xt7cvd6p2k4v https://exploreuk.uky.edu/dips/xt7cvd6p2k4v/data/mets.xml Mississippi Mississippi Historical Records Survey 1939 Prepared by The Historical Records Survey, Division of Professional and Service Projects, Works Progress Administration; Mimeographed; iix, 168 leaves, 27 cm; Includes bibliographical references; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Call number Y 3.W 89/2:43 M 69i/2 books English Jackson, Mississippi: Historical Records Survey This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Mississippi Works Progress Administration Publications Sargent's code: A Collection of the Original Laws of the Mississippi Territory Enacted 1799-1800 by Governor Winthrop Sargent and the Territorial judges text Sargent's code: A Collection of the Original Laws of the Mississippi Territory Enacted 1799-1800 by Governor Winthrop Sargent and the Territorial judges 1939 1939 2015 true xt7cvd6p2k4v section xt7cvd6p2k4v ' F » A lv V- V `       UN "   `   xg I ` ` ;
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A Collection
Of the Original Laws of the Mississippi Territory
Enacted 1799-1800 by Governor Winthrop Sargent
And the Territorial Judges
Prepared by
The Historical Records Survey
Division of Professional and Service Projects
Works Progress Administration
The Historical Records Survey
Jackson, Mississippi
June 1939

 The Historical Records Survey
Luther H. Evans, National Director
John C} L. Andreassen, Regional Supervisor
Percy L. Rainwater, State Director
Division of Professional and Service Projects
Florence Kerr, Assistant Administrator
Leo G. Spofford, Chief Regional Supervisor
Ethel Payne, State Director
F. C. Harrington, Administrator
George Field, Regional Director
Roland B. Wall, State Administrator

* The first laws for the’government of the Mississippi Territory approved
$ by Act of Congress, April 7, 1798, are known collectively as Sargent’s Code.
The published copies of these first Territorial laws are exceedingly rare.
In fact, there are only three known copies in existence. Needless to say,
none of these are in Mississippi or in the South for that matter. The mim-
eographed-copy herewith presented by the Historical Records Survey was made
from the original manuscript laws, deposited in the state Department of Ar-
chives and History, Jackson, Mississippi. The original published copy cen-
tains but 25 of the total of 46 laws promulgated over the period from February
28, 1799 to October SO, 1800. All of Sargent's laws for the government of
the Mississippi Territory are herein collected and appear therefore for the
first time in this edition by the Historical Records Survey. None except the A
first 25 of the laws as they appear in this edition were contained in the
edition published by Andrew lbrschalk at Natchez in 1799. The order in which
the laws appear in the present edition is the same as that in the helograph
copy in the Department of Archives and History. The order of arrangement in
the printed edition of 1799 is somewhat different from that of the manuscripts.
The promulgation of Sargent‘s Code for the government of the population
of some five thousand persons in the territory comprising the present states
of Mississippi and Alabama, for the most part, was one of a series of events
that marked the advance of the Stars and Stripes to the Pacific. A little
more than a decade earlier--in 1787--the first settlement west of the Alle-
ghanies had been made at Marietta in the present state of Ohio. The second
stage in this advance was the raising of the flag of the United States at
Natchez on March 29, 1798 as the Spaniards withdrew down the Mississippi
River to New Orleans. It is an interesting fact that Winthrop Sargent, born
in the lmssaehusetts coast town of Gloucester May 1, 1755, should have played
such an important role in the historical beginnings of both the old Northwest
centering at Marietta and also in that of the old Southwest centering at
For 1O years prior to May 7, 1798, when President John Adams appointed
him governor of tho Missiosippi Territory, Winthrop Sargent served as Secre-
tary of the Northwest Territory, and after th  battle of Maume, November 4,'
179l in which General Arthur St. Clair, the governor, was seriously wounded,
he performed likewise the duties of governor. In truth, the determining
factor in Sargont's appointment to the position of governor of the Mississippi
Territory was his knowledge of and actual experience with the very problems
with which the governor would be supposed to deal on the outpost of civiliza-
tion at Natchez.
Accordingly, on August 6, 1798, Sargent arrived at Natchez to take up
the duties of his office. On August 16, he performed his first official act
as governor when he delivered an address at Natchez to the people of the Ter-
ritory. In his address, the governor declared that "porsonal merit and a
firm attachment to the United States" should be the qualifications for office
under his administration and that he should defer his appointments until he
could become acquainted with the people.
President Adams under the provisions of the organic act, appointed a
secretary and three judges for the Territory. John Steele of Virginia, named
secretary, was, according to the law, authorized to perform the duties of the
governor in the event of the governer's absence or inability to perform the

