USA > Mississippi > Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II > Part 9
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The last session of the Territorial assembly was in November, 1816.
Legislature, 1833-76. Under the State constitution of 1832, "the legislative power of the State shall be vested in two distinct branches ; the one to be styled the Senate, the other the House of Representatives, and both together the legislature of the State of Mississippi. And the style of their laws shall be, Be it en- acted by the Legislature of the State of Mississippi." The previous property qualification for membership was abolished. The con- ditions of eligibility were, for senator-a citizen of the United States, an inhabitant of the State four years next preceding elec- tion, the last year a resident of the district he appeared to repre- sent, and age of thirty years; for representative, the same with the lower time requirements of two years' residence, and age of twenty-one years. The membership of the house was required to be not less than 36 nor more than 100; of the senate not less than one-fourth nor more than one-third, that of the house. But "each county shall always be entitled to at least one representa- tive." Out of this grew trouble when new counties were being created by the wholesale in the Indian country. The senators were to serve four years, after the first elected, who were divided by lot into two classes, serving two and five years. Thereafter, at regular biennial elections, part of the senators and all the repre- sentatives were chosen. The first regular session under the con- stitution, began on the first Monday in November, 1833, and the
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regular sessions were every two years thereafter. But, to put the constitution into effect as soon as possible, the schedule provided for an election of a legislature in December, 1832, which convened on the first Monday in January, 1833, and ordered an election for all State and county officers on the first Monday of May, 1833.
The office of lieutenant-governor was abolished; the president of the senate, elected by that body, to be the successor of the gov- ernor when that office became vacant. The senate elected Charles Lynch president and David Dickson, secretary. Joseph Dunbar, Adam L. Bingaman, A. M. Keehan and David Pemble were can- didates for speaker of the house. Bingaman withdrew after the 9th ballot, Keegan being in the lead, and on the 15th ballot Pem- ble was elected.
The members of the House in the legislature of January, 1833, were: Adams-Adam L. Bingaman, William Vannerson. Amite -David Pemble, William Vannorman. Claiborne-John A. Barnes, Benjamin F. Stockton. Copiah-Barnabas Allen, John Beasley. Covington-Elam S. Regan. Franklin-Orin Shurtleff. Green-David McRae. Hinds-William C. Demoss, Alexander Morrison. Jones-Samuel Ellis. Jackson-John McDonald. Jef- ferson-Philip Dickson, Joseph Dunbar. Hancock-Burwell B. Brewer. Lawrence-Aloysius M. Keegan. Marion-Charles D. Learned. Lowndes-Tilghman M. Tucker. Madison-Andrew E. Batie. Monroe-John Bell. Perry-Abner Carter. Simpson- James Powell. Pike-Jesse Harper, William G. Martin. Rankin- Nathan G. Howard. Warren-William Vick. Wilkinson-Gor- don G. Boyd, Francis R. Richardson. Washington-Robert P. Shelby. Yazoo-David Vance, James C. Bole. Wayne-John A. Edwards.
The journals of the legislature of this period are not all avail- able. There was a session in November, 1833. In the period before 1836, Gen. P. Briscoe was president, and A. L. Bingaman, speaker. The time of meeting was changed to the first Monday in January. In the latter part of 1835 there was a special session of the senate to elect a president, and the choice fell upon John A. Quitman. (See Runnel's administration.) In January, 1836, Will- iam Van Norman was president pro tem. until the inauguration of Gov. Lynch. In the house, after several ballots, John L. Irwin was elected speaker over Bingaman, Whig. At the extra session in January, 1837, occurred the trouble about the admission of rep- resentatives from new counties, and a special session was called to meet April 7, on account of the bank failures. (See Lynch's Administration.) A. G. McNutt was elected president on the 16th ballot in January ; John L. Irwin, speaker. At the regular session in January, 1838, A. L. Bingaman was elected president on the 19th ballot. This was the first full senate of the State under the constitution of 1832. John W. King was elected speaker.
In 1840, the senate on 44th ballot elected George B. Augustus president. Jesse Speight was elected speaker of the house. In January, 1841, James Alexander Ventress, speaker, vice Speight,
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resigned. George B. Augustus continued as president. In his message to the legislature of this year Gov. McNutt said: "This is the seventh session of the legislature which has assembled dur- ing the last five years. The four extra sessions have cost the State about $200,000 and have bankrupted the State treasury. A careful examination of all the acts of the special sessions will demonstrate that they have been productive of little good and much evil." The plain intent of the constitution of 1832 was biennial sessions.
