Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-10-19

| iNod'iJ aditilt tfldL tho TIL. ..
"whole law" proposing to D ,S% and b.
of the State and issue the b P,eIge he eS
referred; but deny that a law must \.
Of law, not proposing 10 CIV CIV. VI any us a.
debt or pledge its faith. its ra .ea!e Sta.
referred. The word "lawn ?;qol'ed 70 /
constitution in its ordinary an used il h.
law accePtation. 1t is rn dau cOnpoo
by the Legislative authority. Prsscrbes
ton of an act Of The Leo;sIo,,H Each sc
in itself, is ''rule" or SIne, cOnpe,
ject matter ofthe section q 70 thespb.
Legislature, composed Of man U aci Of Tie
rate and distinct sections is cc and sen.
many and distinct laws, becsnsoa supposed Of
ton forms rule for legal scs; each sec.
Penltentiary act has MANY so ae'iOh' Oh,
defines murder and its p1niSbr nOns' Que
ferent degrees, &c.-anotber des Its df
glary-a third larceny--a fo rsanes bur.
and SO on. 1.-THE constitution baa arson,
red that no law punishinp nn "au fequi
death should be passed, unless !, ' With
posed and passed in one LcU;,I,ssaS pro.
referred to and passed by a sn iule and
Legislature, and that section If y
Furnishing murder in thu FIRST dep,s sa' sst
death, had been alone referred :, o' - With
ceeding Legislature, and passed \ " ', sue
cond time, could the murderer. ssa ae =
conviction, say TO the Judge, Won .a.I a
pass judgement upon me; the law sua0
constitutional, because the whole = w.
all the other sections in relation 70 ~
ry,' arson, &C., were not referred E
answer would be, the constitution o nit
require the "law" Furnishing murder ~!
death to be referred for the action Of 4.
next Legislature did not REQUIRE o,s.'
laos in the Penitentiary act TO Be- So ~, rL.o'
red. The tlaw,' that is, the asoc,o"n
Furnishing murder capitaIIy, was ref.
red to and passed by the subseons,,
Legislature; It is therefore the "Law oftSa
land" ~'
1t is settled principle of law that On.
section of an act may be unconstilution,i
because at is late Inconsistent NTH a,
constitution, whilst the other sections A..
constitutional, because they are laws con.
slStent with that instrument. The Te0;,
lature did not refer any other of the 3.
tons of the act Incorporating the MISS.
slpPi Union Bank, because the subier,
matter ofthese sections did not reoni,.
that they should be referred, and becapSs
they intended their constitutional powe,
to issue the bonds to be absolute and m.
qualified, as provided in that section
subject only to such conditions and s,in'
ulatlon as might, by acts of ordinary
legislation land which would be sDb;pc,
TO repeal or notification be ANNEXED
I'd. The secondsobiection, that the law
was not published the length oftime reoni.
rel by the cons titution, is unsustainable
The ground of the objection is, that /, WAS
published In the papers less than three
months. This is fact that cannot now
be enqulred into. The 47th section of
the original act directed the law to be
printed under the superintendance Of the
Governor. The subsequent legislature
before they passed it a second time. was
obligedto be satisfied of the fact of oubIi.
cation. The executive, before he an.
proved 1t, was also, by his oath, compelled
to know that il had been legally publish.
ed vi the fact of publication, the legis.
Iature and the executive, are, bv the con.
stItuilon, and the law of the land. the OF.
elusive judges. The publication. | admit
is necessary by the Constitution, but the
question IS, no is TO ascertain the faet7
" nose Judgement IS to settle the uatterI
surely, 1t could not have been intended
that tins fact might be inquired INFO col
literally, at any distance of time 81
all the newspapers in which the Flaw vac
printed were lost, and the Witnesses who
could C, prove it, were dead or removed =
me bonds were payable in 70: Is. IS ana
~ years. The fact of publication mich,
De easily ascertained and proven The e.,
lew years, but before the PRINCIPAL If the
bonds became payable, the proof m;ob,
De, and IN all human probability. would Be
.oSt. but the answer 10 this obiecr;on
is OBVIOUS. Many constitutional nro.
Visions, are directory to the ley;sla-
ture' Many princip piles of the Com.
mon law are also directory 10 it. In
all such cases the action oftbe leg;sla-
ture, npon facts it must ascertain heforo
it can legally act,is conclusive. not tba,
IN reality, the facts are always as the L.
glslatuIe, by its action and judgement,
suppose them to be controYerted. The
principle of law applicable to all sueb
cases. u.s. that to whatever tribunal,
J or Legislature, is con-
hded the power ofjudging of facts in
gwen case, the judgement of that
tribunal IS conclusive. When dispu-
ted facts are submitted to Jury, how
ever erroneous, is conclusive, so long
as the verdict is undisturbed. And
IN cases, when it cannot be set aside.
the parties, are forever concluded BY
t. Ii A be indicted for murder, and
the case be clearly proved, but the iu-
y acquit him, the fact tina; he is guilty.
though proved by the testimony of an
giles, cannot again be inquired into.-
Why! Because the power TO whom
vas con6ded to judge of the fact of
murder, has decided, however errone-
ously,) that he was not guilty, and toDo
human power was confded the right
of setting aside the finding ofthe jury.
SO In cases where the court might set
ne verdict aside, but refused to do so,
lowever erroneous the finding of the