USA > Mississippi > Official and statistical register of the state of Mississippi, 1908 v. 3 > Part 26
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*Journal of Governor Claiborne. Vol. I., pp. 31, 32, 33.
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FIRST LAW OF THE MISSISSIPPI TERRITORY.
A Law in Aid of and in Addition to the Regulations of the Governor for the Permanent Establishment of the Militia of the Mississippi Terri- tory.
All free male inhabitants between the age of sixteen and fifty, the offi- cers of civil government appointed by the President and Senate of the United States, or commissioned by the Governor, ministers of religious societies, that are or may be established, and regularly educated practicing physicians, only excepted, shall be liable to, and perform military duty, and be divided agreeably to the order of the commander-in-chief into corps of horse and foot, and formed in the following manner:
Sixty-four rank and file shall form a company of infantry or riflemen, or a troop of horse.
To each company of infantry or riflemen there should be appointed a captain, lieutenant, and ensign, four sergeants, four corporals, a drummer and a fifer.
To a troop of horse, one captain, one lieutenant, and one cornet, four sergeants, four corporals and one trumpeter.
The whole militia of the Territory shall, until the commander-in-chief may otherwise direct, be formed into two legions, and bear the name of the counties to which they shall respectively appertain, so soon as such shall be erected and laid off.
A lieutenant-colonel shall command each legion, and there may be appointed such other field officers as the commander-in-chief may deem necessary.
There shall also be appointed to each legion an adjutant and a quarter- master, and whenever the commander-in-chief shall believe it essential to the well ordering of the militia of this Territory, he may appoint an adjutant-general, with the rank of a major or lieutenant-colonel.
Each and every horseman shall furnish himself with a sword, one pistol, twelve rounds of cartridges, three flints, a priming wire, small portmanteau, and such other arms and accoutrements as the commander- in-chief may direct.
Every militia man who is enrolled for service on foot, shall furnish himself with a musket and bayonet, cartridge box and thirty rounds of cartridges, or rifle and tomahawk, powder horn and bullet pouch, with one pound of powder and four pounds of bullets, six flints, priming wires, brushes and knapsacks.
And every person enrolled in this militia who shall be found deficient upon any muster day, in the arms, ammunition and accoutrements, or any of them, herein ordered to be furnished, shall, after a reasonable time
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FIRST LAW OF THE MISSISSIPPI TERRITORY.
given in the judgment of the legionary commandants (not exceeding six months) to enable him to procure the same, at each and every time of default be fined the sum of three dollars.
The officers shall be armed and accoutred as the privates, with the addition of swords only for the infantry.
Upon' the second Saturday of each and every month officers com- manding companies are to assemble and parade their men at such time and place as they may deem best adapted for their general convenience, and there diligently exercise them for the space of two hours, in marching, wheeling, firing with good aim, and the use of the bayonets for the infantry.
There shall be four field days in each and every year, to be named by the commander-in-chief, or the commandants of legions under his order, upon which the respective commands that can in his judgment, with any convenience be assembled, must be exercised as legionary corps.
If any person enrolled in the militia shall refuse or neglect to appear upon the regular stated muster or field days, after being informed by a commissioned or non-commissioned officer of the time and place of parade, or shall refuse to do his duty when appearing, he shall be fined in the sum of three dollars for each default, except in case of absence and when he shall render a sufficient excuse to his captain.
If any commissioned, non-commissioned officer or private shall cause or promote any disorder upon the regular stated muster or field days, so as to impede or prevent the military exercises which may be ordered, he shall be tried by a court martial, and upon conviction thereof shall be fined in a sum not exceeding ten dollars.
All fines are to be collected by a warrant of distress from the captain or senior officer of a company, directed to any one of the sergeants, who is to levy upon the goods or chattels of the defaulter, and after advertising the same for five days, if the fine is not then paid, he shall proceed to sell at public vendue to the highest bidder so much of the effects as will answer the fine, and one dollar for his own use, returning the overplus, if any there be, to the party who owned the property so destrained, and the fine levied shall by the officer from whom the warrant issued be paid into the county treasury for the use of the legions, and to be appropriated in such way and manner as the field officers, or a majority of them, shall direct, with the approbation of the commander-in-chief.
