Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-08-31

- ""y iodu or debt, unless such
, "a De proposed in The Senate or
House OF Representatives. and bs
agreed TO by majority of the mem
Ders OF each house, and entered on
thelr Journals, with the yeas and navs
taken thereon, ands be referred 10
lne next succeeding Legislature. and
published for three months previous
10 the next regular election in three
newspapers of the State, and unless a
majority of each branch of the Lepis-
la'ure SO elected,aiter such publication
shall agree TO, and pass such law"
This provision declares that aDo
fa'o shall ever be passed &c. sunless
such la'e' shall be proposed &c. What
IS meant by the term "3a,r' as used m
TINS section Of the constitution To i
meant that the whole charter(being nm act
OF the Legislature embracing AZ sectionsl
but one section ofwhich designs or pro.
poses ''to pledge the faith of the State" q,
TO raise a loan Of money on the credit Of
the State" shall be proposed" "agreed
to" entered on the journals" "publsbed"
DC. DC. according to the requisites of the
constltution-ol that only that part of the
act OF the Legislature intended 10 s.ra;se =
loan OF money upon the credit ofthe state
or to pledge the faith of the State" shall
be Proposed" agreed to" and'published.
and preferred to the next succeeding
Legislature" &c. &c, according to the
requisites Of the constitution already refer
redlo,and quoted.
The term "law" in its general and
most comprehensive sense, signifies q
"rule of action" l Blackstone Com, d 25.
When applied to society and government
It means "rule of human action" rule
ofcIvlI conduct presided by the Legisla-
ture Black. Com. p. 20 Kent p. 447-
Each rule of conduct prescribed by the
Legislature according to the forms Of our
! constitution, for our government and d.
recton is therefore lac" For exam
pie, The valuation act Of 1910, contains
three distinct and separate "ld1cS" OH diff.
lerent subiects.-lt provides for the valu-
alton of property. By the 7th section il
prohibits aud renders void the sale ofpro.
perty under mortgages and trusts deeds
except sold in a particular mode. And by
the 9th section,it prohibits the sheriff from
Ievying on or selling a growing crop: each
Of these provisions prescribes a distinct
''rule of conduct" and IS for that reason
a distinct "Iaw" while the whole togeth-
er constitute but one act. Suppose the
convention that framed the constitution
had prohibited the legislature from pass
ing valuation law" unless the same was
proposed" "agreed to'' passed by two
legislatures s.. d.. rs now required by the
constitutional pledge the faith ofthe state
or to raise loan Of money upon the ere.
ii. Of the State. Would the other two
1asrS contained IN the valuation act, rr,re.
ly because they happen to pass all under
the same title, for that reason be invalid
without the same formal action.
On page 296 ofthe OLD revised code oil
this Stste, you will find en- act for the pun.
ishment of crimes and misdemeanors.-
This act contains seventy Eve sections,e
bracing distinct crimes, as treason, MUIR
der, manslaGgEiter, arson, robbery, larce
Nv, and other crimes and misdemeanorS
and their several punishments,each crime
J. prohibited, with its penalty annexed, be,
ing distinct "laws" or "rules of conduct
prescribed by the Legislature, and yet al
comprised IN enc act.
But 10 show the ridiculous absurdity o
the position that the whole act constitutes
but one lao, which could not become obi
gatory until the requisites just mentioned
were complied with, we have only Il
refer you to the 47th section of the &C
under consideration Itself, hereinafter c.
, pied. 1.-THE whole act proposed but che
law, requiring the sanctions mentioned
/, before it could have validity and binding
, force, as such, then the Atm sectio
! making the reference TO the succeedln
Legislature, and making it the duty of tn
Governor to direct its publication, couI
not have been constitutional, and of cours
could not have accomplished the object
. view, of referring the 9Th section. or hay
: mo publication made. The action of at
other legislature qualification" &c. &'
r would have been necessary 10 make tt
,fl 47th section "ldtc'"
So the act in the same volume entltle
!, Gan act 10 reduce into one the several &C
; and Darts of acts concerning the establish
:, ment, jurisdiction aud powers of The s
- perior Courts of law" contains l6S Sc
" tons, embracing the various ta'cs reg
!. lating the organization and conduct
n. our courts.
- One part Of an set may be constitution
e and anotIer unconstitutional, as decide
h. by our Supreme Court, in Sd Howar
g Repts. p. 25I.
. The 9Th Section ofthe act to incorl
~ ,atc the subscribers to the Miss. U.
: therefore "larc;" and is in the f
Il. lowing words: ~,
10 "& 5. BE 1t further enacted, II
nv in order TO facilitate the said UNI
k, Bank, for the said loan ofiltecn M
nd lions five hundred thousand dollar
On the faith of this state be, and is here
ng pledg I'd, both for the security OF t
q % capaital and interest. and that sew
:, thou sand five hundred bonds OF t'
ne thousand dollars each, to wit: elghte
lie hundred aid seventy-6ve, payable
TX, twelve years; eighteen hundred a
BIT, seyemy-fve, in fifteen years; eights
nd hundred and seventy-fve, in elghte
Inc years; and eighteen hupdred and
= twenty-five, in twenty years. and De
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