Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-09-11

and am for standing ~ 10 eur aEtsemsnla ad
abiding by The award ~ decision. IL apPsars 70
ur therefore, that las party, called the anti bond
party, should bold lhis language, W. deny that
the State is under 0uI obligation 10 pay these
bonds, and We never viii pay them; or make any
provision, for their payment, even II IN the MINOR
rs, uaW We are compelled by decree Of the
superior Count Of Chanesrv, or Of the h gh Count
OF Errors and Appeals. We are determined, on
net paying them, without a law SUIT Let The
bond holder hle his blIl 70 the proper count. as
soon as he pleases, and We w be NGre Should
the decree 20 against US, and The court not con
vince Us Of our error, 10y their reasoning, We vii
pay these bonds though we will do n grumhtng
w. But our opponents canno, hold thu language
nor determine on iaJs course OF conduct They &C
knowledge the debt. Provision can be made or the
efstepsbe taken, lor lis psymeutas well before
as after sHt Consequentlv,io preserve the honor
and glory oil the State, about which they make
such pother, they should strain every nerve TO
prevent suit--shoud pursue such a course a. 10
take away all proteXt, on the part Of he bond ho
der, that he was compelled TO goto law 10 recoy'
er his money. What! Acknowledge debt and
then say =" Sue us'-coutend, that beyond the
possibility of doubt, you are under legal and
morsl obligation to pay debt, aud still want
your conscicncss to be enlightened by Chancel'
lor! This may be consistency, but,
"Sharp optics /, needs, ween &c"
have been led TO these observations from the
perusol OF d set Of resolutions adopted by late
Wing meeting in this place,
By the first resolution in relation 10 these bonds
the convention gave 1t as their opinion, that "the
Stale Is bound by every obligation of honor and
justice to pay them" Suck pin there.
by the second, ii is asserted, lbst by the con.
siitulon aud laws OF the state 10 the courts OF
Chancery and Errors and Appeals, belong oil
questions relating 10 the validity Of these bonds.
But let ns tell these wings. il does not follow that
any one Of these questions must necessarily be
brought before either Of those courts that de.
| ponds upon circumstances. five shall make
provision for their payment, as we ought, il We
acknowledge We in Justice owe the money, the
bond holder will certainly not trouble our courts
and oven if We should nsgi'c!o make any such
provision, It's not CERTAIN that the bond hoderwIIl
resort TO a suit. Mr. B,ddIe knows full well that
a complainant must come into court Of Chance.
~ with clean hands and if be has that superior
skill and cunning which this convention by enc
OF its resolutions strongly intnates be has, we
may rest assured that no will never show his
hands de6led with fraud, in any court having
chancery jurisdiction.
The third resolution lays down tho principle
that neither the Legislature, executive nor the PEG
pie in their primary o'se"'blt0" should "-'s"-.
Judicial power; and especially IN cases IN winch
the State is apuriy.
Admitting tho soundness Of tho principle, per-
nit me to ask why IT vas introduced here =
what is its applicability 1t is apparent, that the
convention intended TO inslnuste, at least, that
they were acting upon this principle. and their OPP
ponents "a opposition 10 II, And all this, because
we refuse 10 IlquIdate claim, allsdging it 10 be
unjust. With this mode Of rcasonlug,l can con-
Wet any lhgallng defendant Of assuming JUDICIAL
power. Refusal 10 pay, what We deem an unjust
debt IS the premise, The conclusion is, that We
assume Judicial power
The fourth resolution asserts "that 10 AK The
people nop 10 oppose the payment Of 'he sa'd
bonds, by Legislative actor, or 10 pledge them
selves against their ultimate payment, before the
court Of Cbancery has been called upon TO decide
eynces recklessness' &c.
Ihs resolution presumes OF indirectly n'serts,
that the anti.bond party are determined to IN
srucl their representatives., not merely 10 neglect
to make provision for the payment OF these bonds
but TO act uron the sublec--not merely to refuse
by dong nothing, bot refuse by some legislative
action, such as resolution that the State never
will pay the bonds under any circumstances. Is
| this presumption well founded ] have heard no
| anti express any such determination. This rcso-
linton II. ,, tha n hr
State 10 bring this question before count She
has no such power. twill be time enough to
speak recklessness, when refusal shall be made
after the decree shall 90 against US. No such
case Is before the people and old TeIlsboia Is
not wrong when be says, It Is unnecessary to
agl'ate quesllsn, which, in all probability, may
| never arse.
The fifth resolution is in these words. Re
solved, That It the bonds, issued and sold on
account nj The Mis-. Union Bank were Illegally
and frauduently obtained from our legislature,
Governor, and special agents by the superior
skill and cunning Of Nicholas Bddle Esq, yet
we have full confidence that our court Of Glance.
~ land Supreme court in ts sphere upon an
| investigation Of all The facts, will do the State
ample justice and, that instead Of refusing be.
fore hand TO bear our portion Of whatever sum
nigh, be determined by those courts 10 be due
from The State Of Msssspp,ws hold i. 10 be our
duty, as good citizens, 10 await that determine.
lon."
THIS resolution Sa literary curiosity. II sup
poses Blddle to have been guilty Of the grossest
| fraud IN the purchase Of these bonds and yet he
will dare In come into court Of Equity; but this
is not all it further presunes that OUT court OF
equity will do hlm justice, not Ivy Diminishing his
bill, with gentle hint tina, uncledr hands are an
sbominaiion IN its temple, but by "a decree 10 his
favor The convention by this resolution also
assert that they " hold II to be their d@y,as good
citizens, 10 await that determination" namely,
the decree Of the court. ! told you to stick pm
down al the FIRST resolution. No were there told
/ Il Il IL. LA al