In 1842, Jesse Speight was elected president of the senate on the 11th ballot. Robert W. Roberts, speaker of the house. A special session of this legislature was convened July 10, 1843, on account of the Graves defalcation. Gen. Speight having resigned, Gen. Arthur Fox was elected president pro tem. In 1844 Jesse Speight was president; J. L. Totten speaker. In 1846 George T. Swann was president ; James Whitfield, speaker. In 1848 George T. Swann was president; John J. McRae, speaker. In 1850, Dab- rey Lipscomb, of Lowndes, was president; John I. Guion, presi- dent pro tem .; John J. McRae, speaker. (See Guion-Whitfield Adm.) At a special session, November, 1851, James Whitfield was elected president, continuing in 1852, when William S. Pat- ton, was speaker. In 1854 John J. Pettus was president, J. M. Acker, president pro tem .; Hiram Cassedy speaker. In 1856-57, Pettus continued as president and William S. Barry was speaker. James Drane was president, 1858-65; J. L. Autry was speaker in 1858, J. A. P. Campbell in 1859-60, William A. Lake; January, 1861, J. P. Scales, November, 1861-63, Lock E. Houston, 1863-65.
The legislature had three sessions in 1861, January, July and November. In 1863 the capitol was abandoned, and the sessions were at various places. (See Pettus and Clark administrations.) "In attempting to meet the exigencies of war the legislature did not always observe strictly the limits set to its action by the con- stitution, and in fact seems to have amended it by simple resolu- ยท tion, as occasion demanded. Thus the following enacting clause appears in a statute of April 5, 1864: 'Be it enacted that the con- stitution of Mississippi be and the same is hereby altered and amended,' etc. In 1861 an act was passed amending an ordinance of the convention." (Garner, Reconstruction, 43.) In 1864 the legislature was in session in March and April, and again in August at Macon. At the latter session the governor was authorized to sell State bonds to the amount of $2,000,000, to form a military fund. During the session at Columbus, February and March, 1865, the governor was then authorized to dispose of $500,000 of the bonds above named, "for such premium as he may be able to obtain in the market," and sell out the Confederate bonds in the treasury "for such price as he may be able to obtain for the same." In March, 1865, though it was a portentous epoch, the leg- islature incorporated two "female institutes" at Canton and Crystal Springs, and the Pioneer machine company. This legisla- ture allowed the secretary of the senate $40, the clerk of the house $50, and doorkeepers $15 a day. But the members resolved to ac-
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cept only their expenses of travelling and attendance. Two months later the last session of the Confederate era met at Jackson, May 18. It followed close upon the heels of the surrender at Meridian (see Clark Adm.), and was for the purpose of preparing for restor- ation to the Union. But the session did not survive the day, the United States government not admitting the survival of the civil governments existing during the Confederacy. (See Clark's Adm.)
The next legislature was the last elected by an exclusively white vote. It met "at the State House, in the city of Jackson, on Mon- day, the 16th day of October, A. D. 1865, and the sovereignty of the State of Mississippi the forty-ninth, and the ninetieth year of the Independence of the United States of America." (House Jour- nal.) Col. J. M. Simonton was elected president of the senate, and Gen. Samuel J. Gholson speaker of the house. The vote for speaker was Gholson 38, Alcorn 26, Simrall 9. After a session of 45 days the legislature adjourned Dec. 6. It was called in special session in 1866, and was in session 42 days, Oct. 15, 1866 to Feb. 21, 1867, with an adjournment Oct. 30 to Jan. 21.
After this, under the congressional reconstruction, there was no. legislature until the one elected in November, 1869, the negro population sharing in the elective franchise. This legislature con- tained nearly 40 negro members, including 5 of the senators. Some of these had a little education and some were unable to read or write. The negro members, with those whites who had been sol- diers of the Union army, and some native white republicans, con- stituted the majority. The senate was divided, 36 Republicans, 7 Democrats; house, 82 Republicans, 25 Democrats.
This legislature convened in provisional session, Jan. 11, 1870, by the call of Gen. Ames, commander Fourth military district and provisional governor. W. M. Hancock was chosen president pro tem., and he and the senate were sworn in by Chief Justice Peyton. On the third day, R. C. Powers, lieutenant-governor elect, con- sented to be sworn in, and by virtue of his office, was president of the senate, as before 1832. The house elected F. E. Franklin repre- sentative from Yazoo, who was a recent immigrant from New York, as speaker. The Fourteenth and Fifteenth amendments were rat- ified at the end of the first week. United States senators were elected, (q. v.) and the provisional session then adjourned Jan., 20, until "the second Tuesday after the admission of the State into the Federal Union." Accordingly the legislature met March 8. 1870, with the State fully recognized and considered as "in the Union," for the first time since January, 1861. The session closed July 21, 1870. The provisional session is noteworthy for the first and only instance in which the legislature acknowledged the favor of railroad transportation by resolution of thanks. The session of 1870 was the longest the State had yet known. The session lasted four months and a half. The mileage of members was $29,664 in 1870 and $22,128 in 1861. The per diem of members in 1870 was $166,632.
