1835 Mr. Poindexter became a candidate for re-election, but was defeated by Robert J. Walker.
This defeat was the close of his political career, and he died in the capital of the State September 5, 1855, and after a long and stormy life he sleeps peacefully in the cemetery at Jackson.
THE ADMINISTRATION OF GOVERNOR LEAKE.
WALTER LEAKE, a native of Albermarle county, Vir- ginia, was the third Governor of Mississippi, and was
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elected Governor in the summer of 1821, and was re-elected to the same position in 1823.
He came to the Territory at an early day bearing a com- mission from the President of the United States as one of the judges in the Territory of Mississippi. He established his home in Claiborne county, where he so commended himself to the people of that county, that, when Congress had authorized the assembling of a convention to frame a constitution under which the Territory could enter the Union as a State, he was chosen one of the delegates froni that county.
As a judge he was able, learned, upright, impartial and courteous. No one ever questioned his thorough integrity. the purity of his life in official position, or in private per- sonal intercourse with the people. In the Convention he was firm, prudent and patriotic-always zealous in pro- moting the interests of the people, and carefully protecting their rights. He so impressed his integrity, ability and courage on the bench and in the Convention, that he was chosen by the first Legislature that ever assembled in the State as one of the United States Senators. He served in that body until the 4th of March, 1821, when he resigned to become a candidate for Governor. He served with so much acceptability, during the two years of his first term, that the people re-elected him for a second term, which closed with the year 1825. Governor Leake, however, had been for several years in failing health, and on the 17th day of November, 1825, he died at the village of Clinton, (then called Mount Salus), in the county of Hinds, about ten miles from the capital.
Walter Leake was an unquestioned patriot, and an hon- orable, educated gentleman ; and while there was nothing of great and striking interest or importance during his ad- ministration of nearly four years, he labored assiduously, and co-operated zealously with the legislators of those days, to advance the prosperity of the State and the happi- ness of its people. In his life he builded his own best mon- · ument-the only monument that man can crave-a lasting memorial in the hearts of his countrymen of patriotic devotion to all public and private duties, and those duties well and faithfully performed.
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Governor Leake left several children, and his descend- ants, in the persons of his grand and great grand-children. are to be found to-day in more than one county in the State, all respected and honorable citizens. His name has been perpetuated by the Legislature, and it is borne to- day by one of the counties of the State.
When Governor Leake passed from this world his duties were devolved upon Lieutenant-Governor Gerard C. Bran- don, who performed all the functions of chief magistrate until the successor of Governor Leake was qualified and entered upon the discharge of his duties.
At the first election of Governor Leake, in 1821, Dr. David Dickson was chosen Lieutenant-Governor, and when he was re-elected in 1823. Gerard C. Brandon was elected for the position held by Dr. Dickson for the two previous years.
THE ADMINISTRATION OF GOVERNOR BRANDON.
GERARD C. BRANDON, a native of Mississippi as a Ter- ritory, and born in Adams county, was the fifth Governor of the young and growing State, of which his father, Mr. Gerard Brandon, was one of the conspicuous and promi- nent pioneers. His father took a leading part in the affairs of the province while yet an appanage of the English and of the Spanish crowns, and when Spain ceded the Territory to the United States he became immediately a prominent and leading citizen in all affairs engaging public attention -sharing with the ablest and most conspicuous gentle- men in the country in the important duty of caring for the interests of the people of the infant Territory, and in shap- ing and giving direction to the best public sentiment of the day. We frequently hear of Mr. Gerard Brandon as com- manding a company of his friends and neighbors, either to protect the women and the children from their merciless Indian foes, or to punish and repel Spanish encroachments upon our frontiers.
His son, Gerard C. Brandon, inherited in large measure his soldierly instincts, and he is heard of when quite a
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young man as commanding a military company composed of the best blood of the infant community in which for- tune had cast his destiny, and marching promptly to the frontier to meet the hostile red savages, and avenge the slaughter of their countrymen and countrywomen.
