Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-03-03
PRoTEST.

] he undersigned, being ofthe minority the
House of Representatives o. Mississippi, pre-
sent this, their solemn protest against the pas
sage of bill to be. entitled sAn act requirinr
the several banks of this State 10 pay specie
and for other purposes"
In protesting against this act, the under
signed feel bound bv their convictions of duty;
to use strong language of censure and conden-
nation. They characterize the act, without
otherwise impugTnng those that passedit. So
unprecedented an attempt upon the rights and
liberties of free peOp'e deserves the severest
reproaches, and the undersigned, as the repre-
sentatives of men yet free and determined to
remain SO, are bound to record the truth IN Lam
gHage.as decided as the act is violent.
In the outset they affirm that they are not
theadvocates or apoIogists 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
ofthepeople. as shall be just and constitution
| al. But they vii not legislate injustice; nor
tranple the constitution under foot, nor rob the
meanest citizen of his rights. If such legisia-
ton be required, the undersigned are unwilling
to become its Instruments. The people do not
desire it, but demand reform, the correction Of
the excuses, and guarantees against the abuses
of the banking system. and, even in such
work, WI frown with Indignation upon all IN
fractions of the constitution; and all violation of
the obligations of justice and good faith.
The undersigned are satisfied that by the
vigorous exercise of constitutional powers, the
Legislature can efectually accomplish such re-
form nthe banks and currency, as Is at al pfac-
ticable and desirable while the act under con-
siderationis not only unjust and unwIse IN its pro-
visions. but must and viii sgnaIy fad to achieve
its avowed purposes and while distraeiiflg,
agItating, and embarrassing the community,
will prove feeble and utterly worthless as a
measure Of redress.
The act however in It's practical operation,
its long tram Of suffering and evil, Of tunult,
litigation and violence, Is as nothing; when
compared with the doctrines upon which alone,
it must rest for excuse or justification.
The bill requires the banks to pay at certain
times all their notes of certain denominations,
not excepting those which may not then be
due. 1t requires s'Payment to. be made at the
Banking house, whether said liabilities be
made payable at such banking house or not. y
Thus requiring the banks to do what they
have not engaged or promised TO do, and max
ing. failure to comply with these unjust and
Illegal acquisitions the ground Of forfeiture; Of
charter, and Of penalties on free citizens;
amounting to ruin and disgrace. Failing COM
pliance, the Governor, il. authorised to take
proof Of facts as grounds of forfeiture; sit in
Judgment on those facts, and finding them true,
by his own uncontrolled judgment; without the
presence or defence of the accuseds without
!. even the Forms of trial, and without jury
who are the only constitutional triers of fact.
to issue his proclamation FORGETTING the rights
ofcitizens ofthis State and others to the amount
; of millions of dollars.
: Thus commencing with injustice, proceed.
ING without the inteFventioil Of iudpe or iurv
: investing IN the Governor mere judicial pow.
z er, by the constitution assigned to the people
{ IN the jury box as part of the judiciary pow.
= er, the act proceeds to make It q Deniteftiar,
! crime to act in contraVention Of the proclaT "a
: ton, and thai IN such loose terms to de6ne. FL
ofienceg as are unfit to be made the pra.und !
J, severe punishment in any free country.
: The bill still further provides IN the All ser
4 ton, that efor the disobedience "a the nroces
Il of injunction and the order of any such Jndrt
s. the SAID Judge may direct an attachment "a
contempt To issue from any Clerks Office. Re
s tnfnahle before him forthwith. and shall hav
r power to impose fine and imprisonment e
j such contemps, provided. that such fne. sha
5. not exceed $leJ0. and he term Of imprisor
= ment not exceed six months thus obViousl
y attempting to take away from the citizen IN
3 sacred right of trial BY Jury, and placing h
y condemnation 10 less Of property nd libert,
= ii the hreast OF single man, and By sunpps
- RI proceeding
AS # these paIpablyy Illegal and unsoastitl
s tiona provisions did not sutficiefIs1r invade Ii
81 rights Of the people, the SIKH section ef Il