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, ~ l

 _ ii _ J
duties of his office. The President appointed three judges: Peter Bryan
Bruin, a soldier of the Revolution who had for lO years lived at Natchez,
Daniel Tillton of New Hampshire, and William McGuire of Virginia. The latter
was the only one of the judges who was a lawyer. The governor with the
three judges or a majority of them was empowered "to adopt and publish in
the district such laws of the original states, civil and criminal, as may
be necessary and best suited to the circumstances."
Even before the arrival of the governor at his new post of duty, he was
not unaware of the great need, in his view, of the people of the Mississippi
Territory for the restraining force of government and law. From Cincinnati V
. he wrote Pickering, the Secretary of State, that such information as he had ’
concerning the people of the Territory was to the effect that they were of a
"refractory and turbulent spirit," led by men of "Perverscness and cunning;"
that they were running wild in the absence of government; and that every
moment of delay in adopting rules and regulations would be productive of
growing evils. Pending the arrival, therefore, of either Judge Tillton or
Judge McGuire to act with the governor and Judge Bruin, Sargent organized
a temporary government. He appointed "censervators of the peace" who were
empowered "to suppress all riots and affrays and to take notice of all trea-
sonable or seditious language and to command the authors, unless they shall
give security for good conduct, to answer for their crimes at the first ses-
sion of a Court of General Quarter Sessions." Two of the "conservators" were
competent to hold court and to issue papers to the sheriff to apprehend and
arrest criminals. The "conservators" were to appoint the constables. The
° sheriff's duties were of the usual nature.
In spite, however, of these restraining forces, Sargentwwrote Pickering
in December 1798 that the people were living in a virtual state of nature
and that at that time they would probably resent even the mildest of statutes.
The state of anarchy prevailing was, as he said, "truly distressing to him."
‘ The arrival of Judge Tillton at Natchez early in January 1799, made it
V possible for the governor and the two judges, Bruin and Tillton, to begin to
enact laws for the Territory. This they did without delay. Sargent deplored
that Judge Tillton did not bring with him the "laws of the several states."
But the boat in which the judge came was far too small to be encumbered with
· heavy and bulky law books. The lawmakers were, therefore, compelled to form
Mississippi's first Code of Laws from the volumes of the Northwest Territory
which Sargent did not believe to be a very good basis,
The work of Sargent and Judges Bruin and Tillton--Judge McGuire seems to
have taken little part in the making of the laws as he remained in Missis-
sippi only a few months, leaving in September 1799--proved to be very unpopu-
lar with the people. Under the leadership of Cato West, Narsworthy Hunter,
Colonel Anthony Hutchins, and others, a concerted attack was made on Sargent
and his administration; the new laws were dubbed contemptuously "Sargent's
Code;" and they were subjected to a biting criticism as being arbitrary and
unconstitutional. Instead of "adopting" laws taken from the statutes of the
states, Sargent and the judges had "made" laws, the leaders of the people
said, at variance with the constitution; capricious in their application;
and repugnant to the established principle of jurisprudence derived from the
common law of England. The governor and the judges had therefore assumed
power-—and "it is preposterous to conclude that men will not abuse power
which has already been assumed."