Young Brandon achieved great popularity in his county- Wilkinson, formed out of the original territory of Adams- and when Congress authorized the assembling of a consti- tutional convention, Mr Brandon became one of the five chosen delegates from Wilkinson county, three of whom were destined to become Governors of the State. In that body Mr. Brandon took a conspicuous and leading part, and was vigilant and earnest in protecting the rights and privileges of the people under the organic law then being formulated.
Gerard C. Brandon occupies a very unique position in the history of Mississippi. He was the Lieutenant-Gov- ernor during the chief magistracy of two Governors, (Leake and Holmes, and during the second term of each,) and it is a remarkable coincidence that the official duties and func- tions of both Governors were devolved upon him. Walter Leake died some six weeks before the expiration of his official term, when it became necessary for Mr. Brandon to assume the duties of the executive, and in pursuance of that duty he transmitted, as the Governor ex officio, the annual message to the legislature, in January, 1826. Later, David Holmes was installed as Governor, and in the fall of that year he resigned, in consequence of ill-health, Lieutenant-Governor Brandon assuming once more the duties of the executive. In January, 1827, he again deliv- ered the annual message to both branches of the legisla- ture, and continued to perform the duties of the execu- tive until the expiration of the official term of Governor Holmes.
In the summer of 1827, Gerard C. Brandon was chosen Governor, with Abram M. Scott as Lieutenant Governor, and in 1829 both were re-elected for the second time.
The second term of Governor Brandon, covering the years 1830 and 1831, was rendered conspicuous by the passage of two acts, one to establish The Planters' Bank of the State
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of Mississippi, and the other calling a Convention to revise, modify or make a new Constitution.
While only a Territory, the Legislature had incorpor- ated the "Bank of Mississippi." In the year 1818, the year after the admission of the State into the Union, the Legislature increased the capital of the bank, changed its name to the "Bank of the State of Mississippi," and fool- ishly gave to that corporation exclusive banking privileges. The domicile of the bank was established at Natchez, then the largest and most prosperous town in the State, with power to establish branches in various localities.
Twelve years only had elapsed. The State had greatly increased in population, its agriculture had extended, and the State was growing rapidly. An increase of the bank- ing capital of the State, an expansion of the circulating medium of the country, was recognized on all hands. In response to this universal demand, the Legislature of the State, at its annual session in 1830, determined, despite the exclusive privileges conferred upon the Bank of the State of Mississippi, to incorporate an additional bank, to be known as the "Planters' Bank of the State of Mississippi," with a capital of $3,000,000. This act of incorporation was approved February 10th, 1830. Two-thirds of the capital stock was reserved for subscription by the State, and the Governor was authorized to subscribe for twenty thousand shares of the capital stock in the name and on behalf of the State of Mississippi, aggregating ($2,000,000) two mil- lions of dollars.
Section 2d of the act of incorporation was in the fol- lowing words: "And be it further enacted, That the faith of the State of Mississippi is hereby pledged to make good all losses which may accrue from a deficiency of the funds of the said bank, or by other means, in proportion to the amount of stock which the State shall possess therein ; and that each and every stockholder shall, in his private and natural capacity, be held liable to each and every per- son who shall suffer damage or loss by the means afore- said, to make good said loss or damage in a ratio propor- tioned to the amount of stock which he, she, or they, shall hold in said bank."
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The Governor was also empowered to have prepared, and issued the bonds of the State of Mississippi for the sum of two millions of dollars, to be signed by the Gover- nor, and countersigned by the Auditor of Public Accounts, and when so signed and countersigned. it was made the duty of the Governor to deliver the said bonds to the Pres- ident and Directors of the Planters' Bank, in payment of the subscription of stock made for and by the State. It was also made the duty of the President and Directors of the Planters' Bank, to sell the bonds delivered to them by the Governor for specie only.
