Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-09-04


ana see whether or uat he ~, -
Is and IL Il fad thar tie ag=s.a-. .'.- -a-.
10 ae''s he dd-taat his 1sr..... '-.-77s
'-'l 'Taasae,aHS. DO The gym, .-- exc:
creation OF Tie bonds 30 lie 49, l--.-,s-.
were performed, lie c1g-t nj. ~ y Vie .s
P.slnhH against such ,acsu,.og, -. --'a'' Is. u
console him with modes, ai... al
sell may be made to refund him N. go, --.
l contend further that tie Sat- d.
nom denying the iacl Of pubFca,.op-It.sl'-lie.
'l'A' The members Of lie Legls.a,ur. va
I'VE were not the only persons to be 'i';
AZ was da,y published. Taey are no, n. -. --'''
perry constituted and final Judge, of 81. i'-
'cauoh' repeat that the cons,iie,i,. % p.''
MAKE them the final Judges of the f,c,oI 80 <
''oh' 10 feIu'e This position, The bond,,v.r. -o''
introduced a decision contained IN =. - "a"
porl' al the case Of Ross vs. B.rl,pJ L.
OoO, IL reads thus Commissioners We, Tgs
ed under the oet relative 10 the claim, orI1r ~
the CaIted States, South of The S,ale ar. 1S
ana were authorized 10 hear evidence
oil the actual evacuation of the ,,r-.,... ne
spanish troops and to decide upon the lse. q' '
IA" gave then power to hear aud d,cil.. &c
tiers respecting such claims, and I, dsc;i. - "'''
according to justice aud equity. Tn, ca '''
ded that they were bound to presume rb,t..
necessary to warrant the certificate, m tb., ~
was proved before the commisson.r. ~
consequently il was shown to them ,h,, va
evacuation oi The Spanish troops took p,a ue aal
S0th March 1913 NDw,appiy this pnpr, StU0 lie
case. IN hand, If you can. These Cans
were by the act oil Congress created an
cal body, empowered with original and S,,I -I~
dlctlon. For this reason the court decided 49, !us
matters as had been investigated BY them an ,a' '4e
be again enqulred into. Their verdlct q, da A'''
which their certificate evidenced. was at.'sA
the acL OF Congress to be final therehre .o. I"
court could not be appealed TO- But not SO WIN t'
bond question. Our constitution declares tba, ,I e
Legislature shall direct the mode aud in what ., 1s
this very question shsl be ad Indicated. and ,,.I
gislalurc has accordingly designated The rm','
HE constitution authorized. The Lesl,Ialn,.',
pass the act IN question, under certain Turns mi
QUESTIONS, These forms aud acquisitions do pot,.
pear TO have been complied with" The MENU,
oil the Legislature nave lbe right to pass Other ,,,,
without reference 10 The vote OF the people, butusv
are by The constitution deferred IRON passing N,s
as this except the people parIske in the sciun--
except they Ire consulted ami consent. rhev s.,
were, constitute thrd branch OF the Legislature.
Nov, unless this bank charter was sent 10 The NJ.
pies department Tor their action and psssavr Tho
Governor had no more right to sign it than he wn5
have had had II been passed by the senate only or,
house ulrepresenlatves only. Let US ahsoozp ai,.
| LET n IA h1c h,a
her pretended bondS"-that they are against ann.
dlvldua, Qer the bondpayers are very partial ,ob,
kind OF IIlusrati0n) and that they are signed ami
sealed as the law directs. Well, now, A uepnn.
cipal, the peope, the agent, the Leg.Iature,spa
Z the bOndhoder who sues. Here we are. then
in court, the officer cries, Order silence, gentle,
inca and the Judge IS as sanctifed as SAINT
The case proceeds and A denies that lie gave
| authority to create and sell these bonds bul { e.
plies that did authorize 3, aud produces the au
thorI'y, the Constitution; the Judge reads and finds
that upon and only upon certain conditions did
authorize Is. Well, now, here are the bonds they
| appear 10 have been lawfully exrcuted--wha's 10
be done The Judge begins 10 swell, his eyes snap
and Hash, and his connltnince alternates with al.
unIbratens OF emotions o(s'mplthy and Indignation
II The thought OF the moral degradation about 10 be
I exposed. 'GenIlemen, says he, proceed IN his
case. the question for the deci'ion Of The Court IS
dld "A authorize u 10 execute and sell these bonds
IL appears That did upon cerlaln specified ruSd.
| IONS ami the bonds carry upon thsT acy prl@I
tdce evidence that should pay them: hence Il
becomes him TO prove that his agent did not contract
according 10 his authority The parties nov Inrr
! duce their witnesses and a , length the arguments
| close Gentlemen of the jury'-sayS the Judge
This case rests upon both law aud facts, and you &c
made competent to Judge of hoh.-1 hese bonds
| bear upon their face enough evidence Of legality 10
enllir the plaintiff to hearing before you il IS Of
you to decide whethLr or net the de lendans ager
! had right to execute ard sell these bonds-H
power OF attorney being special, plain, and sherWI
enable you to easily decide now that you have Int
facts before YOU 1t appears that A has not sane
toned the contract nor received the money therefore
! II you md that b transcribed his legitimate power
he is himself individually liable to &, and you wi.
return verdict for the defendant" But again =
! The members OF the Legislature N government
| like ours are The representatives. or agents oil the
! people, and their acts are blndln and obligatory OF
! the people, provided these acts are performed a
| the constitution directs. Now, although they had
no authority to do SO, but were charged BY the con
SttutlUn not TO do il, "yet il is truth thai cal
! be ,essy established that the Legislature oil tn
stale when convened subsequent To the eAeCu""
and sale of the bonds, by resolutions did recosnz
aAd approve the sale OF the bonds hat ls,they De
cided their own case in their own favor by declaring
they rad moi prevouSIy transcribed their au'lorl'
and that the people should hush up These reso
lutions are OF binding efficacy upon .the people :
Surely, if the agent tells the bondhoderS 'Iiat !! .
did exactly as his principal, the people, directed nO
to do, and that the people shall shut heir JG'e' an
defend no more-sureIy, surely al.er tins 'Ihey az
eso2ped from denying their liability The o'a'e
party to the contract, or bonds; and IS she no p
estopped, after having recognized the validity o. "a
bonds, to deny that she had right to eHeVe,
them = Why, how is this! don't know-els Sc.
The Stae-what is the State Is the LeglsIa''II
the State, or is it ony an agent OF the otaieI Il
strikes me that the people are very c0nsae' 'Hs
part ofthe State, and that the Legislature 'D ~
agent. Well, then, the people are party y,
contract, the Legislature and lis undersIrapps''
other party, and the bondholdeTs the thlrd parry.
seems then that the people have never reeSSnlh !;
the validity of these bonds but that Ule'
agent without authority 10 do so, has recos9TIHS'
hatr tha essn