Upon any invasion of this Territory, or the appearance thereof, or domestic disturbances actually existing or apprehended, the commander- in-chief, or commandants of counties, in pressing emergencies where the commander-in-chief cannot seasonably be resorted to, are authorized to make such detachments for guards, patrols and other military duty as the public exigencies may in his or their opinion require (provided that in all cases where detachments are ordered by commandants of legions, report thereof shall be made without delay to the commander-in-chief, and in case of refusal to appear and perform duty under such authority, or disobedience or neglect of orders in time of service, the defaulter shall
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FIRST LAW OF THE MISSISSIPPI TERRITORY.
be deemed guilty of cowardice, and be heard, tried and sentenced by a court martial.
All officers shall be attentive to the forming, disciplining, parading and commanding their respective corps, and to such other duties as shall respectively bind them by this law, and by the orders from time to time to be given by the commander-in-chief or other of their superior officers.
If any officer shall be guilty of a breach of this law, or in any respect violate or neglect his duty he shall be heard, tried and sentenced by a court martial.
A court martial shall not consist of more than nine members, nor less than three, whereof one at least shall have rank superior to a lieutenant.
Courts martial may be appointed by the commander-in-chief or the commandants of legions, but the commander-in-chief only shall have the power of approving and carrying into effect sentences of courts martial whereby the punishment shall be capital or an officer cashiered; and the commander-in-chief is authorized and.empowered to remit fines that may be inflicted, where it shall appear from the oaths of two credible witnesses that the person fined is unable to pay the same without great distress to himself or family.
The free male inhabitants above the age of fifty shall arm and accoutre themselves either as cavalry, or those who serve on foot (at their own option), but they shall not be liable to military service except in cases of actual invasion and under the immediate direction of the commander- in chief.
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The foregoing is hereby declared to be a law of the Mississippi Terri- tory, this twenty-eighth day of February, Anno Domini one thousand ,seven hundred and ninety-nine. In testimony of which we have under- signed our names and caused the public seal to be thereunto affixed.
WINTHROP SARGENT,
PETER BRYAN BRUIN, DANIEL TILTON.
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ACT AUTHORIZING A STATE GOVERNMENT.
(Passed March 1, 1817.)
§ I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of the western part of the Mississippi Territory be, and they hereby are, authorized to form for themselves a constitution and state government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon the same footing with the original states, in all respects whatever.
2. The said State shall consist of all the territory included within the following boundaries, to wit: Beginning on the river Mississippi at the point where the southern boundary line of the State of Tennessee strikes the same, thence east along the said boundary line to the Tennessee River, thence up the same to the mouth of Bear Creek, thence by a direct line to the northwest corner of the country of Washington, thence due south to the Gulf of Mexico, thence westwardly, including all the islands within six leagues of the shore, to the most eastern junction of Pearl River with Lake Borgne, thence up said river to the thirty-first degree of north lati- tude, thence west along the said degree of latitude to the Mississippi River, thence up the same to the beginning.
3. All free white male citizens of the United States, who shall have arrived at the age of twenty-one years, and resided within the said Terri- tory at least one year previous to the time of holding the election, and shall have paid a county or territorial tax, and all persons having in other respects the legal qualifications to vote for Representatives in the General Assembly of the said Territory, be and they are hereby, authorized to choose Representatives to form a convention, who shall be apportioned among the several counties within the said territory, as follows, to wit: from the county of Warren, two Representatives; from the county of Claiborne, four Representatives; from the county of Jefferson, four Rep- resentatives ; from the county of Adams, eight Representatives; from the county of Franklin, two Representatives; from the county of Wilkinson, six Representatives; from the county of Amite, six Representatives; from '. the county of Pike, four Representatives; from the county of Lawrence, two Representatives; from the county of Marion, two Representatives; from the county of Hancock, two Representatives; from the county of Wayne, two Representatives; from the county of Greene, two Represent- atives; from the county of Jackson, two Representatives; and the election of the Representatives aforesaid shall be holden on the first Monday and Tuesday in June next, throughout the several counties above mentioned
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ACT AUTHORIZING A STATE GOVERNMENT.
and shall be conducted in the same manner as is prescribed by the laws · of said Territory, regulating elections therein for members of the House of Representatives.