Section 7th also prescribed : "Which said bonds shall be under the seal of the State, signed by the Governor, and countersigned by the Auditor of Public Accounts, and may be assigned by the endorsement of the President and Cashier of said bank on the back thereof, either to the order of any person, or to the bearer; and the endorsement thereof shall appoint the place where the said half yearly interest shall be paid; all expenses attending the issuance of such bonds to be defrayed by the bank with the funds thereof."
Section 8th was in the words following: "And be it further enacted, that the faith of the State of Mississippi be and the same is hereby pledged for the payment of the principal and interest of the said bonds, upon the falling due thereof, and also the stock of the State in said bank shall be, and the same is hereby pledged for the payment of the same."
Section 11th, providing for the payment of interest on the bonds sold by the Planters' Bank, was in the following language: "That if the dividend arising from the stock subscribed for the State, as is herein specified, shall be insufficient to meet the interest accruing on the said bonds, and the payment and extinguishment thereof, when the same shall become due, the said bank shall supply such deficiency, and charge the same to the account of the State of Mississippi, and for the payment thereof the faith of the State is hereby pledged."
The Board of Directors was, by the 'act of incorporation, made to consist of thirteen, seven to be chosen by the
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State, and six by the individual stockholders; and no stockholder, not a resident of the State, could be eligible as a Director.
The domicile of the bank was established at Natchez, with the privilege of removing it to the capital of the State, whenever that should be permanently established. The power to locate and establish branches was also con- ferred upon the Directors, the first being at the town of Vicksburg, in Warren, and Rodney, in Jefferson county.
Of the bonds of the State, authorized to be delivered to the Planter's Bank of Mississippi, in payment of the stock subscribed for in the name of the State in that institution, ($500,000) five hundred thousand dollars worth were sold in the year 1831, and the remaining ($1,500,000) one mil- lion five hundred thousand dollars worth were disposed of in the course of the year 1833, and the money received therefor placed in the vaults of the bank.
The Constitution of 1817, unlike that of 1832, contained no prohibitory clause against pledging the faith of the State, and hence the Legislature was clothed with plenary power in the premises.
The bonds had been sold by the agents of the bank, in strict conformity with the provisions of the law authoriz- ing their issuance, and for specie only, and the proceeds were promptly paid over to the officers in charge of the institution. The business of the bank was conducted on what are usually regarded as sound business principles, and was in a highly prosperous condition until the great financial tempest, which swept over the entire country in 1837, came to blast and paralyze the commercial prosperity of the whole Union.
The opinion was quite prevalent that the State had out- grown the Constitution made in 1817. The population had nearly doubled since that organic law was framed, and the desire was frequently expressed that the old Con- stitution should be greatly modified, or that an entirely new one, better calculated to meet the needs of a prosper- ous and growing State, should be formulated at an early day.
The legislature, in the year 1830, took the proposition
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under consideration, and the conclusion reached stamps the legislators of that period as wise and prudent guar- dians of the public weal. It is worthy of remark that the members of the legislature of that day were particularly anxious to consult the wishes of the people and to know their will in the premises.
In the early days of the session an act was passed and approved December 15, 1830, the preamble to which was in the following language :
"Whereas, the General Assembly of the State of Missis- sippi have, by a resolution passed by a constitutional majority at the present session, recommended to the elec- tors, at the next election for members of the General As- sembly, to vote for, or against a Convention, for the pur- pose of revising, amending, or changing the Constitution of the State of Mississippi.
"Therefore, for the purpose of ascertaining the will and wishes of the people thereon. Be it enacted, etc."
This act provided for taking the sense of the people on the subject, and declared that it should be the duty of the sheriffs of the several counties "to advertise in the manner, and at the same time prescribed by law, preceding the next August election, for advertising elections for the mem- bers of the General Assembly, that the polls will be opened for the purpose of taking the sense of the people whether they desire a Convention or not ; and all qualified electors authorized to vote for members of Congress or of the General Assembly, shall be, and they are hereby au- thorized to write on the back or margin of their tickets, the words Convention or No Convention, and it shall be the duty of the returning officer," to make proper returns of the election, etc.