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i Introduction
The laws against treason and arson were pointed te as being unconstitu- ,
tional. The Code provided that any person convicted of treason should incur
the death penalty and forfeit all his property, real and personal, to the
Territory. The law against arson provided that the convicted person be pil-
loriod, whipped, confined in jail, not exceeding three years, and forfeit all
his property to the Territory. Severe as these laws were, however, they were
directed against evildoers. The large majority of the people flinched most
at these laws that touched the purse which, as has been said, is attached to
the sensory nervous system. The fees of $4 on passports and $8 on marriage
and tavern licenses were strenueusly protested as being exorbitant. The fact
that these fees were paid to the governor made them even more objectionable.
Early in the summer of 1799 the opposition to Governor Sargent and his
administration began to crystalize. In Juno, presentments of the grand
juries of beth Adams and Pickering Counties presented long lists of grievances.
In August, a committee of inhabitants addressed a strong letter of disapproval
to Governor Sargent and one also to both the governor and the judges. These
letters were highly condemnatory of the administration and of the Code of
"...let the Country be divided into proper districts--let
the People have the priviledge of recommending the Officers
of Militia--their interest will be the same, and their con-
fidence mutual-—many who have been in the habit of Voting
for a President of the United States think it peculiarly
hard upon this occasion, that they cannot recommend a Cap-
tain or subaltern in whom they can confide--let your field
Officers be popular--let them be Americans, free from all
foreign prejudices, and such as have never ploughed with
the heifer of intrigue--.the People will shew them to you
Sir, if you will permit them--.the Justices of the peace
and other Civil Officers should be of the same description ‘
-—no foreign predilection--
Let the laws be cut down to a constitutional standard,
or rather let the Laws be adopted agreeably to the erdi- '
nance of 1787. and let them be administeied with firmness,
tempered with clemency and humanity...."
On October 2, 1799, the Committee of Inhabitants through Narsworthy
Hunter, one of its members, presented to Congress a petition saying among
other things that:
"...Your Petitioners beg leave to remind Your Honourable
Body that many of the Citizens of this Territory have fought
and bled in the cause of America; a Cause which had for
its Origin, the usurped power of Britain, to compel Amer-
icans to obey Laws and pay taxes which had not their own
consent--And the triumph of America has established the
following fundamental Maxhn in American politicks (Viz)
that it is the birth right of every Citizen to have a
Voice by himself or his representative in the framing of
l. Clarence Edwin Carter, (ed.), The Territorial Papers of the United States,
Washington, 1935--, The Territory pf Mississippi, l79U:lSl7, 1937, V, 75.

_ · * Introduction
Laws and imposing of taxes--The late Honblc Congress has
composed for us a form of Government in which not even a
Shadow of this precious privilege is retained in its
first Grade--.The executive, legislative, and Judicial
authorities so carefully seperated and limited by the
constitutions of the Elder States, are here mingled to-
gether in the hands of three or four individuals, who
have but a partial interest in the Laws which have been
made; for except the Judge who has been long an Inhabit-
ant of the Country, none of the Officers appear to have
the qualifications, directed and prescribed by the Wis-
dom of the Ordinance, in order to blend their interest
with that of the permanent Citizen--No lands in their
own proper right are held by them--
Judge Tilton came to this Country and remained only
until a Code of Laws could be framed, in the Opperation
of which he had no concern whatever--He then left us we
_ presume to return no more--Judge McGuire after a few
months residence here, is about to return to the State of
Virginia--and he being the only Judge of any considerable
Law knowledge, which has been appointed for this Terri-
tory--our Situation will be pitiable indeed--But in the
ample variety of your resources, we have not a doubt but
you will find a sufficient and effectual remedy...."2
0n January 13, 1800, the documents relating to the Mississippi Territory
were presented to a Committee of the House of which William C. C. Claiborne
of Tennessee was the chairman. On March 5, 1800, the Committee of the whole
House reported that there did not "appear cause for further proceedings in
the matters of complaint for mal-administration against Winthrop Sargent."
Congress, however, on May 10, 1800, made provision for advancing the Terri- ‘
tory to that of second grade which status provided for a popular legislature,
with power to override the veto of the governor by the usual two—thirds
majority. The triumph of the opposition seemed evident.
Accordingly, on April 5, l80l, as soon as knowledge of the election of
Jefferson to the Presidency reached Natchez, Sargent, leaving the government
to Secretary Steele, departed for Washington with the purpose of defending
his administration before Congress and seeking vindication by a reappoint-
ment. But on May 25, 1801, President Jefferson through Secretary of State
Madison, notified Sargent in a carefully worded letter that it seemed "ex—
pedient" in the interest of general harmony and mutual attachment between
the people and public funetionaries to fill the station of governor with
another than Sargent. Jefferson accordingly, on May 25, l80l, appointed
William C. C. Claiborne governor of the Territory. Governor Claiborne ar-
rived at Natchez to assume his duties in November 1801.
Sargent, who had married into a prominent family in the Mississippi
Territory, returned to Natchez where he lived until his death in 1820, a
prosperous planter, on his estate of Glouster near Natchez.
` 2. Ibid.,81.