The session beginning Jan. 3, 1871, was the first regular one
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under the constitution of 1869, requiring annual sessions beginning on the first Tuesday after the first Monday in January. Senator Dowd was elected president of the senate, pro tem., when the lieutenant-governor, Powers, became governor, and H. W. Warren, recently of Massachusetts, was elected speaker of the house. He was clerk in 1873. This session did not adjourn until May 12, (a little over four months) having on hand the task of adopting a revised code.
The legislature of 1872 was in session from Jan. 2 until April 4. Joseph Bennett was president pro tem. of the senate; John R. Lynch (negro), speaker of the house. The session of 1873 be- gan in January and ended April 19. In the legislature of 1874, was the culmination of negro representation. Lieut .- Gov. A. K. Davis, a negro, presided over the senate, and the house elected another negro, I. D. Shadd, of Vicksburg, speaker. The political division was, senate, 25 Republicans, 12 Democrats; house, 77 Republicans, 36 Democrats, and several Independents. There were 9 negro members in the senate and 55 in the house. There was a special session, December 17-24, 1874, upon call of the governor, which appointed a committee to investigate the Vicksburg riot. (q. v.) The session of 1875, was January 5 to March 6, Shadd speaker. Another special session met July 27, 1875, to amend the registration law.
The legislature of 1876 was the product of the political revolution of 1875. The senate had 26 Democrats to 11 Republicans (5 negroes) ; the house, 97 Democrats, 19 Republicans (15 negroes). The impeachments of Gov. Ames and other State officers were the exciting features of the session which began January 4 and ended April 15. Hugh M. Street was speaker of the house. Lieutenant- Governor Davis presided over the senate until his impeachment in February, when Senator John M. Stone, who had been elected president pro tem. by acclamation on the first day, took the chair. When Stone became governor W. H. Sims was made president pro tem.
Legislature, 1876-1906. The constitution of 1869 continued in force, except as amended, until 1890. The legislature of 1876 met again in 1877. Its political complexion was: Senate, 26 Demo- crats, 11 Republicans, House, 97 Democrats, 19 Republicans. H. M. Street was speaker; W. H. Sims, president of the senate.
It required five ballots to elect a speaker of the house in 1878, W. A. Percy, W. H. H. Tison, W. F. Tucker and M. H. Whitaker being the candidates, and Percy was finally successful. George M. Gevan was elected clerk. Reuben O. Reynolds was president of the senate until Lieut .- Gov. W. H. Sims was' inaugurated. This session continued 48 days. Part of its important business was to amend the constitution, as approved by popular vote, so that the sessions should be biennial, beginning in 1878. Accordingly the next session began in January, 1880.
The legislature of 1880 contained 15 members of the National or Greenback party, 3 Independents and 6 Republicans. B. F.
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Johns was speaker of the house. The session continued 53 days, and was memorable for the election of Senator George; the adop- tion of Campbell's Code; and the discussion of the Humphreys' railroad bill.
In 1882 the Greenbackers had only two members, and the Re- publicans 18. The opposition representation in the legislature from this time rapidly dwindled. In 1888 the legislature was al- most solidly Democratic. The speaker in 1882 was W. H. H. Tison; in 1884, W. M. Inge; in 1886, J. H. Sharp; in 1888, C. B. Mitchell; in 1890, J, S. Madison.
Under the constitution of 1890 both the representatives and senators are elected every four years. There is a series of regular sessions, every four years, beginning in 1892, and a series of special sessions every four years, beginning in 1894, the special sessions being limited to 30 days unless the governor finds it desirable to extend the session for a specific number of days, nothing to be con- sidered at such special sessions but appropriation and revenue bills, "except such other matters as may be acted upon at an extra- ordinary session called by the governor, the compensation for spec- ial sessions to be limited to $5 per diem and mileage." All members are required to take oath that they "will not vote for any measure or person because of a promise of any other member of this legis- lature to vote for any measure or person, or as a means of influ- encing him or them to do so." Liability as a principal for public moneys, conviction of bribery, perjury or other infamous crime, and bribery in connection with elections and appointments, are dis- qualifications for membership. The powers of the legislature are more definitely stated than in any previous constitution. Appro- priation bills are carefully regulated, their passage forbidden in the last five days of the session, and the governor authorized to approve them in part and veto them in part. The veto of any measure may be overcome by a two-thirds vote in each house. If the governor does not return a bill within five days it becomes a law without his signature, unless the legislature adjourns mean- while, "in which case it shall become a law unless sent back within three days after the beginning of the next session of the legisla- ture."
