Letter to Mississippi Governor Adelbert Ames; February 12, 1874

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Letter to Mississippi Governor Adelbert Ames; February 12, 1874

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Ames, Adelbert, 1835-1933 Andrews, Garrett DuBuisson, C. J.Gilruth, J. N.Hilliard, F. P.McCormick, P. J.Moore, J. W.Morgan, A. T.Morgan, William A.Powell, George M.Prewett, J. C.Schaefer, E.Scott, Walter

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Crime Crime--Affray Crime--Jail Escapes Crime--Murder Crime--Riots Crime--Threat Criminal Procedure Criminal Procedure--Arrest Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Deputize Criminal Procedure--Imprisonment Criminal Procedure--Parole Finances Finances--Bankruptcy Finances--Default Legislation. Mississippi Political Office--Appointment to office Political elections Political elections--Mississippi Taxation Taxation--Mississippi

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Courts and Judicial Systems Courts and Judicial Systems--Chancery Courts Mississippi--Executive Department Mississippi--Legislature Mississippi--Legislature. Senate

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Clerks Law Enforcement Law Enforcement--Sheriffs Legal Profession--Judges Legal Profession--Lawyers Secretaries Tax Profession--Collectors

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Mississippi--Hinds County Mississippi--Yazoo County. Yazoo City

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Death

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[note] 2/12/74 [/note]
1

To His Excellency, Adelbert Ames, Governor of Mississippi.

Sir,

At a meeting of citizens and tax payers of Yazoo County, held in the City Hall at Yazoo City; on the evening of the 11^th instant, the undersigned were ap=pointed a committee to prepare a written state=ment to your excellency of the confusion & trouble now prevailing in regard to the offices of Sheriff and Tax collector of this county, and of the danger which threatens to result therefrom to our public finances, to the reg=ular operations of the county administration, and to the confidence of citizens. We were also directed by resolution to select a committee to present this statement to you, and to make known more fully than time & space allow us, the details of the condition here—

Trusting that you will be pleased to hear all sides in a matter of such gravity, we respectfully report that.

At the beginning of the present year F. P. Hilliard and A. T Morgan were both claim=ants of the office of Sheriff, and tax collector—On the 8th of January a conflict occurred in ^the^ court house between the two claimants & their respective deputies, for possession of the office, books &c, in which Hilliard was killed— Both claimed to belong to the same political party. Morgan and some others were charged with the murder of Hilliard, arrested and com-mitted to jail without bail— Very great tur=

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-bulence was manifested by the friends of the accused men when they were arrested, who threatened to release them by violence and kept the community in a state of dis=quiet for some weeks—A serious outbreak was avoided only by the prudence and for=bearance of the rest of the people—No threats, no violence, no demonstrations of harm^whatever^ were offered towards the accused at any time—We desire particularly to assure your excellency, that upon the part of the community at large, there is not, nor has there been, any partizan interest in the controversy—The dispute was a personal one of Morgan & Hilliard, and the general public simply wish to have the controversy, which is still pending as set forth below, Speedily settled according to due course of law, as it can and should be, without force or violence. And we appeal to you, to aid us by your influence in preserving the good order, and submission to law which has prevailed in this county without interruption, since the reorganization of the State,—

After Mr Morgan, the Sheriff elect, had been confined to prison without privilege of bail, the Chancellor of the District, at the regular January term of his court, in pursuance of Section 314 of the code, appointed George M Powell Sheriff pro tem, who gave good and substantial bonds as such officer & tax collector, and proceeded to collect the state & county taxes; and has collected the greater part of

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them—

On the Second of February the Legislature passed a an act, entitled "an act to provide for the collection of taxes in the county of Yazoo and for other purposes." This statute authorizes the ^deputy or,^ deputies appointed by A. T. Morgan to collect the taxes of the county, but requires such deputy or deputies, prior to the collection of such taxes to enter into bond with two or more sufficient sureties, to be approved by the Chancery Clerk, in a penalty equal to the full amount of taxes assessed in said county during the year 1873 with 20 pr cent added thereto—"

The last section of the act authorizes the Governor with "advice & consent of the Senate to appoint a Sheriff of said county ad interim who Shall regulate (so written, but mean-ing we suppose execute) the bond and oath of office prescribed by law, and shall hold said office until the Said Morgan is lawfully capable of executing the duties thereof, or until the expiration of the term for which said Morgan was elected, but said appointee shall not collect the taxes of said county"

