Holly Springs gazette., 1841-09-23

o
act OF PubIicatIonE The members of the Legislature Xh,
were sworn to support the Constitution Were they satisfied
ne presumption Is that they wereor they passed the ac
ana we must not charge them with violation of their
W no else waste be satisfied The Execuve-r he
yea the acr which, unconstitutional was his power and
duty to veto. But he did not veto but in fct ae i bi
SANCTION ana apProva therefore infer for charys
sake at least that he satisfied that all the forms and
qusions OF the Constitution had been fully complied with
I - e nt Wouid nave signed and approved the But
e dc = Puotcaon must be presumed, aud, law
be inquired lato The charter OF act of
puod acs IN the nature OF law. and sues nlu be con-
Sauea lis consth ulonaliy be Judged according 10
what It purpors to be upon It's face which the courts the
country cannot look beyond well settled rule in the
cosl OF law that every thing be presumed in IA
EoI VI Us cohstuonalIy multitude authorities ght
be Ieferfed to In support of this position
lhe people, through their Representatives as I have
shown have declared that the State NAV De sned IN he
court OF Chancery Then when sued into court
10 answer as individual Her case is to be decided
upon he same rules and principles law applicable to the
case OF an individual or private person. Suppose then thai
SUIT IS commenced again private person and the
plaintiff relies upon act ofthe Legislature to maintain his
case winch act the defendant alleges be unconstitutional
row VIII the court determine the question: will alone
look 10 the coctex terms and subject matter ofthe aw-the
iace OF the act deciding constutional;tv Il will
not permit the defendant to go beyond the face ofthe
men, INC state III snbecng herself to be sued the ord
nary courts OF the country has placed herself when sued
ne attitude OF private person. far the suit concerned
oil course she bound by the of law and evidence
the Charter ofhe Bank Incorporation having been
passed by second Legislature and having received appro
oe presumed IN all respects constitutional The argument
IS susceptible OF many familiar illustrations The Constiu-
on requires ha every bill shall be read and passed three
seFe tne n each branch OF the Legislature be signed
by the Speaker &C. and the approval of the Cover
Cor before shall become law. Now the mere fact that
the bill read and passed three several times IN each House
no necessary part OF the and appears upon It's
race ana the judiciary must presume and take for granted
that all the reqsons of the Constitution have complied
te Senate would have signed aud the Governor
proved IT, Every law OF act read from the book if
my position correct would be proved Another
section Of the Constitution declares that M bills for raising
revenue shall originate the House of Representatives
Now the TACT that such bill originated the House cons-
teS no part OF the b and yet that fact be presumed
give ehect-And why2 Simply because those who passed.
gued and approved the sworn officers of the people
aud we must not presume that they violate their duty Other
striking illustrations drawn from the Constitution might be
adduced Ia support OF this position But contend farther
na the State estopped from den wing publication
have shown that the members OF The Legislature and the
executive were the only persons who to be satisfied
that the act was duy published. They the only proper
y constituted Judges appointed and chosen by the people
themselves, oil the tact publication. They by passing
and the Governor by approving have declared TO
world there barrier pedimtn
70 the passage and approval ofthe actha the requsons
OF the fundamental law mad IN all things been complied WITH
and therefore, the constitutional Iepeat that the
Constitution makes them the sole judges of the fact Of pub
lcation, and this not assertion In Peters Reports
10 the case OF Ross VS. BaTand ct ais. page &C., the
decides this prIncpleCommIsSioners appointed
der the act, relative claims OF lands of the United
States south State of Tennessee and were authorized
hear evidence the tual evacuation of the territory
the Spanish troops and to decide upon the facts The law
them the power hear and decide all respect
ing sucn claims and decide thereon according Justice
equity The decided they bound pre-
that eveEy fact necessary the certificate
The terms Of H. proved before the commissioners and
conseque az sh0cn to the that the final
ce spanish troops took place The 30th March 1893
Now, apply this principle the hand The Cousli-
tuition authorized the Legislature pass question:
under forms and requsions All those forms and requson
actually appear have been complied with but the fact
publcallon-Ihe members ofthe Legilature who alone
mad the rghtto pass the and the Executive approve
upon The knowledge evidence of the publication
cessary the only judges OF the fact the kind and char
acter OF the evidence requisite establish Then they
the constitutional judges of the fact the an
degree OF evidence requisite prove that fact then
bound to every fact necessary the
age and approval OF the Then the State eopped
and forever barred from enqung the fact of pubca
ona What Is the the States defence Let
suppose suit has been Instituted upon her bonds These
bonds bear upon their face the highest of their e
gally The Goyesnor has signed themthey counter
signed by the Treasurerand attesed by Great Seal
State The State pleads that there law authorizing
their execution The law produced, and appears have
been passed BY two Legislatures and approved by the Exec
uye- But urged that the published anl
the States counsel propose to show that fact What will t