. } I
The controversy in the Mississippi Territory between Sargent and his
opponents was an interesting reflex in a remote settlement of the controversy
then going on between the Federalists of which Alexander Hamilton and John
Adams were the proponents; and the anti—Federalists led by Jefferson. The
opposing political philosophy of these two groups was quite evident in the
contest between Sargent and his opponents in the Mississippi Territory. The
presidential election of 1800 was a triumph for Jefferson and his democratic
principles as well in the Mississippi Territory as in the nation.
P. L. Rainwater
State Director
The Historical Records Survey
Jackson, Mississippi
· Juno, 1959

l Page
,_ Title h
( A. 1. A Law in aid of, and in addition to the regulations of
the Governor, for the permanent establishment of the
Militia of The Mississippi Territory
2. A Law establishing courts of Judicature
(February 28, 1799) .................... . 5
3. A Law Respecting crimes and punishments
(February 28, 1799) . ...... . ..... .... .... ll
4. A Law establishing a court of probate
(February 28, 1799) ..................... 19
5. A Law regulating Marriages
(February 28, 1799) . ........... ......... 23
6. A Law Respecting oaths of office
(February 29, 1799) ..................... 25
T E 7. A Law concerning Defalcation ’
(February 28, 1799) .......... ..... ...... 26
8. A Law to regulate Taverns and retailers of Liquors,
and concerning Indians ‘
(February 28, 1799) ........... . .... ..... 28
9. A Law Respeeting Sheriffs, Coroners, Recorders and
10. A Law to prevent Trespasses in‘divers eases
(1.1amh 19, 1799) ........................ 40
11. A Law concerning Aliens and contagious Diseases
12. A Law for the regulation of Slaves
13. A Law establishing and regulating the fees of the
several officers and persons therein named
(.1p1~11 s, 1799) ...... . .................. 49
14. A Law for the dividing the counties into Townships and
constituting constables and overscers of the poor
(April 5, 1799) ......................... 71

 ; vii A
Table of Contents
15. A Law directing the manner in which money shall be `
raised and levied, to defray the charges which may
arise within the several counties `
(April 5, 1799) ........................ 74
16. A Law for allowing Domestic Attachments
17. A Law for the well regulating of Gaols and Prisons
18. A Law directing the Building and Establishing of a
Court House, Gael, Pillery, Whipping Pest and Stocks
in every County ‘
(April 12, 1799) ....................... 88
19. A Law for opening and regulating Highways
(April 12, 1799) ................. . .... . 91
20. A Law regulating Domestic Attachments
21. A Law allowing Foreign Attachments
p (April 15, 1799) ...................... . 99
22. A Law Regulating Enclosures ‘
(lxprii 15, 1799) ....................... 101
25. A Law for the easy, and speedy recovery of small debts
(April 17, 1700) ....................... 10:1
24. A Law authorizing the Governor to establish public
(May 5, 1799) ....................... ... 109
25. An Act to Regulate the admission of Attornies
(May 1, 1799) .......................... 110
26. A Law devercing Jehn`Walton from his Wife
(May 27, 1800) ........................ . 112
27. A Law in addition to the Laws, for the Regulation of
Slaves and Indians ‘
(May 7, 1800) .......................... 113
28. A Law creating the office of clerk of the Legislature
(Oct. 5, 1799) ....................... .. 115
29. A Law to impose a fine on persons refusing to fill the
office of constable
(oct. s, 1799) ......................... 116