By virtue of these enactments the Governor appointed W^m A Morgan Sheriff ad interim; and A. T. Morgan (his brother) also appointed him deputy tax collector—

Powell, the chancellors appointee, un=der advice of counsel, refuses to surrender the office to W. A. Morgan without a judicial determination of their respective rights, al=

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-leging that his attorneys advise him that the Statute is invalid and inoperative; that W. A. Morgan's appointment is void, and contrary to the act itself—That his bonds are insufficient without proper security and not executed in the manner required by law; as for inst=ance the tax collectors bond is required by law to be $132,000 (the taxes of the county being $110,000 or thereabouts), while W. A. Morgans bond in that behalf is only for $50,000. That the levee tax is $15,000 more, while his bond as levee tax collector is but $6,000. That the Statutes require in all cases that the clerk of the Chancery Court of the county shall take the written examination of the Sureties on oath, as to their solvency, while in this case they were all so examined by the Chancery Clerk of Hinds County, and that the affidavits vary materially from the form prescribed by law—On these points we express no opinions ourselves—

W. A. Morgan on the other hand claims that he is the legal Sheriff & tax collector of the county and has published notice that he "will not recognize in the collection of taxes any receipt heretofore given by any one claiming to act under any authority de=rived by appointment of the Chancellor of this District, or any other person—that all persons who may have heretofore paid taxes to G. M. Powell, will find it to their interest to surrender their tax receipts to said Powell and have their money restored to them, as he shall feel compelled to exact

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the taxes from them just as if no payment at all had been made".

Your Excellency will perceive that this is a controversy between Powell and Morgan alone, while the people, who are not concerned in it, must bear all the evils of the contest—They are called upon at their own peril to decide who is the rightful officer—If a mistake of judgment is made, the tax payer, not the contestant suffers the consequence—The position of those who have already, in good faith paid their taxes to a de facto collector at least^is still worse, they^ are threatened with seizure & sale of their property if they do not again make payment to Morgan.

Under a recent Statute passed at the special session last October, this disturbing issue can easily be settled by the courts in a few weeks—It would be highly detrimental to the commonwealth, to the faith of the people in, and their obedience to the laws, to have it determined otherwise—We therefore, upon behalf of those we represent, earnestly request your excellency that you will not aid or countenance any resort to force—except in support of a judgment of court if necessary—in this matter—The peace of our community requires it, and we feel sure that either of the parties will yield ready obedience to any judicial order in the premises—

We furthermore respectfully and

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earnestly suggest that you recommend to the legislature the propriety of post=poning the collection of taxes here until the question is adjusted by the proper tribu=nal, which can be summarily done, and thus relieve the people from the peril and embarrassment of a Situation for which they are in no way responsible, and^thus^ at the same time compel the disputants to bring at once to an end, a vex=atious controversy in ~~the~~whose consequences a whole community is embroiled against its will—

We declare that we are not sup=porters of nor interested with either side ofto this unfortunate Struggle—The people wish to see the rightful claimant whoever he may be, duly qualified and installed in his office—The courts alone can justly hear both sides and decide the matter properly—We cannot doubt that in the interest of the state, you will leave the rights of all the people in your eye, and protect those who appeal to you so far as you can, from the sides above set forth—

By an act passed subsequently to the Statute of 2^d February above cited, the time for paying taxes in this community expires on the 1" March. The time is short and something should be done without delay—This is a good community,

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an industrious community, a prompt com=munity in matters of revenue—The people either have paid or are very generally ready & willing to pay—but they do not wish to pay twice—

This will be presented to your excellency^by Mr J. C. Prewett, Mr Walter Scott, & D^r P. J. M^cCormick? ~~[unclear]~~

Requesting your mature consideration and action in the matter, we have the honor to be

Very respectfully
your obt svts

Garrett Andrews—
C. J. DuBuisson
J. N. Gilruth [checkmark]
E. Schaefer [checkmark]
Walter ^his X mark^ Scott
J W Moore [checkmark]

Yazoo City Miss
Feby 12^th 1874—

[note] CS. indate petition in ⁶folder 2 [/note]

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EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.

From Garrett Andrews ^Et al^
Address Yazoo City
Dated February 12 1874.
Received February 14 1874
Answered [gap]

SUBJECT:

Relative to the case of A. T. Morgan,~~etc~~ Sher=iff's office etc.
[gap]

Jud

ADELBERT AMES,
Governor.

[gap]
Private Secretary.