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

luu lidl INC Fala iIellutts uuu AeW S"PaIlueIa
~ the unconstitutional, Illegal and immoral ttans'
action, are personally responsible 10 lhe holder Of
said bonds notwithstanding that ihe bonds are
drawn IA he name Of The stale This may, by
some, be considered a mere conclusion but, rev.
ettheess ! CONSIDER It to be fully Justified and
sustained, by the laws Of the land and Ly the
most chi,te system of morals. Why, may be
permitted 10 ask, should a legal or moral OBJ
isahon accrue 10, or fell on the state. on account
oil ibIs Transaction more, OF other than would
Il any other like number of individuals Of the
State, not being members o The Legislature
should have performed The same identical acts and
things as have been performed by The members
# the Legislature Of 1888 and those acting un-
der theml III any one should eouleud that there
would, such an one proposes to Eanctiy on illegal,
unconstitutional, fraudulent, aud immoral act or
deed, because or on accoun, that the same was
performed or committed bya person entrusted with
an authority, not to do the act or deed, but pro-
hibded from doing the act or deed and required TO
do another and very different act or thing, by VIZ
tue Of such authority which would be lnonslrous
and absurd il the extreme. Toexemplly this posi-
ton more fully; II Ike number Of citizens Of this
State 10 the number oflhe Legislature of this State
including the Governor and the Treasurer Of
the State, Of equal responsibility, should unite
together, and by fraud aud forgery enter into
an agreement, puTporilng to be an act OF the Leg
stature OF the Slate, and 10 iurlhefsnce of such
an agreement, should execute bonds in the name
oil the Stale, and should soil such bonds to an in
/ dRldua not cognlzNnt OF the fraud and forgery,
and who believed tbal such bonds were really the
bonds OF the State. no one except It be one ~ho
WAS interested III the ptrpctraon Of the fraud and
forgery and he effects tbereo, would contend
that tho people should be taxed To pay such bonds.
| Then, II the members OF the Legislature, IN
ciudmg, tie governor and Treasurer Of tho
Slale, having no authority aud being prohl'
bed by the constitution Of the state should as
scmbe, not IN accordance with The constitution
and laws Ut the State, but by the violition oil
their own will, aud unite together, and by fraud
aud forgery, pass an act. like unto the supplement
lary act to the charter Of the Mississippi Union
Bank, to obtain a Ioan Of len millions of he dol
lars on the credit oil the state, and were to cause
bonds 10 be executed by the Governor Oh The
State, in The naue OF the State, and to be soll' TO
person ignorant Of the liaud and forgery, AM
should obtain the money from such person or such
bonds, aud place II IN banking in tuition cIea,
by such act, IN this State, would the law or
morality OF the latter proceeding be different from
the former proceeding, by persons not filing oHi-
clal stations! My position in relation to the question
now before the Senate CLAIMS aud contends that
Il would lot; but The position o. those opposed to
me, CLAIMS and contends that II would, and that
/ 4
The Official station oil the members OF The legsIa.
tme the Governor and the Treasurer olthe State,
would not only justify and sanctsiy the crimes OF
fraud and forgery but would also create legal
aud moral obligation on the people oflhe State
10 pay such bonds by taxation have mol; nor, do
believe, that either law or pure morals hayel
such sovereign fespec; for the Unauthorized acts
OF Official iunctpnanes; aud trust that there are
very lew PERSONS IN this land OF liberty who have.
! The doctrine prevails IN England that "ihe King
can do no a. ong, ''und II may there be justified.
on The ground that, the government of that king.
I, dom considers, tina, in the King, Jas in the PEG.
! PIE o' luis ahle,l - cou.rntated aud vested the
c supreme, OF SOVEREIGN power oil The State. Bat.
, trust IN Gods name that the doclrGe, that the
official Iunctonatles Of thus State, the representa-
'nes OF the people, in the several departments Of
the government Of this State "cdn do no wrong,"
never Will prevail in this State.
have demonstrated to Two things: the FIRST,
(Which has not been controverleD is, that the sup.
Elementary act 10 the charter oflhr Mississippi Uni.
on Bank Is unconstitutional and VOID aud the sc
eohd (Which rs eorolary To the irsD IS that the
hondseNeeuted by The Governor OF The State for the
MISslsSIpp Union Bank 10 procure or obtain stock
10 SAID bahk for Tits State, not the bonds OF the
State but are the bonds Of Tie lnlvidual members
oilhe Legislature OF 1888 WIN voted for and pass.
+ ed said supplemental act, and their agents and Co
Il partners 10 the illegal transaction.
!, The legality Of my last concluson,may be admit
II ted by my opponents, We, they might question the
y justice Of such conclusion as TO whichl would re-
: mark that the liability OF the members of 1855 wht
- voted or and passed said supplementary act, ans
! Their coparlners IN the ega Transaction is in sccor
y dance with the principles OF the StrlcteSt Justice
" they without The authority Of The people OF tn,
N State, and contrary 10 clause in the constitution
al the STATE expressly prohibiting the act BY them pc
lprmed, passed said supplementary act, and cause,
ne bonds 10 be executed aud sold and by themselves
u Their CO partners and agents IN the lega rauSac
tton, mot the agents n The Slae,) the Mississippi
Unlon Bank, received the money and made them
/" seives 10 law and IN morals personally responsible
~ lor Il, and II they now have not The money the
~ have had il and have used it, as the yoon Of thel
IN VIII directed, and should IN Justice and IN morals
IN not IN aw,reund OF pay il back 10 the bond holder
A These appear To me admit that the bonds shnul
be paid, and 50 do l. but we differ as to WHO sha
y pay them they contend that the whole population d
~ Tie State should pay them by taxation and they giy
y as reason, that the people received the money,
not exactly that the people oil the Slae received III
lo money but that their agtntihe MisssSsslpp mo
!, Bank, received II for them, contend the who
' population Of the State should not pay said bond, b
~ taxation, and give as reasons hal The people ,
oe the State did not by themselves or by their agent
Il, receive the money, that SAID supplementary act wa
IL N violation oiand apahle and gross fraud on III
of constitution OF the State, and that therefore all III
Of acts and things done under said supplementary ac
Is not the act nl the State hut is alone the nhydu;
" act oi the members OF the Legislature Of 1888. VIII