· 4. The members of the convention, thus duly elected, be, and they here- by are, authorized to meet at the town of Washington, on the first Monday of July next; which convention, when met, shall first determine, by a majority of the whole number elected, whether it be or be not expedient, 'at that time, to form a constitution and State government for the people within the said Territory; and if it be determined to be expedient, the con- vention shall be, and hereby are, authorized to form a constitution and State government ; Provided, That the same, when formed, shall be Repub- lican, and not repugnant to the principles of the ordinance of the thirteenth of July, one thousand seven hundred and eighty-seven, between the people and states of the territory northwest of the river Ohio, so far as the same has been extended to the said territory by the articles of agreement between the United States and the State of Georgia, or of the Constitution of the United States; And, provided also, That the said convention shall provide, by an ordinance irrevocable without the consent of the United States, that the people inhabiting the said Territory do agree and declare that they forever disclaim all right or title to the waste or unappropriated lands lying within the said Territory, and that the same shall be and remain at the sole and entire disposition of the United States; and, moreover, that each and every tract of land sold by Congress shall be and remain exempt from any tax laid by the order, or under the authority, of the State, whether for State, county, township, parish or any other purpose what- ever, for the term of five years, from and after the respective days of the sales thereof, and that the lands belonging to citizens of the United States, residing without the said State, shall never be taxed higher than the lands belonging to persons residing therein; and that no taxes shall be imposed on lands the property of the United States; and that the river Mississippi, and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, shall be common highways, and forever free, as well to the inhabitants of the said State as to other citizens of the United States without any tax, duty, impost, or toll therefor, imposed by the said State.
5. Five per cent of the net proceeds of the lands lying within the said Territory, and which shall be sold by Congress fromand after the first day of December next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals; of which three-fifths shall be applied to those objects within the said State, under the direction of the Legislature thereof, and two-fifths to the making of a road or roads lead- ing to the said State, under the direction of Congress; Provided, That the application of such proceeds shall not be made until after payment is com- pleted of the one million two hundred and fifty thousand dollars due to the State of Georgia, in consideration of the cession to the United States, nor until the payment of all the stock which has been or shall be created by the act entitled "An act providing for the indemnification of certain claim- ants of public lands in the Mississippi Territory," shall be completed ;
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ACT AUTHORIZING A STATE GOVERNMENT.
And provided also, That the said five per cent shall not be calculated on any part of such proceeds as shall be applied to the payment of the one mil- lion two hundred and fifty thousand dollars due to the State of Georgia, in consideration of the cession to the United States, or in payment of the stock which has or shall be created by the act, entitled "An act providing for the indemnification of certain claimants of public lands in the Missis- sippi Territory."
6. Until the next general census shall be taken, the said State shall be entitled to one representative in the House of Representatives of the United States.
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Constitution .
and form of Governo
State of thisisippi. Preamble.
Me the Representatives of the people in . habiting the western part of the Wikipacific Seniory contained within the following limits - to wit_ Begin ning on the River Milil iffe of the point where the southern boun day line of the Gates of Tenneface Strikes the same; thenew cast along the said boun. 5 dary line to the Sennepce hiver; thenew up the dame to the mouth of Bear creek; thenew by a direct line to the north West corner of the County of Washington ; thences due touth to the Gulf of allexico; haner Westwardis, including all Islands with in dio logues of the shore, to the Most cas. tern junction of Grand Riverwith lake Borgne; there of said river to the thirty just degrees of North latitude, the nos. West along the said. degree s' latitude to the Abigailaithe river;
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FAC SIMILE OF FIRST PAGE OF FIRST CONSTITUTION OF MISSISSIPPI.
OUTLINE OF THE CONSTITUTION OF 1817.
The supreme executive power is vested in a Governor, who is elected by qualified electors for a term of two years. It is provided that the Governor shall be thirty years of age, a citizen of the United States for twenty years, a resident of the State for five years, and be seized in his own right of a freehold estate of six hundred acres of land, or of real estate to the value of two thousand dollars.
The Lieutenant-Governor shall possess the same qualifications as the Governor, and be chosen by the same electors, in the same manner and at the same time and for the same term.
