Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1840-02-22

Mississippi. present this, their solemn
protest against the passage Of 4 bill 60
be entitled ..An act requiring the seFeral
banks Of this State 10 pay specie and tor
other purposes.
I'm protesting against this act the IN
dersigned feel bound By their convietioas
Of duty, TO use strong language of cen
sure and condemnation. They ehasac-
] teriZe the act. without otherwise impugu-
ing those that passed IT. 80 unPrece-
dented an attempt upon the rights and
liberties Of free people deserves the
Il seyeresf reproaches- and ths uHtersigu-
I ed, as the Representatives Of meu vet
free and determined to remain 81. are
bound - record the truth ID language as
decided rs the act is violent
10 tie outset they affirm that thew are
not the advocates or apolCgis.s OF bank
abuses bat they are now as they have
always been. ready and anxious 90 CO.
operas with the ma .oritv oi 5his house
IN passing such laws - correct she evils
ef banking, and 10 remove the -fleval-
ccs Of the people as shall De l-s- AMI
constitutional. But they viii uo- leE1s-
late Injustice. nor trlmp.e tbs c1astl-l.-
ton uBder foot, nor rob lhe uela4st e5-l-
zen = his rights. II such legislation
he required the undersigned are uuW5I-
ling 70 become It's instruments The
people do not desire 5t 5u- demand r-
form, the correction of the excuses. and
V guarantees against the abuses OF gle
banking system, and. even in such
work, VIII fcown with Indignation upon
I all inlractous Of the constitution aaf AL
violation Ct the obligations or iastice .
aad good faith
The Undersigned are satisfied tha, hv .
the yigorols exercise Or co1sti-a-l olsl F..
I powers, tlE legislature can etf-c-la. Is f.
I accomplish such reform ID the blaks and .
currency, as is ut all practicable end de- .
sirable: wai.e the act under crl=llera- +
ton IS not only unjust and unV--a Cd I-s .
provisions. but must and wl-i s.-a4..E +
fail 70 achieve It's avowed purposes and .
while dIstEactlnE, gCita-llE- alI et-raa--.
RAISING thc community, wall prove feeble .
and utterly worthless as q measure &C F.
redress.
The act. however. IN lis ..re-. r1e-
ration, IFS long train a- suffering a-
evil Of tumIit, litigation ana Fla---ee-
is as nothing. when compare al.l -l.
doctrines upon which ai.ae- lr l--at -=-.
for excuse or Justification
The bill requires the banks te Er q.
certain times all their NOES OF certain
Denominations BOZ excepting tac~.
which may not then be due .-eeralrez
payment TO be made at the Egazia-
house. whether said liabilities a- allle
PAYABLE at such banking houses or l1---
Thus requiring the banks 60 G1 Hla- q
they have not engaged or promised On
do. and making "a failure 10 comp with
these unjust and illegal acquisitions the @
ground Of forfeiture of charter. and 81 a
penalties on free citizens. amounting to a
ruin and disgrace. Failing cCur. 51a-e. :
the Governor IS AUTHORISED to take proof 2
of facts as grounds Of forfeiture. ST ID s.
judgment on those facts and tl-Iag q
them true, by his own uncontrolled Izlz- s.
ment, without the presence or defence - q
the accused, without even the forms q q "A
trial, and without a jury who are che n
only constitutional trjers Or l1c.- - issue 8
his proclamation iorieItinE the rights q 2
citizens of this State and others Gu ile q
amount of miiLians Of dollars s.
Thus commencing with in Justice pro- 2
ceeding without the Intervention al Judge p
or jury. investing in the Governor a
mere judicial power. by the constitution =
assigned 10 the people In the jury box as q
a part Of the Judiciary power the act s
proceeds to make it 4 psnitenclarv crime q
to act In contrayention of the prociama- q
ton, and that in such loose terms 10 de- p
fine the offence, as are unfit To be made c.
the ground Of severe punishment in any s
free country. s..
The bill still further provides in the =
4th section, that s:for the disobe1ienee 10 Sd
he process OF injunction ard the order
Of any such Judge. the said Judge NAV O.
firect an attachment for contempt to IS yg
sue from any Clerk Office, refuruable d
before him forthwith, and shall have "a
power TO impose a fine and Imprisonment II
FOR such contempt, provided. that such 6
ine shall not exceed $1,000, and the p
Term Of Imprisonment not exceeding SIX s.
months thus obviously attempting - 4
AXE away from the citizens the sacred 3
right of trial BY jury, and placing his ..
to loss Of property aud @
liberty, in the breast Of a single man. IL
md by summary proceeding
As if these palpabIy, illegal and m b
constitutional provisions did not sufsi- c.
;iently invade the rights Of the people. "a
he sixth section of the act proceeds hv ci
iirect enactment 10 legislate away the "
lights Of citizens of this and other Il
states acquired by assignments, many If CT
lot all Of which are unquesiioaablv Ie- pa
ally made, of notes Of individuals v tho 10
lad borrowed money Of banks. and also al
+ private partnerships, called .voIunta- le
y uncharteFed associations for banking tr
by providing that althouga
be law allows such assignees the same re
ights OF action as other assignees Of IN fe
the defendant who Is IN most RI.
asses s.ockholder or accommodated In
borrower, shall have the right. the new &C
ight attempted 10 be conferred ~ this n
CT. to pay in deprecated paper or the to
ersons or bank transferring the note %
lost probably 10 payment Of demands. 4r
fhIch should have been paid n specie. SC
he latter part Of this section Is Of the ~
anne class. and allows DEBTOR borrow "a
lg Of bank the paper Of any ether
ank. 10 pay IN the paper Of The iatfer 81