The exigencies of war and the depreciation of the Confederate treasury

notes, in which taxes were paid, necessitated not only the levy

of special taxes, but an increase in the number and rates of the

specific objects taxed. Notable among the additions to the regular

tax schedule were taxes of five cents a pound on all seed cotton

over one bale of 500 pounds of lint, raised by a single hand; of 2

per cent. on the gross profits of iron foundries, machine shops,

dealers and speculators[76] in grain, provisions, etc.; of 50 per

cent. on the wages of mechanics in excess of 75 per cent. profit

above the actual cost of labor and material; of twenty cents on every

hundred dollars of railroad stock which paid 3 per cent. per annum.

Heretofore the State had encouraged railroad enterprise by exemption

from taxation and before the war had even gone so far as to levy

special railroad taxes in the several counties in payment of stock

subscriptions to these enterprises. But financial expediency dictated

that premiums for industrial progress be withdraw and that all the

State's fiscal energy be conserved for the business of war. Emergency

taxation was supplemented as a fiscal device by depreciated cotton

money, Confederate currency and Mississippi Treasury notes, and this

extreme economic tension was only relaxed after the last troops of the

Confederacy had surrendered.

Upon the downfall of the Confederacy in 1865, the Constitutional

Convention assembled by Gov. Sharkey organized Mississippi as a

regular State government. The financial problem confronting this

Post-Confederate government was as hard a Gordian knot to cut as that

which confronted the Confederacy itself. Land was worthless as an

object of taxation, because it had no value. Industries were paralyzed,

and needed bonuses rather than increased burdens. The debt contracted

during the war was not repudiated, and there was a State government to

support. How was the difficulty to be solved?

The Constitutional Convention of 1865 and the State legislatures of

1865, 1866 and 1867 acted in a sensible and heroic way in dealing with

the situation. A direct tax of $1 per bale was levied on all cotton

brought to market and sold; an inheritance tax of 1 per cent. of the

gross amount of all collateral inheritances; a tax of 3-10 per cent.

upon the amount of the annual rents and tenements. Privilege licenses

were exacted from the larger corporations best able to bear them, a

notable instance of this being the license of $2000 per annum imposed

upon express companies.[77] This selection of taxable objects proved

most fortunate, the cotton tax alone yielding sufficient revenue to

support the whole state administration. The commonwealth's indebtedness

was scaled, and Mississippi was rising Phoenix-like from the ashes of

financial despondency.

But in 1867 there was fastened upon the State the reign of

"Reconstruction and Radicalism," which meant untold retrogression in

fiscal policy. This reign of mongrelism, ignorance and depravity

was formally ushered in by a motley assemblage known as "the black

and tan convention," so called from the negroes and carpet-baggers

composing it. The special taxes levied to cover the profligacy and

extravagance of this convention, whose expenses for a period of less

than five months aggregated nearly a quarter of a million of dollars,

were prophetic of the future. Cotton, cotton gins, grist and saw mills,

ferry and wharf boats, grocery, drug and provision stores, banks,

hotels, photograph galleries, railroad and steamboat companies--all

were impaled on reconstruction's fork. Even the freedom of the press

was not respected, sums ranging from $20 to $50 being levied on

each daily, tri-weekly and weekly newspaper published in the State.

The plunderers modestly concluded their infamous schedule with the

provision "that a special tax of 50 per cent. on the State tax be

levied in addition to the State tax now assessed upon real and personal

property."[78]

The Constitution framed by the "black and tan convention" was rejected

and the Conservative administrations of Governors Alcorn and Powers,

both property owners and taxpayers in the State, had the effect of

tempering fiscal excesses. However, this temperance was only temporary

and, as compared with the former period, might be called rank

intoxication. In 1869 the State levy was only 1 mill on the dollar; in

1870, 5 mills; in 1871, 4 mills; in 1872, 8-1/2 mills; and in 1873,

12-1/2 mills. This was only the State tax. In many counties a county

tax of 100 per cent. on the State tax was added, besides a Special

tax in some counties to pay the interest on their bonded debt, and a

Special tax in the incorporated towns of from 5 to 10 mills on the

dollar for town purposes. In this way it happened that the total tax

paid by citizens was 2 8-10 per cent. outside the cities, and from

3-1/2 per cent. to 4 per cent. in cities and towns.[79]