The Secretary of State, Attorney-General, Treasurer and Auditor of Public Accounts are elected by the Legislature on joint ballot, the Secre- tary of State for a term of two years, the Attorney-General, Auditor and Treasurer for a term of one year.
The legislative power is vested in two distinct branches, the one to be styled the Senate, the other the House of Representatives, and both together "The General Assembly of the State of Mississippi."
The Representatives are elected annually on the first Monday and the day following in August. It is provided that a Representative shall be a citizen of the United States, an inhabitant of the State for two years, twenty-two years of age, owner of two hundred and fifty acres of land within the State, or have an interest in real estate of the value of five hundred dollars.
The Senators are chosen for a term of three years, and on convening after the first election shall be divided by lot into three classes, as nearly equal as possible. The seats of the Senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year, and of the third class at the expiration of the third year, so that one-third may be annually chosen thereafter.
It is provided that a Senator shall be a citizen of the United States, an inhabitant of the State for four years, twenty-six years of age, and hold, in his own right, within the State, three hundred acres of land, or an interest in real estate of the value of one thousand dollars.
It is provided that the General Assembly shall hold its first session on the first Monday in October, 1817, at the City of Natchez, and thereafter at such place as may be directed by law, and thereafter on the first Mon- day in November.
The judicial power is vested in one Supreme Court, consisting of not less than four, nor more than eight, judges, elected by the General Assem- bly, to serve during good behavior, up to sixty-five years of age, in a
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OUTLINE OF THE CONSTITUTION OF 1817.
superior court held in each county at least twice in each year, the judges being the same as the judges of the Supreme Court.
It is provided that the judge whose decision is under consideration in the Supreme Court shall not constitute one of the court for the consid- eration of that case.
Provision is also made for the establishment of a Court or Courts of Chancery, Courts of Probate and Justice Courts.
Every free white male of the age of twenty-one years or upwards, who shall be a citizen of the United States, and shall have resided in the State one year next preceding an election, and the last six months within the county, city or town in which he offers to vote, and shall be enrolled in the militia thereof, except exempted by law from military service; or having the aforesaid qualifications of citizenship and residence, shall have paid a State or county tax shall be deemed a qualified elector.
MEMBERS OF CONSTITUTIONAL CONVENTION OF 1817.
Adams County-David Holmes, President; Josiah Simpson, James C. Wilkins, John Taylor, Joseph Sessions, John Steele, Christopher Rankin, Edward Turner.
Amite County-Henry Hanna, Thomas Batchelor, John Burton, Thomas Torrance, Angus Wilkinson, William Lattimore.
Claiborne County-Walter Leake, Thomas Barnes, Daniel Burnet, Joshua G. Clarke.
Franklin County-James Knox, John Shaw.
Greene County-Laughlin Mckay, John McRae.
Hancock County-Noel-Jourdan, Amos Burnet.
Jackson County-John McLeod, Thomas Bilbo.
Jefferson County-Cowles Mead, H. J. Balch, Joseph E. Davis, Cato West. Lawrence County-Harmon Runnels, George W. King.
Marion County-John Ford, Dougal Mclaughlin.
Pike County-David Dickson, William J. Minton, James Y. McNabb.
Warren County-Henry D. Downs, Andrew Glass.
Wayne County-James Patton, Clinch Gray.
Wilkinson County-George Poindexter, Daniel Williams, Abram M. Scott,
John Joor, G. C. Brandon, Joseph Johnson.
LOUIS WINSTON, Secretary.
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Josiah Simpson
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Joseph Sessions
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Henry Hounna i cinestarcience.
Molina Benton.
The Butchietex.
Bonitos Alias H. J. Balch
County of detaine. ·Natta Listic 1
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Thomas Bille
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FAC SIMILE OF SIGNATURES OF MEMBERS OF CONSTITUTIONAL CONVENTION OF 1817.
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OUTLINE OF THE CONSTITUTION OF 1832. .
The chief executive power is vested in a Governor who is chosen by . the qualified electors for two years, and cannot hold the office more than four years in any term of six years. The Secretary of State, Treasurer, and Auditor of Public Accounts are chosen by electors for a term of two years, the Attorney-General for a term of four years.
