Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1840-02-27
PROTEST


sent this, their solemn protest against the pas
sage ola bill to be entitled san act requiring
the several banks ofths State TO pay specie and
for other purposes"
In protesting against this act, the undersign-
ed feel bound by their convictions of duty, 10
use strong language Of censnre and condemna-
ton, They characterize the act, without 9TH
erwse impugnng those that passed il. So
unprecedented an attempt upon the rights and
liberties of a free people deserves the severest
reproaches, and the undersigned, as the repre-
senaives Of men yet free and determined to
remain SO, are bound 10 record The truth in Ian.
guage as decided as the act is violent.
In the outset they affirm that they are not
the advocalesur apologists Of bank abuses, but
they are now as they have always been, ready
and anxious to cooperate with the majority OF
this house in passing such laws to correct the
evils OF banking, and TO remove the grievances
otthe people, as shall be just and constitutional.
But they will not legslale injustice, nor tram
pie the constitution under foot, nor rob the
meanest citizen OF his rights. Ii such legisla-
ton he required, the Undersigned are unwilling
TO become its instruments. The people do not
desire 1t, but demand reform, the correction Of
the excuses, and guarantees against the abuses
ofthe banking system, and, even in such work
will frown with indignation upon all nfractions
otthe constitution, and all violation of the OBJ
legations of justice and good faith.
The undersigned are satisfied that by the
vigorous exercise of constitutional powers, the
Legislature can efeuay accomplish such re.
form in the banks and currency, as is at all
practicable and desirable; while the act under
consideration is not only unjust and unwse in
It's provisions, but must and will signally fail
TO achieve its avowed purposes; and while dis
tracing, agitating, and embarrassing the COM
munity, will prove feeble and utterly worth
less as a measure of redress
The act however in its practical operation,
It's long train OF suffering and evil, Of tumult,
litigation and violence, is as nothing, when COM
pared with the doctrines upon which alone, it
must rest for excuse or justification.
The bill requires the banks 10 pay at certain
times all their notes of certain denominations,
not excepting those which may not then be due.
1t requires "payment TO be madeat the Banking
house, whether said liabilities be made payable
at such banking house or not" Thus requi.
ring the banks to do what they have not enga-
ged or promised to do, and making failure to
comply with these unjust and illegal requisi-
of penalties on free citizens, accounting to luin
X and disgrace. Failing comp6aace, the Cover
nor, is AUTHORISED to take proof of facts us
grounds Of forfeiture, sit injudgment on those
facts, and finding themtrue, by his own uncon
trolod judgment, without the presence or de-
fence fthe accused, without even the forms Of
trial, and without jury who are the only
constitutional tricrs oiiact, TO issue his proca-
nation forleting the rights Of citizens of this
State and others TO the amount Of millions oil
dollars
Thus commencing with injustice, proceeding
without the intervention fudge or Jury, inves
ting in the Governor mere judicial power, by
the constitution assigned lothe people in the
jury box as part of the judiciary power, the
act proceeds to make It a peniteniiary crime to
act in contraveniion Of the proclamation, and
that in such loose terms 10 define the offence
as are unfit to be made the ground Of severe
punishment in any free country.
The bill still further provides in the 4th sec
ton, that "lor the disobediencc to the process
of injunction and the order OF any such JUDGE.
the said Judge may direct an attachment ior
contempt to. issue from any Clerks Office, re
turnable before him forthwith, and shall have
power to impose fine and imprisonment fer
such contempt, provided, that such fine shall
not exceed $1,000, and the term Of imprison-
ment not exceed six months" thus obviously
attempting to take away from the citizen the
sacred right oftrial by jury, and placing his
condemnation 10 loss OF property and liberty, in
the breast Of single man, and by summary
proceeding.
As ifthese palpably, illegal and unconstitu-
tonal provisions did not sufficiently invade heI
rights Of the people, the sixth section Of the act
proceeds by direct enactment 10 legslate away
the rights Of citizens of this and other states
acquired by assignments. many if not all of
which are unqucsIionabIy legally made, of
notes ofindvdualsIwho had borrowed money Of
banks, and also OF private partnerships, called
'voluntary unchartered associations for bank
ing purposes" by providing that although the
law allows such assignees the same rights of
action as other assgnees Of individuals, the
defendant who is in most cases a stockhoderI
or accommodated borrower, shall have the
right, the new right attempted TO be conferred
by thisa to pay in the deprecated paper oftheI
persons or bank transferring tho note-mosl
probably in payment Of demands, which should
have been paid in specie. The latter part of
this section is Of the same class, and always al
debtor borrowing Of a bank the paper Of any