With the election and inauguration of Adelbert Ames as Governor in

1874, the spirit of plunder and revenge which animated the aliens and

negroes burst forth with a fresh fury. The tax on land was increased

to 14 mills, a rate which virtually amounted to confiscation. Cotton

was taxed $10 per bale and the proceeds were invested in the Freedman's

Savings Bank, a gigantic swindling agency at Washington. The poll was

increased from $2 to $6 a head, and the responsibility for the payment

of the negroes poll was saddled on his white employer. This farce

fiscal comedy reached its climax in the imposition of a 1 per cent. tax

on all amounts expended by the citizens of the State in travel.[80] The

people simply could not pay these taxes, and over 6,400,000 acres of

land were forfeited for nonpayment.

On January 4, 1875, the taxpayers driven to desperation by this

confiscation of their property met in convention and submitted to

the Legislature a most respectful appeal for relief. The Legislature

treated the petition with contempt, an action which resulted in the

organization of taxpayers' leagues over the State and the speedy

overthrow of carpet-bag government.

This struggle between taxpayers and tax-layers in Mississippi is but

another illustration of the truth of Edmund Burke's saying that "from

the earliest times the great battles for human freedom have been fought

out on the question of taxation."

But the price of the victory was dear and the penalty paid for

experience was great. In addition to a payable and interest-bearing

debt of $984,200, the carpet-baggers left outstanding, unpaid on

January 1, 1876, non-interest bearing Auditor's warrants amounting to

$414,958.31. During the last six years of their regime, as is shown

by the Auditor's and Treasurer's books for these years, they spent

$8,501,337.86, strictly on account of the expenses of State government,

an average of $1,484,699.55 per annum. They collected nearly a million

dollars of what is known as the Common School fund, and spent it all

in riotous governmental living, save the pittance of $57,000 in U. S.

bonds left in the treasury to the credit of that fund.

This money was not spent on the common schools, the purpose for which

it was collected, but was misappropriated and unaccounted for, and a

debt against the State on account of that fund, was left January 1,

1876, amounting to $830,378.18. This, too, in spite of the fact that

the average rates of State and county taxation during the six years in

question were 8.87-1/2 mills and 12.49-2/3. mills respectively, making

a combined average of $21.37-1/2 on the thousand.

Indebtedness was thus the legacy which the "Modern Period" [1876-1898]

in Mississippi's fiscal history received from the period of

"Reconstruction and Radicalism." Although burdened with this incubus

and with increasing expenditures for educational and eleemosynary

institutions, the "Modern Period" has been characterized by a decrease

in both State and County tax rates and by a proportionate reduction in

State indebtedness, both in amount and interest charge.

The first year of this period, i. e. 1876, gave earnest or fiscal

reform. State taxes were reduced from 9-1/2 mills on the dollar to

2-1/2 mills. The taxing power of county boards of Supervisors was

restricted, a law being passed which prohibited them from levying taxes

for county purposes, which added to the State tax, would exceed 16-1/2

mills on the dollar, except for indispensable purposes. Supernumerary

officials were dismissed, the common school system improved, sinecures

abolished and salaries reduced. The highest rate of compensation was no

longer paid for the lowest standard of qualification. This policy of

economy in State administration has yielded substantial results.

The average rate of State taxation for the past 22 years, inclusive of

1876, has been 4.66 mills, as opposed to an average of 8.87-1/2 mills

for the six years preceding 1876. The average rate of county taxation

for the same period has been 11.1 mills, as opposed to 12.49-1/2 for

the six years preceding. Combining averages, we find a saving to the

credit of home rule of 5.60-1/2 mills on the dollar, or 5.60-1/2 on the

thousand.

Reduction in tax rates has meant a reversal of the policy of

confiscation. Of the 6,400,000 acres of land forfeited for nonpayment

during Reconstruction rule, all save 250,000 acres have been redeemed.