The legislative power is vested in a Senate and House of Representa- tives, both together being styled "The Legislature of Mississippi." The Representatives are chosen every two years, on the first Monday in November and the day following; their number not to be less than thirty- six, nor more than one hundred.
The Senators are chosen for four years, one-half being elected bien- nially, at the same time with the Governor and Representatives, and their number cannot be less than one-fourth, nor more than one-third of the whole number of the Representatives.
The Legislature meets every two years at the town of Jackson (which is established as the seat of government till 1850) at such time as may be prescribed by law. It provides that the first Legislature under the new Constitution shall be held the third Monday in November, 1833.
The judicial power is vested in a High Court of Errors and Appeals, held at least twice a year, consisting of three judges chosen by the electors for the term of six years, one being elected in each of the three districts into which the State is divided, and one of the three judges being chosen biennially; in a Circuit Court held in each county at least twice in each year, the judges being chosen by the electors of each Judicial District, and holding their office four years; in a Superior Court of Chancery, the Chancellor being chosen by the electors of whole State for a term of six years; in a Court of Probate, the judges being elected by the electors of each county for the term of two years; and a Board of Police for each county, consisting of four members, elected for a term of two years.
The Constitution provides that no person shall ever be appointed or elected to any office in the State for life or during good behavior.
Every free white male person of the age of twenty-one years or upwards, who shall be a citizen of the United States, and shall have resided in the State one year next preceding an election, and the last four months within the county, city, or town, in which he offers to vote, is a qualified elector.
It is provided that all elections shall be held by ballot.
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MEMBERS OF THE CONSTITUTIONAL CONVENTION OF 1832.
P. RUTILIUS R. PRAY, OF HANCOCK, PRESIDENT.
Adams County-John A. Quitman, Spence M. Grayson, Stephen Duncan. Amite County-Richard Hurst, Isaiah Cain.
.Claiborne County-Thomas Freeland, Thomas Gale, Daniel Greenleaf.
Copiah County-Seth Granberry, William P. Rose.
Covington County-Frederick Pope.
Franklin County-Daniel McMillan.
Greene County-David McRae.
Hinds County-David Dickson, James Scott, Vernon C. Hicks.
Hancock County-P. Rutilius R. Pray.
Jefferson County-Putman T. Williams, Cicero Jefferson.
Jackson County-William C. Seamon.
Jones County-Nathaniel Jones.
Lawrence County-Aloysius M. Keegan, Joseph W. Pendleton.
Lowndes County-James F. Trotter.
Marion County-Dugald Mclaughlin.
Monroe County-George Higgason.
Perry County-Jacob J. H. Morris.
Pike County-James Y. McNabb, Laban Bacot.
Rankin County-Nathan G. Howard.
Simpson County-John B. Lowe.
Warren County-William J. Redd.
Washington County-Andrew Knox.
Wayne County-Thomas P. Falconer.
Wilkinson County-Gerard C. Brandon, Edward F. Farish, Joseph John- son.
Yazoo County-Howel W. Runnels, Richard F. Floyd.
From the District composed of the Counties of Yazoo and Madison-Wil- liam G. Austin.
From the District composed of the Counties of Monroe, Lowndes and Ran- kin-Daniel W. Wright.
District composed of the Counties of Monroe and Washington-Eugene Magee.
District composed of the Counties of Copiah and Jefferson-Benjamin Kennedy.
District composed of the Counties of Amite and Franklin-Richard A. Stewart.
District composed of the Counties of Lawrence, Simpson and Covington- Charles Lynch.
District composed of the Counties of Jones, Perry, Greene, Hancock, Jack- son and Wayne-John Black.
District composed of the Counties of Pike and Marion-James Jones.
JOHN H. MALLORY, SECRETARY.
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OFFICERS AND MEMBERS OF THE CONSTITUTIONAL CONVENTION OF 1861.
WILLIAM S. BARRY, LOWNDES COUNTY, PRESIDENT. F. A. POPE, HOLMES COUNTY, SECRETARY. W. IVY WESTBROOK, NOXUBEE COUNTY, SERGEANT-AT-ARMS.
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