The Rodney telegraph. (Rodney, Miss.) 1838-1840, 1840-01-28

u refuse a her c0untee, every epectes q
'pnper currency except her own notss, pay
able on demand. How then could the debt
Of sued on the transferred paper in the fede.
raj court, pay the executions. except u gold
and silver? Even If the bank should BE- al
such times receiving deprecated paper al
her counter, and The District Attorney &C.
ceptng such currency in payment OF the
executioGs under his control, Il would De use.
less to the general government 1.-THE ex'
ecution against the bank and its sureiies Il
star ed no longer than next Juns, Il will be
utterly impossible to collects dollar on the
transferred paper sued on in the Federal
court. A term Of this court, however, will
intervene; and if the court once take juris-
diction, It will retain il, thus the U. 8. gov
eminent would be made the instrument oil
defrauding our state courts Of their jurisdic-
ton; defendants would be taken from their
respective counties to the city Of Jackson
and to Pontotoc, to defend the suits institu-
Ted against them. The costs of collecting
would be FIVE timesas great as in the State
courts. The causes would be prosecuted
and decided, and the executions levied, and
money collected by officers not directly
accountable to the people of this State
Those who rely on collection in the State
courts to meet demands against them in the
federal court, would be in many cases en-
tirely ruined. Are we tamely to submit to
such outrageous encroachments on our state
sovereignty? 1.-THE debt to the government
is already we'll secured, it has no Legitimate
right to take collateral security in the shape
Of bills receivable.
The District Attorney refused to show or
state the contents Of his instructions to the
commissioner; he denies the right of"the
bank commissioners or the Governor to know
what his Instructions are" Ifhe is correct
in that position, and the instructions and
correspondence relative to the transfer are
confidential, he has violated his dnty, in
showing that correspondence TO sundry in
dividuals, and making partial statements in
public journal relative thereto. 1t is a
we'll settled maxim in law, that the best ev-
idence the nature of the case admits of shall
in all cases be required. fthe instructions
of the proper department at Washington au-
thorized the District Attorney to make the
agreement he has, there can be no lmpro-
priety in his showing them publicly. The
open day and secret night of THE transs4-
ton will certainly be exposed.
II the district attorney has represented
the debt unsafe, and the Bank and sureties
combined unable to pay it, and recommen-
ded the transfer of bills receivable as coIlat-
eral security, when the security of the gov
eminent did not warrant such proceedings,
on his own head the responsibility must rest
The collection Of the Government claims
are confded to the district attorneys; their
always have great weight
with the various departments at Washing
ton-although they they are appointed by
the National Government, they are subject
to the laws of the States in which they re-
side. II they are guilty Of acts oppressive
IN their bearings, the Legislature, the grand
inquest of the State, will not fail by memo
rial or resolutions to make facts known, and
% call for the punishment of the guilty. It
IS the opinion of some that the federal court
cannot take jurisdiction of the suits arising
IN paper transferred to the Government as
collateral security. Even if this position
should be sustained, the parties defendant
will have to pay enormous sums to fee coun-
el TO attend to their causes, and will have
o be prepared with their witnesses to go to
rial ON the merits; if their pleas to the ju-
isdiction snail be decided against them.
The ID section of the Sd article of the
constitution Of the U. States, provides that
the judicial power shall extend to all cases,
D law and equity, arising under this consti-
ution, the laws Of the u. States, and trea-
les made, or which shall be made, under
heir authority; to all cases affecting ambas-
adors, other public ministers, and consuls
. all cases Of admiralty and maratime iu-
isdiction; to controversies TO which the u i
'tatas shall be party; to controversies begl
Ween two or more states; between state
nd citizens Of another state; between citi-
ems of different states; between citizens OF
he same state claiming lands under grants
{ different states, and b tween state, Or
he citizens thereof, and foreign states, citi
ems Of subjects"
If suits are brought in the Federal court,
10 u. States will be a party to the contro-
ersies, and the cases will arise under the
Tvs Of the u. States. The district attor-
ey will insist on the courts taking iuris-
iction, and the only plea that could be sus-
lined ooder the circumstances, would prob
bly, 81. that the claims had been fraudu-
,ntly transferred for the purpose of obtain
e speedy judgments, for the sole use Of tho
Igricultur6t Bank. do not believe that
10 national government will sanction trans
~ Of bills receivable for such unholy pur-
Dses. -
The PlaDte1 Bank owes the Govern
lent the sufn 81 1890, 1893 "a, and heve
ndestood that regulations haxe been nd |