Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-07-27
For the Argus.

MEssRS EDITORS:
If The letter Of the constitution Of the State
is the proper, and only standard, by which we
are 10 determine the obligation of the State
10 pay the Miss U. B. Bonds, the question is
easily determined. The constitution declares
that law to raise a loan of money on this faith
Of the State shall be. submitted to the people,
and receive the sanction of a second Lecisla-
ture. 1t Goes not say that part, of a law, or
that, that part, or so much of that part, as
pledges the faith ofthe State, shall go through
this process; but it says the law-that is the
whole law; the lawin full; with all its paris;
Tor portion, or section of a certain law, Is
no more that law, than the hand, OF a finger
stItutlon require that the law(with all its parts)
shall be published to the people! That the
people may know for what purpose, and upon
what terms, it is proposed that loan shall be
raised. 1t is derogatory to the good sense,
and intelligence of the people, to suppose that
they would pledge their faith for a loan, with
out knowing for hat purpose, and upon what
terms the loan was to be made. Suppose
thai, that part only, ofthe Miss. u B. Char
ter which pledges the faith of the State for
fifteen millions of dollars, had been published
for the consideration of the peope,) can any
man for moment suppose that it would re-
ceive the sanction ofthe people. Would they
not have asked for what purpose the loan was
to be madel Would they not have asked
whether or not,it was i'll anyways to rebound to
their benefit! Would they not have called for
the terms upon which this proposed loan was
TO be made! And would they not have with
held forever the sanction, until the terms had
been publlshedt But we are told that the Leg
Islatnre had the power to repeal any portion.
or part of that act, and amend it. We think
so too. We think that the Legislature had
the power, not only to repeal part of il, and
amendIt, but to repeal the whole oft and pass
new bill. But we deny, that the legislature
had the power To authorize loan of money
on tho faith of the State under law repeal
ed as to its parts,and amended, without it hav
ing been submitted to the people, and a Sec
and eglslature--any more than to raise
loan on the faith of theState underian entire by
new law, without submitting it to the people
and second Legislature. The law called
the original charter was repealed in several
parts, and amended. 1t could not then be the
same law:ald If not the same law, it is not the
law by which the people agreed that loan
might be made on their credit, and canuot
consequently, bind them. As well might we
be told that this State could be bound by a
law passed by the Legislature Of alabama. we
ale also told that the people can by their rep
resentatives in the Legislature change the
terms Of law, by which they may have
agreed a loan on their credit. We admit it.
They can change all, or any of the terms; but
10 change the terms of the law is to change
the law itself-iL then becomes another law,
and must consequently receive the action of
the two legislatures. Now the people did
agree that loan of money might be made
on their credit, according to the terms of the |
law called the original charter, and Is loan |
had been made according to the terms ofthat |
law, they never could have escaped the con-
stituhonal obligation. But the supplemental |
act is not las the term implies) an addition to,
bnt an alteration OF the original charter, which |
made 1t another; and different law; which I
law never received the constitutional sanction I
OF the people, and is consequently nulity-
But although we think itclear, that Eve mil /
lonssoan was made under.an act which never
received the constitutional sanction of the
people, we think it equally clear; (as we have
before said, in an article on the subiect) that
the State is bound according to the spirit, or
intention of the constitution. The trainers
of the constitution could have intended moth
ingIelse, by that section of the constitution
which requires law to raise loan Of money /
on the faith ofthe State to be referred to the
people, and pass second legislature. than that
the representatives of the. people, should not
pledge their faith, before they, the people, had
considered the matter flow the people
knew and well knew, that loan had been,
understanding to the supplemental act, they
had time to consider the matter, in all its
bearings and consequences. and they sanction
ted 1t, not only BY one, but by several leglsla.
lures We are however wilingiR as much as
The form prescribed by the constitution has not
been strictly adhered to: to say that five mil
ions loan was made ii violation ofthe consti-
ution. WewiIl notask those Who are scru-