Letter from Robert F. McGinty to William O. Chapman; September 6, 1866

Fayette Miss September 6_th 1866.

W_m. O Chapman Esqr

Dear Sir

Your letter of the 22_nd of August came to hand on the 4_th inst & contents noted.

Your proposition meets my warmest aprobation. We have been discussing the same thing in this part of the State, but had not come to any definite conclusion as to how we could proceed most successfully.

To frame a law, that will best serve the purpose for which it is intended; is the most dificult point.

With due defference for your opinion on the subject; I beg leave to state my objections to the propositions contained in your letter; as not being sufficient in all cases [Last two words underlined] to secure to the Officers of Court their fees.

1_st If Plaintiffs are only required to pay costs after [Underlined] judgment is rendered; & on condition of its being enrolled, many will never be enrolled; for there are many Plffs who will not pay even 10 or 20 dollars to have a judgment enrolled against a Defendant who is utterly bankrupt.

Many judgment were rendered at the last term of our Court, on suits commenced in 1861, which are not worth the enrolling fee; & of cause the Plaintiffs would not pay $25.₀₀ more or less, to have a judgment enrolled which is worthless.

2_nd The collection of costs as they accrue, would be a good idea, if it is provided that the suit be stricken from the docket on the failure of the Plaintiff to pay the amount on demand.

The law in Louisiana in regard to the collection of Officers fees is a good one, provided we cannot get a better one. [Space] Suppose an effort is made to have a law passed similar to the one governing the subject in the U.S. Courts i.e. that the Plaintiffs be required to pay the sum of ten, fifteen or twenty dollars at the time of filing his suit, said amount to be taxed in the bill of costs & collected from the Defendant.

I feel deeply interested in the matter, for the following reason; I have issued one Hundred & fifty executions to the next term of our Court, & on many of them I have old Sheriffs fees taxed, for work done from 1856 to the commencement of the war; it is true that any law that may be passed here after will not effect

[new page]

old fees but I will have the satisfaction of knowing that I will not work for nothing [Underlined] again, if a good law is passed for the benefit of the officers of Court.

The first work I done as Sheriff in 1855, was on a case which is now on my docket

I hope you will excuse me for having volunteered my suggestions on the subject; but I have done so because I am anxious to see a law passed that will enable officers to collect what they work for, believing that "the laborer is worthy of his hire".

Any assistance that I can render in the matter will be cheerfully performed.

Very Respectfully Your Obt Svt

Robt. F McGinty Clerk