Property valuation has largely increased, the value of real and

personal property in the State today being estimated at $156,432,328.

Conservative capital is seeking investment in all branches of

industrial enterprise and economic progress is following in the wake of

fiscal reform.

Although the total payable debt of the State has increased from

$830,750 in amount and $45,507.50 in interest charges in 1876 to

$1,105,780.41 in amount and $53,421 in interest charges in 1897, this

increase is seen to be a proportionate decrease when all the facts are

considered.

The obligations, amounting to $876,256.57 in principal and interest,

handed down from reconstruction times have all been paid. During

the past 22 years $6,755,706.57 has been appropriated and actually

paid to common schools, as opposed to $1,323,765.62 appropriated and

$327,742.25 paid during the six years preceding 1876.

During the "Modern Period" the State University at Oxford, the Alcorn

University, the Normal Schools at Holly Springs and Tugaloo have been

liberally supported. The A. & M. College has been established, built,

equipped and supported at an aggregate expense of $697,909.95. The

Industrial Institute and College has been built and supported at a cost

of $329,735.99.

Higher education has been liberally supported, eleemosynary

institutions established and equipped, and the Confederate pension fund

largely increased.

Yet these extraordinary expenditures have only meant an addition

of $282,943.91 in principal and interest to the State's payable

indebtedness. This fact alone gives character to the administration

of the State's finances, and bodes well for a wise use of the

commonwealth's taxing power in the future.

FOOTNOTES:

[65] Lowrey and McCardle: Hist. Miss., p. 71.

[66] Miss. Laws, 1799, pp. 121-133.

[67] For provisions, Cf. Digest of the statutes of M. T., 1816, pp.

415-424.

[68] Revised Code of Miss., 1857, pp. 72-73.

[69] Hutchinson's Code of Miss., (1798-1848) pp. 188 and 202.

[70] Miss. Rev. Code, 1875; pp. 417-18.

[71] Miss. Rev. Code., 1857, pp. 70-72.

[72] For provisions, Cf. Proceedings of Constitutional Convention,

1861, pp. 12-15.

[73] Miss. Laws, 1862-63, p. 70.

[74] Indigent beneficiaries were divided into three classes, viz: (1)

Those entirely dependent. (2) Those deficient in breadstuffs. (3) Those

deficient in bacon. No beneficiary could receive more than 6 bushels of

corn, 1 bushel of wheat, and 50 pounds of bacon during the year.

[75] Miss. Laws, Feb'y and March, 1865, pp. 3-10.

[76] Miss. Laws, 1862-63, pp. 153-155.

[77] Miss. Laws, 1866-67, pp. 412-414.

[78] Miss. Constitutional Convention, 1868, pp. 215-220. This

Convention dropped that provision, found in the Constitution of 1832,

restricting the origination of money bills to the lower house. The

Constitution of 1890 expressly declares that all bills may originate in

either house and be amended and rejected in the other.

[79] Lowry and McCardle: Hist. Miss., p. 230, Cf. also Barksdale:

Reconstruction in Mississippi, p. 339 (In Noted Men of the Solid South.)

[80] Miss. Laws, 1875, p. 46.

TERRITORIAL GROWTH OF MISSISSIPPI

J.M. WHITE, M. S.

In 1783 the independence of the Thirteen Colonies in America was

recognized. Fifteen years later on April 7, 1798, Congress passed

an act a part of which was as follows: "All that country bounded

on the west by the Mississippi river; on the north by a line to be

drawn due east from the mouth of the Yazoo river to the Chattahoochee

river; on the east by the river Chattahoochee; and on the south by

the thirty-first degree of north latitude, shall be, and hereby is

constituted one district, to be called the Mississippi Territory." More

than half of this territory is now embraced in the state of Alabama,

and the portion that remains to Mississippi constitutes something like

one-third of the area of the state. Very little of the boundary of the

original territory remains intact, and in so far as Mississippi is

concerned all that remains of this original boundary is that around its

south west corner, extending from Pearl river along the thirty-first

degree of north latitude to the Mississippi river and up that stream to

the mouth of the Yazoo river.

