Letter from T. S. Ford to Mississippi Governor James L. Alcorn; February 28, 1871

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Letter from T. S. Ford to Mississippi Governor James L. Alcorn; February 28, 1871

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People

Alcorn, J. L. (James Lusk), 1816-1894 Chrisman, J. B.Ford, Calvin Ford, T. S.Foxworth, Unknown Gillis, John Hewson, H. F.McNair, J. E.Seal, J. J.Taylor, B.Unknown, Unknown

Events

Appointment to guardianship

Organizations and Businesses

Courts Courts--Chancery Courts Farms Judicial Districts Mississippi. Executive Department Mississippi. Legislature Mississippi. Legislature. House of Representatives Mississippi. Supreme Court

Occupations

Judges Lawyers Legislators Secretaries

Places

Columbia (Miss.)Marion (Miss.)

Social Identifiers

Guardian and ward Impoverished people Orphans

Vital Statistics

Death

Page 1

[seal]

Columbia Miss Feb 28^th 1871

Hon James L. Alcorn
Governor of the State of Mississippi

A bill was introduced before the House of Representatives on the 18^th inst. "for the relief of the heirs of Calvin Ford" to which I wish to draw your attention briefly—I have not seen the bill but understand its general purport to be to enable four minor children of Calvin Ford late of Marion county deceased, who are aged respectively six eight ten and twelve years of age to choose a guardian as if they were fourteen years of age. There are many objections patent on the face of such a bill but many more when the facts are disclosed fully. I will make a brief state-ment of the circumstances which caused this bill to be presented to the Leggislature. Calvin Ford died leaving four minor children who were his sons by a third wife, who is also deceased and one daughter who is also a minor and a daughter of his first wife The daughter is consequently a half sister of the four boys. She named one Foxworth and Foxworth petitioned for letters of guardianship of the persons of the four boys. T. S. Ford the half uncle, of these four minors ^and the present writer^ not deeming Foxworth a person in any way competent to be guardian of these children also petitioned. An issue as to whether T. S. Ford who had the right of preference by statute—was a fit competent and suitable person for the guardianship was made up and a large amount of evidence submitted and reduced to writing and the Chancery Court after full

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consideration of the case appointed T. S. Ford Guardian The only objection to his competency made was that he was an attorney at Law and knew nothing about carrying on a farm which these minors hap-pened to be interested in. Also it was alleged that the children preferred Foxworth.

Instead of taking an Appeal to the Supreme Court if they consider the judgment of the Court erroneous the opposite party appeal to the Legislature and seek to get a salutary restriction the law has imposed on minors removed.

Now the law distinctly recognizes the fact that the child is utterly incompetent to make such a momentous choice as that of a guardian while under the age of fourteen. and supposes that the next of Kin will have sufficient affection and interest in the childs welfare to discharge the duties of a guardian This Presumption is liable to be rebutted by evidence of course but in the case in hand it was distinctly proved that T. S. Ford had always been kind and affectionate towards the children. Tendering a good and sufficient bond there was no other course for the Court but to appoint him Guardian.

The question arises whether the Legislature is a proper tribunal to discuss such issues. A competent Court after a thorough examination of the matter, having all the evidence and all parties before it renders its decision and it should not be disturbed by the Legislature at least—If there was error an Appeal to a Court that can administer full and prompt redress can be be taken.

Another query presents itself can the Legislature in passing a law of the kind contemplated by the framer of the

bill thus virtually assume the functions of a Court and render decisions on questions that have already been adjudicated by a tribunal competent under the laws without infringing on some rights precious to every free man. If it has a right thus to legislate it becomes a grand Court of Assize for the state on whose meetings every citizen of the state is bound to attend lest some "snap judgment" affecting his dearest rights of life or property without any notice ~~of the facts of the case~~ to him whatever be taken

Now as to the facts of the case. Mr Foxworth whom the framer of the bill seeks to invest with the guardianship of these children is a person wholly incompetent and unfit to discharge such a duty. He is a puppet in the hands of anothers who wishes to annoy the present guardian and who wishes to get the property of these children through the means of Foxworth into his hands for the purpose of speculating with it. This individual ^B. Taylor^ has a singular control over Foxworth and has told me several times that he expected to manage and control the property. He is an attorney and is in the habit of retaining the money of his clients and as he had no visible property his clients are without redress He will be probably struck from the roll of attorneys as several parties to my own knowledge intend to enter a rule against him at the next term of our Court. The knowledge of this individuals intentions was the main motive in inducing me to take the guardianship. I did not care to see him strip my nephews of their property and leave them penniless for their relatives to take care of. All the relatives and friends of the family feel precisely as I do in the matter and join me in deprecating the approval of such a law.

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I am sorry to be compelled to bring such an affair before your notice and would not do so unless com-pelled by necessity. I am opposed to your party in politics perhaps but rely on your integrity and sense of justice to veto such an infamous scheme as I have exposed to you. For the truth of the state-ments I have made to you I can refer to Hon J. J. Seal Senator of this District and all the officers and citizens of our county: also to Hon John Gillis of the House. and others. As to my character I can refer to Hon J E McNair J B Chrisman Esq whom you know perhaps to be honorable men.

In view of these circumstances which I have hastily stated I ask you to veto the "bill for the relief of the children of Calvin Ford"

I sign myself in haste

yours very Respectfully

T. S. Ford

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PRECIS.
[gap]

No'.

Executive Office,
State of Mississippi,
County of Marion

From T. S. Ford
Address Columbia
Dated Feb'y. 28. "71
Received March. 1. "71
Answered [gap]

Stigmatizes the Bill "for the relief of the heirs of Calvin Ford" as an "infamous scheme", and appeals to the Gov's integrity and sense of justice to veto it

Says the framer B. Taylor is interested in the passage of the Bill.

JAMES L. ALCORN,
Governor.

Refers to Hon J. J. Seal Jno. Gillis J E M^cNair & J. B. Chrisman

H. F. HEWSON,
Private Secretary.