The Taylor-Trotwood Magazine, Vol. IV, No. 5, February 1907Various
History
The Taylor-Trotwood Magazine, Vol. IV, No. 5, February 1907
Various
American literature -- 20th century -- Periodicals; Southern States -- Periodicals
The administration of the Spanish governors had been very lax, but it had
been popular. There were no prisons in the territory when Sargent came
thither, a fact which Claiborne adduces to prove the high grade of morals
then prevalent, but which really recommend the territory no more than
the further fact that there were no judges and no courts. Three persons
had been named as territorial judges at the same time the executive
appointment was made, but one of these only, Judge Bruin, was a resident
of the territory. Judge Tilton did not arrive until January 10, 1799,
and Judge McGuire delayed his coming until the following September. How
the absence of these officials embarrassed the governor in his efforts
to organize his administration becomes plain when we remember that the
enabling act of the territory rested all legislative authority in the
governor and these judges. They and they only were empowered to draw up a
code of laws for the territory. These laws were imperatively needed, and
upon Sargent, harassed with a thousand tasks and cares at once, rested
the sole responsibility for their suitable nature and correct form. Bruin
was not a lawyer, nor was Tilton; only McGuire, who did not appear upon
the scene until the hard task was completed, possessed the necessary
legal knowledge therefor.
As soon as Tilton arrived in January, the legislative work of the
government was begun, and the first law of Mississippi Territory bears
date of February 28, 1799; others followed as soon as they could be
properly framed. Though the governor had declared, truthfully enough,
in December, when writing to the Secretary of State, that the want
of laws kept territorial affairs in a condition of absolute anarchy,
yet no sooner was the code drawn up than it was violently attacked
by the governor’s political opponents. They declared the laws to be
unconstitutional, a charge which Claiborne’s “History of Mississippi”
reiterates. But he also charges Tilton and McGuire with aiding the
governor in this concoction of laws in conflict with the Constitution of
the United States; whereas, McGuire did not arrive in the territory until
nearly all of these laws had been enacted. And it is worthy of note, that
notwithstanding all the outcry against them, only two of the Sargent laws
were set aside, subsequently, by Congress.
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