 j viii
50. A Law to provide for the Inspection of Gins, Cotton
Presses, and cotton, intended for exportation from this
(October 5, 1799) ...................... 117
. 51. A Law pointing out the mode of entering Special Bail
out of term time
(September 1, 1799) .................... 119
52. _ A Law to prevent the importation of Distempered Cattle
inte this Territory
(scp-amber 21, 1700) ................... 120
55. A Law fixing the place where the supreme Courts for
this Territory shall be held, the number of Sessions,
and the time for holding them
(September 21, 1799) . ..... . ........... . 121
54, A Law directing in whose name Roeognizances shall be
(September 21, 1700) ................... 122
55. A Law to enable an obligee or obligees to bring an
action on a joint obligation against one or more of the
obligers when any of them are not residents of this
Territory. And also to make obligations and premissary
notes assignable and also receipts for Cotton
(September 21, 1799) . ................. . 125
56. A Law directing the mode of binding apprentices
(September 21, 1799) . ..¤............... 124
57. A Law to doverce Elizabeth Hutchins, from John
Hutchins, Her Husband
(October 5, 1799) ..... . ................ 126
58. A Law extending and defining the limits of the Gael
yards in this Territory
(May 27, 1800) ......................... 127
59. A Law in addition to, and amendment of the Law for the
permanent establishment of the Militia of the Missis-
sippi Territory
(May 27, 1200) .....................,,.. 129
40. A Law authorising the Session of the Supreme Court
at the County on Tombeckbee, whenever it shall be
(May 27, 1800) ....................... .. 151
41. A Law te alter the tnnes of holding the Supreme Court
in the County of Adams, and for other purposes
(October 2, 1800) ..................... . 152

Table of Contents U
42. A Law to alter; and amend a Law heretofore passed in `
this Territory, entitled "A Law fixing the place whore
the Supreme Courts for this Territory shall be held,
the number of Sessions and the time of holdin; thcm,"
and for other purposes ‘
(October so, isoo) ..................... iso
45. A Law to Render Promissory Notes and Cotton Receipts
negotiable, and for other Purposes
(October 50, 1800) ..................... 158
44. A Law to alter aid amend the Law respecting crimes
and punishments ‘
'       Illtllllullllllllllll  
45. A Law to direct the mode in which honies may be drawn
from the County Troasurors and for Other Purposes
(October 50, 1800) . .................... 165
46, A Law providing for the speedy Trial of Slaves
(October 50, 1800) .................... . 167

 .' Sargentis Code [ll
Mississippi Territory
( Seal )
A Law in aid of, and in addition to the regula-
tions of the Governor, for the permanent estab-
lishment of the Militia of The Mississippi
All free male inhabitants between the age of
sixteen and fifty, the officers of civil government
appointed by the president and senate of the united
states, or commissioned hy the Governor; ministers of
religious societies, that are or may be established,
and regularly educated practising physicians, only
excepted, shall be liable to, and perform military
duty, and Le divided agrceably to thc order of the
commander in chief, into corps of horse and foot, and
formed in the following manner
Sixtr-four rank and file shall form a com an of
3 P Y
lnfantrr or rifle men or a Troo of horse.
3 5
To each company of infantry or rifle—men, there
shall be appointed a captain, lieutenant, and onsign,
four sergoants, four corporals, a drummer and fifer.
To a troop of horse, one captain, one lieutenant,
and one cornot, four sergcants, four corporals and
one trumpeter.
The whole militia of the Territory shall, until
_ thc commander in chief may otherwise direct, be form-
ed into two legions, and boar the naxos of tho counties
to which they shall respectively appcrtain, so soon as
such shall bo erected and laid off.
A Lieutenant—Colonel shall conmand each legion,
and there may be appointed such other field officers
‘ as the commander in chief may doom necessary.
Thor; shall also be appointed to each legion, an
adjutant and a qu;rter—mastar and whenever the com-
mander in chief shall believe it essential to the well
ordering of the militia of this Territory, he may
appoint an adjutsnt 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 cxrtridgcs,
three flints, a priming wire, small portmantoau, and
such other arms and accoutremcnts, as the commander
in chief may direct.