The people, by a decisive majority, expressed their desire for a Convention. The election was held in August, 1831, and at the following session of the Legislature an act was passed and approved December 16, 1831, calling the Convention, and apportioning the representation to the several counties.
It is a noteworthy fact that the act of the Legislature call- ing the Convention fixed the compensation of the mem-
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bers thereof, providing, that "as a remuneration of their services, the officers and members of the Convention shall be respectively allowed the same compensation in all re- spects as is allowed by law to officers and members of the General Assembly, and on the delivery of a certificate of the sum due, under the hand of the President of the Con- vention, the Auditor shall issue his warrant for the amount on the Treasurer, to be paid out of any money in the Treasury not otherwise appropriated."
The preamble and resolution referred to in the preamble to the act submitting the question of Convention or no Con- vention to the people for their action, is also noteworthy. They were in the following words :
"WHEREAS, In the opinion of the General Assembly, the period has arrived that the privilege contained in that part of the Constitution of the State of Mississippi, denomi- nated the mode of revising the Constitution, should now be extended to the electors of the State of Mississippi ; therefore be it
"Resolved by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, (two-thirds of the General Assembly concurring therein) that the General Assembly do now recommend to the elec- tors, at the next election for members of the General As- sembly, to vote for or against a Convention."
It is apparent that the legislators at that early day, properly considered themselves as the servants, and not the masters of the sovereign people.
The administration of Governor Brandon closed with the year 1831, and he is heard of no more in connection with public life in Mississippi. This writer has no per- sonal knowledge of Gerard C. Brandon and never saw him ; but if he was anything like his knightly and chival- ric brother, the late Gen. William L. Brandon, the maimed soldier (he lost a leg at the battle of Malvern Hill,) and gentleman. who peacefully passed away in the nine- tieth year of his age only last year, and had the entire pop- ulation of Wilkinson county for his mourners, the conclu- sion is inevitable that Gerard C. Brandon was of high,
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heroic character, the very soul of honor and of the most unquestioned courage.
When Mr. Brandon was first elected Governor in 1827, Abram M. Scott, of the same county, was chosen Lieuten- ant Governor, and in 1829, they were both re-elected. There seemed to be no serious objection to selecting for these important positions two gentlemen from one county, at that early period, provided the same county could fur- nish the proper men to meet the popular expectation, though such a thing would scarcely be thought of at the present day.
THE ADMINISTRATION OF GOVERNOR SCOTT.
ABRAM M. SCOTT, a native of South Carolina, was the sixth Governor chosen by the people of Mississippi. Mr. Scott came to the Mississippi Territory at an early day, and was heard of in the year 1811 as commander of a company in a regiment which was called out by Governor Holmes to punish the Indians for the massacre of more than two hundred and fifty men, women and children at Fort Mims, in what is now known as the State of Ala- bama, though it then formed an integral portion of the Mississippi Territory. Mr. Scott was a bright, courageous and honorable gentleman, and established his residence in Wilkinson county, and by his genial and upright deport- ment so commended himself to the people of that county, that he was chosen one of the five delegates to represent them in the Constitutional Convention which assembled at Washington, in the county of Adams, in the year 1817.
He represented the people of Wilkinson county several times in the Legislature and served two terms as Lieuten- ant-Governor, during the first and second terms of Gerard C. Brandon as chief magistrate of the State. He was elected Governor in 1831, and was installed in office in January, 1832, with Fountain Winston, of Adams county, as Lieutenant Governor. After the death of Gov- ernor Scott in November, 1833, the duties of the chief ex- ecutive were devolved on Lieutenant-Governor Winston for about six weeks.
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