The lands that have been added to the original territory lie to the

north and to the south of it--that added on the north comprises the

South Carolina and Georgia cessions, and that on the south a portion of

the Louisiana Purchase, or Spanish cession.

Before going farther into this subject it is necessary that we examine

briefly some of the old grants made by Great Britain for the purpose

of stimulating the formation of Colonies in the New World. By such an

examination we hope to get a clearer idea of the subject, and how it

is that some of the boundaries of our state are where they are. The

first of these grants to embrace the territory now in Mississippi was

that made by Charles I. to his Attorney General, Sir Robert Heath,

in 1629. This grant known as Carolina was possibly the largest ever

made to any one individual, covering as it did almost all that part of

the United States south of the present southern boundary of Virginia

and of Missouri. Mississippi was completely swallowed up in this

princely domain. Thirty years later (1659) soon after the death of

Oliver Cromwell and about the time of the restoration of the Stuart

kings to power in England, this charter for non-user was voided, and

in 1663 Charles II. gave to eight of his royal favorites, the Lords

Proprietors, a charter to Carolina, and by a supplemental charter

two years later (June 30, 1665) granted on the petition of the Lords

Proprietors, he extended the territory of Carolina so that its northern

boundary was 36 degrees thirty minutes north latitude and its southern

29 degrees north latitude.[81] All of Mississippi was in like manner

embraced in this grant. This charter was surrendered to the King by

seven of the proprietors, act of Parliament July 25, 1729.[82] It had

been one hundred years since the grant to Robert Heath. (The eighth

proprietor gave up his claim Sept. 17, 1744.) It was at this time that

Carolina was divided, South Carolina having remained a part of it until

this date. The western portion of the line separating the Carolinas,

now forms the northern boundary of Mississippi.[83]

Three years later June 9, 1732, George II., King of Great Britain,

granted a charter for the establishment of the Colony of Georgia in

America. The lands embraced by the provisions of this charter lay

within the royal province of South Carolina, between the Savannah

and the Altamaha rivers and the zone lying between parallels passing

through the head waters of these streams and extending to the Pacific

Ocean.[84]

Now the line passing through the head waters of the Savannah left a

zone twelve or fourteen miles wide belonging to South Carolina, and

lying between said line and the southern boundary of North Carolina.

This strip east of the Mississippi embraced 4900 square miles and was

generously ceded by South Carolina to the United States in 1787, and

today forms the northern part of Georgia, Alabama, and Mississippi.

South Carolina's right to this zone was not questioned nor was

Georgia's right to her western zone lying between the parallels

passing through the head waters of the Savannah and Altamaha rivers.

This zone became, as did the South Carolina zone, a part of the

Mississippi Territory, and together they constituted the lands added

to the original Mississippi territory on the north as above indicated.

But as to the original territory, viz., the zone lying between the

thirty-first and the thirty-second and one-half degrees of north

latitude, a number of disputes at different times arose. South Carolina

claimed it, Georgia claimed it, Spain claimed it, and the United

States claimed it. The contentions that arose in consequence of these

conflicting claims were protracted over a quarter of a century.

In 1752 the Georgia charter was surrendered, and by virtue of the

French and Indian war which soon followed, and the treaty of Paris

1763, Great Britian made good her claim, over France, to all lands east

of the Mississippi river and began at once to occupy this territory,

which prior to 1732 had been a "sort of free zone of doubtful

ownership." The King of Great Britain issued a proclamation, Oct. 7,

1763, creating the provinces of East Florida and West Florida and by

the same proclamation the Georgia territory according to the charter of

1732 was extended so as to take in the lands lying between the rivers

Altamaha and St. Mary's. This proclamation also settled temporarily a

dispute which had arisen between the provinces of South Carolina and

Georgia as to the right to the said territory. The provision is as

follows: "We have also, with the advice of our Privy Council aforesaid,

annexed to our province of Georgia, all lands lying between the rivers

Altamaha and St. Mary's." Thirteen years later the Colonies declared

their independence, and, as was natural, each claimed jurisdiction over

areas previously determined by royal charters, proclamations, &c. At

this time Georgia's claims were bounded on the east by the Atlantic

Ocean and the Savannah river; on the north by a line passing through

the head waters of said river to the Mississippi; on the west by the

Mississippi river; and its southern boundary was one with that of the

United States. Her title to all of this territory was the charter of

1732, King George III's proclamation of Oct. 7, 1763, extending the

area as provided by said charter, and a commission[85] to Governor

Wright Jan. 20, 1764, which gave him jurisdiction as far west as the

Mississippi and as far south as the thirty-first degree of north

latitude.[86]