 l Sargene’s Code [2]
Every militia man who is enrolled for service on
foot, shall furnish himself with a musquet 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 reason-
able time given, in the judgment of the legionary
commandants (not exceeding six months) to enable him
to procure the smnc, at each and every time of default,
be fined in the sum of three dollars.
The officers shall be armed and accoutrcd as the
privates, with the addition of mnords only for the
Upon the second saturday of each and every month,
officers commanding 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 bayonet for the infantry.
There shall be four field days in each and every
year, to be named by the commander in chief, or the
com andants of legions under his order, upon which
the respective commands, that can, in his judgement
with any convenience be assembled, must be exercised
as legionary corps.
e If any person enrolled in the militia, shall re-
fuse er neglect to appear, upon the regular stated
muster or field days, after being informed by a com-
missioned 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 order-
od; he shall be tried by a court martial, and upon
conviction thereof, shall be fined in a sum not ex-
ceeding 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 scrgeants, who is

 4 Sargent's Code [3]
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
eommandants 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 re-
quire, (provided that in all cases where detachments
are ordered by ccmnandants of legions, report thereof
shall be made without delay to the commander in chief)
and in case of refusal to appear and perform duty, un-
der such authority, or disobedience or neglect of or-
ders, in time of service; the defaulter shall be deemed
guilty of cowardice, and be heard, tried and sentenced
by a court martial.
All officers shall be attentive te 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 them, by the commander in chief, or
other their superior officers.
lf 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 that of a lieutenant.
Courts martial may be appointed by the commander
in chief, or the commandants of legions, but the com-
mander in chief, only, shall have the power of approv-
ing and carrying into effect, sentences ef courts mar-
tial, whereby the punishment shall be capital, or an
officer cashiered; and the commander in chief is author-
ised and impowercd to remit fines that may be inflicted,

g Sar&ent's Code L4]
where it shell apperr iron the oaths of two credible
= witnesses, that the person fined, is unable to pay .
the seme, without great distress to himself or family.
The free male inhabitants ebove the nge ef fifty,
- shell arm and eccoutre themselves either as the envel-
ry or these who serve en feet {et their own option)
but they shell not be lieble to military service ex-
cept in cases of actual invasion, and under the imme-
diete direction of the commander in chief.
The foregoing is hereby declared to be
e law of the Hississippi Territory,
this twenty·eighth day of february
enn; demini one thousand seven hundred
end ninety—ninc. In testimony of which,
we have undersigned our names and caus-
ed the public seul to be thereunto
Winthrop Sargent
Peter Bryan Bruin
` Daniel Tillten

YQ Sargent'S Code [5]
E Mississippi Territory
i (seai)
, A Law establishing courts of Judicature
A court, to be stiled the General quarter ses-
sions of the peace, shall be holden and kept, four
times annually, in each and every county, and as
shall hereafter be directed by the Governor.
And there shall be a competent number of Jus-
tices in every county, nominated and commissioned by
the Governor, under the seal of the Territory, which
Justices, or any three of them, one being of the
quoram, shall, and may hold the General Sessions of
the peace according to law, and may hold special
sessions when, and as often as occasion may require.
Each and every Justice shall have power and authority
in or out of sessions, to take all manner of recogni-
zances with or without surety, for good behaviour, to
keep the peace, or for appearance at a superior Judi-
catory, whether to the quarter sessions, if out of the
time of sessions or to bhe supreme court of the Terri-
tory, as the case may bo; to answer to charges exhibit-
ed, or crimes committed in the view of such Justices,
or any of them, and whereof they have not competent
power to hear and determine. And in case any person,
or persons shall refuse to enter into recognizances
` as aforesaid, and to find surety when thereunto required,
it shall and may be lawful for such Justice or Justices,
in or out of sessions as aforesaid, to commit the
person or persons so refusing to Goal, there to remain
until he, she or they shall comply with the order of
such Justice or Justices.
All rccognizanccs for the peace, good behaviour,
or appearance at the sessions, which shall bc taken
by any of the Justices out of sessions, shall be
certified into the said General sessions to be holden
next after the taking thereof; and every recognizanco
taken in or out of session, for suspicion of any man-
ner of crime not cognizable in the same, shall be
certified before the supreme court of the Territory
at their next succeeding term, or before a court of
oyer and terminer and general Goal delivery for the
county, to be holden next after the taking thereof,
without concealing or detaining the same: and if any
person or persons shall forfeit his or their recog-
nizances of the peace, good behaviour or appearance
the recognizance se forfeited,