The legislature is particularly charged with legislation for cer- tain ends, such as the limiting of land holding by aliens and cor- porations. A standing committee in each house on local and private legislation is required, through which all such measures must pass. Private, special and local laws are forbidden in a large number of particulars (Section 90). There are absolute prohibi- tions of a number of functions previously exercised. "The legis- lature shall not elect any other than its own officers, State librarian and United States senators." Included in the constitution was an apportionment among the counties of 133 representatives, includ- ing several "floaters" among counties, and representatives of the cities of Meridian and Natchez. The counties were districted for 45 senators. A State census was ordered in 1895 and every ten
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years thereafter, as a basis of new apportionment by the legislature. All sessions begin on the first Tuesday after the first Monday in January.
The legislature of 1892 was occupied mainly with consideration of the codified laws and new laws presented by the commissioners under the constitution of 1890. The next code session was in 1906. There was an extraordinary session in 1897, and with this exception the sessions have been biennial.
At the congressional election in 1900 an amendment to the con- stitution was adopted, and the same was inserted in the constitu- tion by the legislature of 1902, providing that the legislature may apportion senators and representatives on the basis of the Federal decennial census. At such apportionments each county shall have at least one representative. Virtually, three new political sub- divisions are made, and required to have equal representation, re- gardless of population. The first section is composed of the coun- ties of Tishomingo, Alcorn, Prentiss, Lee, Itawamba, Tippah, Union, Benton, Marshall, Lafayette, Pontotoc, Monroe, Chicka- saw, Claiborne, Yalobusha, Grenada, Carroll, Montgomery, Choc- taw, Webster, Clay, Lowndes and Oktibbeha, and any counties that may be sub-divided therefrom. The second section is com- posed of the counties of Attala, Winston, Noxubee, Kemper, Leake, Neshoba, Lauderdale, Newton, Scott, Rankin, Clarke, Jasper, Smith, Sunflower, Copiah, Franklin, Lincoln, Lawrence, Covington, Jones, Wayne, Greene, Perry, Marion, Pike, Pearl River, Hancock, Harrison and Jackson, and any counties that may be sub-divided therefrom. The third section is that embraced within the present territory of the remaining counties of the State. Each section is to "never have less than 44 representatives," and any change in the number of representatives is to be apportioned equally to the three sections. The number of representatives is limited between 100 and 133, the number of senators between 30 and 45.
Under the laws now in force the members of the legislature re- ceive $400 salary for each regular session, and 10 cents mileage each way, and $5 a day for special sessions. The regular sessions terminate at 60 days.
The lieutenant-governors (president of the senate) since 1876 have been: William H. Sims, 1878-82; G. D. Shands, 1882-90; M. M. Evans, 1890-96; J. H. Jones, 1896-1900 ;- James T. Harrison, 1900-1904; John Prentiss Carter, 1904. The speakers of the house since 1890 have been: H. M. Street, 1892; James K. Vardaman, 1894 ; J. F. McCool, 1896, 1897, 1898; A. J. Russell, 1900, 1902; E. N. Thomas. 1904, 1906.
The legislature of 1906 created a new department of State gov- ernment, called the Department of Agriculture and Commerce, and placed under the direction of a Commissioner. It was provided that the Commissioner be appointed by the governor to serve until the first general election in 1907, and afterwards be elected by the people. Hon. H. E. Blakeslee was appointed Commissioner of the new Department. At this session of the legislature a change was
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made in the management of the State convict farms, the control being placed in the hands of three Trustees, appointed by the gov- ernor to serve until the first general election in 1907, and after- wards elected by the people together with a Superintendent ap- pointed by the governor. An act providing for a geological Sur- vey was passed. Two new circuit court districts were created to meet the demands of the rapid development in the Southern part of the State. In the same section of the State two new counties were formed; Jefferson Davis, taken from Lawrence and Coving- ton, and named in honor of the President of the Southern Confed- eracy, and Forrest, embracing the second court district of Perry county, and named in honor of Gen. N. B. Forrest of the Confed- erate army. The greater part of the session of 1906 was given to the adoption of a new code of laws which was compiled by A. H. Whitfield, T. C. Catchings and W. H. Hardy, and to be known as the Mississippi Code of 1906. During this session, among other things, a liberal appropriation was made for the support of Beau- voir, the Confederate soldiers' home, and the sum of $50,000 was appropriated for the erection of a monument in the National Park at Vicksburg in honor of the Confederate soldiers of Mississippi.