Acting upon these claims, in 1785 the legislature of Georgia

established the County of Bourbon in the extreme southwestern limit of

her claim, and 1788 authorized the sale of large bodies of land lying

between the Tombigbee and the Mississippi rivers to certain companies

known as Virginia Yazoo, South Carolina Yazoo, and the Tennessee

Yazoo. These sales were made; but when the State Treasurer refused

to accept Georgia bills of credit in payment, the Virginia company

withdrew the moneys that she had previously paid and the South Carolina

Company brought suit against Georgia in the supreme court of the United

States; but the ratification of the eleventh amendment to the Federal

Constitution, privileging a state from being sued, cut short the

suit.[87]

In 1795 another act was passed authorizing the sale of these lands, but

on investigation it was found that many members of the Legislature--in

fact all the members voting for the sale except one--were interested in

these sales in a pecuniary way and a third Legislature, 1796, declared

the act of the previous legislature null and void, because obtained by

fraud and corruption, and the records of all the sales and conveyances

made under it were blotted out and destroyed.

This, however, did not vitiate the titles of these companies to said

lands.[88] The supreme court of the United States decided that the act

of the Georgia legislature in repealing the prior act for the sale of

the land was unconstitutional and void, was in violation of a contract,

and that the titles of claimants were good and valid.[89]

In the midst of all this confusion the United States planted the

Mississippi territory with boundaries as given above, justifying

her right to do so in her belief that these lands did not belong to

Georgia or to any other state at the time of the signing of the peace

treaty in 1783, but to the United States in common as the result of

their combined effort in establishing independence. In deference,

however, to Georgia's claims, Congress in authorizing the establishment

of a government in the Mississippi territory provided, "That the

establishment of this government shall in no respect impair the right

of the state of Georgia, or of any person or persons, either to the

jurisdiction or the soil of the said territory; but the rights and

claims of the said state, and all persons interested, are hereby

declared to be as firm and available as if this act had never been

made."

Section I. of this act is as follows: "That the President of the United

States be, and he hereby is, authorized to appoint three commissioners,

any two of whom shall have power to adjust and determine, with such

commissioners as may be appointed under the legislative authority of

the state of Georgia, all interfering claims of the United States and

that state, to territory situated west of the river Chattahoochee,

north of the thirty-first degree of north latitude, and south of the

cession made to the United States by South Carolina; and also to

receive any proposals for the relinquishment or cession of the whole or

any part of the other territory claimed by the state of Georgia, and

out of the ordinary jurisdiction thereof."[90]

To all this Georgia protested vigorously and asserted her right to the

land in question. Commissioners were, however appointed as provided.

They were not long in reaching an agreement, which led to the cession

of these lands to the United States. The terms were about as follows:

The United States gave Georgia in exchange for these lands, a strip

about twelve miles wide now forming the northern part of Georgia;

agreed to extinguish the Indian titles within her limits; to admit

the ceded territory into the Union as a state, when the population

should number sixty thousand souls; to confirm all grants recognized

by Georgia as legal; to set apart five million acres to satisfy claims

such as those of the Yazoo companies and other companies which Georgia

did not consider legal; and to pay a million and a quarter dollars

to the state of Georgia from the proceeds of lands sold in the said

district.[91] All this having been agreed to by Congress, the cession

was formally made in 1802 and two years later, together with the South

Carolina Cession lying just to its north, became the Mississippi

territory. But the contest did not end until Congress voted eight

million dollars in 1814 in land script to satisfy all claimants.[92]

Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899 · 第 9 / 19 段