The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1841-08-14
JACKSON, Miss, July 81, 1871.
James Elliot, Esq, President Of tke Ms
sissiPpi Union Bank.

sissiPpi Union Bank.
SIR:-Your communication of the 18th
inst, in which my opinion is requested.
as TO the liability of the State of AIissis-
sippi upon her bonds, te-and sold
by the Union Bank, has been duly con
sidered.
Deeply impressed nth the Importance
which the question has assumed n the
eye of the civilized world, have BE-
slowed upon it all the thoug ht and reiiec-
ton which my mind IS capable OF afford
ing. Constituting an engrossing theme
of State politics, 1t has necessarily given
rise to that diversity Of views. which Is
ever exhibited in times OF party excite
ment. Unbiased BY motives OF eifheE
personal or political character, the lnves-
tigation which have given to the sub
ject results in the clear and deliberate
conviction that, the State, IS liable, upoa
the soundest principles Of moral and e
gal obligation.
rus Il Il, that therc & Go proeess
known 10 the law, by which q State may y
peaceably enforced to discharge or IL
quidate her debts-however honestly or
legally contracted. Those who trust
State, alone depend upon her faith and
honor. The State of Mississippi. except
as to such powers as are surrendered 70
| the Federal Government, IS j free and
independent sovereignty; and although
she has established a constitutional forum
where all controversies arising between
the State and individuals are to be heard
and dete rmined, still, in no event, can
can she be reached BY means Of an exc
cution. But the question involving the
legality or iItegaIity of the bonds, : one
which the people or citizens Of the Safe
are legally incompetent to determine for,
in obedience to the requIrsIti0us OF the
10th section of the 7th article of our
Constitution, the Legislature have con
ferred uron the court of Chancery orr
ginal jurisdiction of all questions which
may arise between the State and indivId-
| ais, whether citizens or aliens That
law provides "any person or persons,
deeming him, her, or themselyes,to have
a Just claim against the State, may file 4
bill in Equity in the superior court OF
Chancery, against the State of MIssisSip-
] pin &c. Then, it is perfectly clear thar,
where any controversy exists as to the
legality of any claim against the Stale,
, the only lawful and constitutional forum
4 where the question can be tried and set
f tied, is that appointed and constituted BY
the law. The decree of the Chancellor,
, or of the the High Court, in case OF aP-
peal, on such a case, would be binding
, and obligatory upon the parties, and
there can be no truth IN the argument,
that such decree, if rendered against the
t State, would not Ge binding, ''in relation
J to the rights of the parties to the con,
stituttonal compact" Who, let Us en-
ouire, are the authors and trainers of ths
Constitution? Who delegated the judi
cial power? The people themselves
They authorized and empowered the LIE
gislature ''to direct in what manner AM
in what courts suits might be brough
against the State" They then immedl
: ately delegated to the Legislature tn
; right to establish the court Of Chancery
: with this judicial power, and consequent
!. Iy, the decree of that court, upon hear
!. ing of this question, would not only D
r obligatory and conclusive, upon every dc
o partment of the State Government, 81
would be binding upon the whole people
The Executive has no authority wnatese
to pronounce upon the legality OF IN
State Bonds, and when he underta !
do so, it is a high assumption OF Powel
= ON his part, and in derogation OF the fur
! damental law of the land. Il IS the e1
4 ercise of judicial power, aud therefors
in utter violation of the LIST section {
4 the Cd article of the Constitution, whle
= declares that, athe powers Of the %
: yernment of the State of Mississippi sha
r be divided into three distinct department.
and each of them confided to SsParal
body of majistracy, to wit; those who
are Legislative, TO one; those which 81