Lela, a postoffice of Wilkinson county.
Leland, an incorporated post-town of Washington county on the Yazoo & Mississippi Valley R. R., and the Southern Ry., about 10 miles east of Greenville. The land on which Leland stands was patented in 1834. The first settlement was made in 1847 by Judge James Rucks. In 1884 the town was laid out on the advent of the railroad. It is a railroad junction point, and has a telegraph office, an express office, a newspaper office, and two banks. The Enter- prise is a Democratic weekly established in 1901, of which Hill & Hanson are the editors and publishers. The Bank of Leland was established in 1899 with a capital of $15,000, and the Delta Bank of Leland was established in 1903; capital $50,000. Leland lies in the fertile Delta region, and is a cotton shipping point of importance. Among its industries are a large saw mill, a large cotton seed oil mill with a daily capacity of 100 tons of cotton seed; the Leland Ice and Cold Storage Co., capital stock $20,000, capacity 20 tons daily ; bottling works; Leland Compress Co., capital stock $50,- 000; Leland Lumber Co., capital stock $10,000. There are five public school buildings for whites; also one school for colored pupils. There are five churches; two for whites and three for blacks. The city owns its electric light and water works. The Leland Cotton Co., organized in 1903 for the purpose of selling cotton, is the only organization of its kind in existence. Population in 1900, 762; estimated in 1906 at 2,000.
Lemon, a post-hamlet in the northern part of Smith county, 9 miles north of Raleigh, the county seat, and 15 miles south of Forest, the nearest railroad and banking town. Population in 1900, 100.
Lena, a post-hamlet in the southern part of Leake county, 12 miles south of Carthage, the county seat. The station of Raworth,
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on the A. & V. R. R., 15 miles to the south, is the nearest railroad town. Population in 1900, 63.
Lenoir, a postoffice in the northwestern part of Marion county, situated on the west bank of the Pearl river, 10 miles northwest of Columbia, the county seat.
Leonia, a postoffice of Jasper county, 5 miles south of Paulding, the county seat.
Leota Landing, a post-hamlet of Washington county, situated on the Mississippi river, about 25 miles south of Greenville, the county seat. It has a money order postoffice. Population in 1900, 50.
L'Epinay. M. de L'Epinay was appointed governor of Louisiana by Crozat in 1716, to succeed Cadillac, and served in that capacity for a period of about eleven months. He arrived in Mobile Bay on the 9th of March, 1717, accompanied by M. Hubert, commissioned to succeed M. Duclos as Commissaire Ordinnateur; also three companies of infantry, commanded by MM. Aruths de Bonil, de Loze and Gouris, and fifty other persons, among whom were MM. d'Artagnette, Dubreuil, Guenot, Trefontaine, and Mossy, wealthy and prominent Frenchmen, who came to establish colonies in Lou- isiana on their several concessions. De L'Epinay brought Bien- ville the cross of St. Louis, which the king of France had granted him as a special reward for his long and distinguished services in the interest of French ascendency on the Mississippi. La Harpe, in his Journal, tells us that "the commander of the Paon (one of the vessels which brought the new governor and his compan- ions), who had lately entered the port of Dauphin Island by a channel of twenty-one feet of water, discovered in two days after that it had changed, and he was compelled to unload and go out by the Grand Gosier Channel, which had only a depth of ten feet." This sudden chocking of the Dauphin channel, no doubt, was one of the principal reasons for the reestablishment of the headquar- ters of the colony in the Bay of Biloxi (see Bienville.) De L'Epinay seems to have engaged at once in the same dissensions with Bien- ville as his predecessor, Cadillac. He was ignorant of conditions in the new world and caused some regulations to be enforced in opposition to the wishes of Bienville, which created great dissatis- faction. As above stated, De L'Epinay's tenure of office was brief. Crozat surrendered his charter in 1717, and in August of that year, the "Western Company" succeeded to its privileges. On the 9th of February, 1718, the ships Dauphin, Vigilant and Neptune, be- longing to the Western Company, arrived at Dauphin Island, and brought orders for the recall of De L'Epinay and the appointment of Bienville as governor-general.
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