Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-07-24

position, thai the III, assent and opinions "' 'ae
people, the soyttsisns Of this State, are onF
known By the constitution, iheW written Wills 10
which their wiIl is fairly aud fully expressed aud
made knowu 10 themselves, to their agents, anG
to tie whole world, and the laws enacted under
and IN pursuance Herewith, ihe constitution beng
always paramount IN the law.
shall now, Mr.. President, make few passing !
remarks, as 10 the design, utility, and sp'ri OF the
constitution of Mississippi IN geneial, aud then
the particular section cut Of which, or connected
with which, arises the present unpleasant ques-
ton. | Imagine the people Of this State, know
ing that convenience al least, Il nothing more, re'
ou,rsd that the functions Of the government of the
State should be discharged by agents, and being
Jealous as all heemen should bel ol their rights
their liberty, their honor lest unalihlul agents
should transcend their authority aud ,uiict INJURY
on the rights, liberty OF honor Of the people, with
out any check or mode of redress, was the lunda-
mental ground and reason that the people OF the
State had IN ealing Il convention ct tie people,
and in forming the constitution oil the State oil
Misses ppi, which is not only the fundamental law
of the State, but is also Especial letter OF alto
ney, to the seyera agents or officers IN the seNc
raj department ol The goye,nnet OF tins State, N
prescribing what such agents shall not do
| The particular section Of the constitution, out
Of which IS connected with which, the present
question arises. In the woldS following:
| "Src O. No law shall ever be passed 10 raise
loan Of money upon the credit OF the State. OF 10
pledge the faith OF the State for the payment 81 re
dcmpuon Of any loan or debt, unless such law be
| -. ~ Ii.uya oT
lives aad be agreed to by majority OF The mem.
hers Of each house, and entered on Their journals
with the yeas and nays taken thereon, aud be re-
feued to the next succeeding legislature, and pub
Ished for three nonihs previous to the next reeu-
lar election, IN three newspapers OF his state; aud
unless majority Of each branch OF the leglsla.
iure 50 elected, alter such publication, shall agree
10, and pass such law; and lnsuch case the yeas
aud nays shall be taken, and entered on the jour
nails Of each house, Provided That nothing IN
this section shall be 80 construed as TO prevent the
legislature from negotiating further loan ofonc
AND half million of dollars, and vestins the same
in stock reserved to the state by the charter oil The
Planters Bank Of the state OF Mississippi
This section ofhe constitution, is a marked
evidence of the abiding JEALOUSY entertained by
the people Of this State, as regards The Legislative
or law making agents generally, and especially as
connected with their credit NJ monetary matters
aud therefore il ever prohibits the action ol The a.
gents Of the people, unless that action sha be II
a prescribed form, Which is expressly SET olh II
tho constitution, thr people taking care 'c retain
{ veto or supervising power over tho acts OF the a
q GENTS, a. to the subject 10 which Tho section re
ales, which Is strong evidence Of Their great VIC
} lance and deep penetration into thar nights, ant
also Of Their great wisdom IN throwing constiu
tional protection around their rights, thrr liberty
and their honor. Besides Ibis, to answer Inc enc
of the present enquiry, 1t Will here he heccessar,
to place far construction on thus section OF TN
1 constitution Then what was the injury to b.
+. guarded against, and the remedy to eatiecied b)
, this sectioD2 The injury 10 The neople, ."hci
e was apprmendcd, evidently, was hasiy md IN
n froydent contracts on The credit, and pledges o
Q The faith aud credit Of the State and the rtmed
to be effected, was hat lmptowdeni acts shou'
Q moi be con4uumacd without delay and reflection
+ and hal II such mproylden ncts should be hn,lll
q performed without reflection, that such net
y should ro be obligatory On HE people OF 'h
!, The State, but chat the same shall be nh hbsoia'
d nuIliiy; hence this section prohibits the LegIsla
n ture from passing law to borrow money on tn
a credit Of tho State, OF to pledge the faith Of III
II State, for the payment OF redemption OF any Ioa
;. or debt, uness the following conditions precedeI
II shah FIRST 10 performed, VIZ; ISL the passage
', the lac, by a majority Of both branches 81 IN
c Legislature; I'd, that the yeas and nays be len'eI
. ed on the journals Of lhe Senate and House
;, Representative 3d. that the lac be referred 10 th
i. next succeeding legislature; 4lh, that the iar
If published three months previous to The next ger
J.. era election, ~ tree newspapers OF 'he oia''
Al and 9th, that majority Of the Legislature SO II
,r Ieced, after such publication, shall agree TO nn
" pass such iau 1t may here be properly remark
=, ed, that from the wording u this seciIon IND i
Of subject to witch i, refers, that the people tende
I'd TO guard themselves against two distinct specie
II, Of contracts or llabhites; first the borrowing M
to ney on The credit The Siale, and secondly, u
al pIedgln, the 10 It'll Of the State for The payment
N redemption OF any loan or debt, or liability OF al
nh other. The first clause, in these words, mo Ia
f. shall ever be pa SD TO rHisea loan ol money On ID
credit of the S,Btenseems TO contemplate dHe'
U. engagement Of The credit The state, to dire
III and unconditional liability to pay debt cohlIs
10 led by he State for is own purposes, and mol i
DO the purposes OF auother;or Insance,as was desig
NJ, ed TO be done by the fret section OF the suppl
III mental act TO the chatter Of the Mississippi Uno
ed Bank. The second clause, 10 these words. I
u. to pledge the faith Of the State Tor The payment
ms redemption Of any loan OF debt" seems to COZ
cy template dfcren, state Of things than the fir
ne clause II it does not, why was The addition
%. words used' ! suppose that the second claus
ee contemplated the creating liability for the de-
nd Of another; lor instance. as accommodation dra'
&c, er, endorser or guafantor, where The State moi
is be liable in the first instance, but is to be lab
ch on some contingency; for instance. upon The IA
Vt ure Of some other person Or corporation bound
il. the first instance to responsibility, for nsianc
En- as on hepIedge Of The lallh d The State. slip