Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1841-10-21

; OF any loan or debt, shall be protested /
senate or House OF Representatives =
"a that 1t shall be agreed To by a major
lty OF each house Sd, entered on rhei
journals, with yeas and nays taken Their.
on 4lh, be refer red TO the next succeed
ing IeglsI AZURE 9Th, be published in. THE
; newspapers Of the State for the space c
'hree monlhs previouS to the next geRer
al election 9th, passed by a majority {
the legislature elected next after Sue
publication and 7th, approved by tn
Governor We're not these requis
tons complied with. at Weast IN cdnrem
pIaHon OF law, aud the purvlew and mean
ING OF he constitution That the acr'or
ginated IN one Of the Two branches Of tn,
l'SisIatare, cannot form matter OF doubt
mat It was passed by u majority OF eact
! house, the journals Of the Legislature
prove that Il was entered on the Journals
wIh the yeas and nays taken thereon,
the journals also establish: that it was
reiet red to The people at the next Legis,
!alure, the 47th section Of the Charter it.
sell shows. which enacts that, "the filth
section, whereby the faith Of this State is
pledged, NC, be referred 10 thh next Ieqis.
Iature, IN pursuance OF the 9th section Of
the 7th article Of the constitutional that
1t was passed by a majority of the next
legislature, the journals ofthat body tesli.
iy; and, that II was approved blythe exc,
cuilVe on the oh OF February, 1888, none
will conlrovert.
But II is contended that the act was not
published IN three newspapers in this
State for three months previous 10 the
next general election, and therefore, it is
no law, and the bonds we're ssurd under
a void authority, The journals of the
legislature Of course, do not show wheth-
er the necessary publication was made or
not. That such publication was made,
IS asserted by some and denied by others
How the fact really is, have no means
OF aScertanlag-nor does it matter. In
the latter clause Of the 4lh section Of the
,harter OF the bank, provision is made
or It's publication, under the direction Of
he Governor. A more proper person
'ould not have been selected TO superin-
ed its publication. The constitution
merely declared that the act should be
published, and did not designate who
should attend to It's publication. 1t Ger
AMY dld not contemplate that the le.
5lSlature, as body, should do apv thing
more than order the &C; to be published;
Or II published at any time, or by any
person, IN obedience to such order, for
hree months before the next election of
members to the legislature, it would MSS
ureuly have been considered legal pub
lcatlon, Then 1t seems TO me that all
he legislature could do, was done, in or,
erng the publication oflhe act, and una
ing 1t obligatory upon the Executive to
&c that 1t was done. Who were the
ersons to lie satisfied Of the fact of pubs
cat'ou' The members of the legislature, ,
no were sworn to support the constitu. ;
on Were they satisfied The presump-
on is that they were-Ior they have {
lssed the act, and we must not charge
em with a direct violation Of their
-rhs. Who else is to be satisfied The a
:ecuilve-lor he approved the act, which t
unconstitutional, It was his power and
ty to veto. But he did not veto it, but a
act gave 1t his sanction and approval; 0
ereIore, we must inier, for chari,y'S d
Ike, at least, that be too was satisfied Il
at all the forms and requIsitjons of the fl
institution had been fully complied with d
he never would have signed and appro. "
d the act. But, the fact Of publication CT
lSt be presumed, aad, in law, cannot be D
IuIred ato. ihe Charter or act OF in O.
operation, Is public act, is IN the ma ri
re OF law, and, as such, must be con- is
'ued. It's conslltuIonaIty mast be iudg- le
OF according to what it purports to be in
Oh Its fac, which the courts OF the coun- be
, cannot look beyond, 1t is well set "a
d rule IN the construction of law that, hl
cry thing is to Be presumed u favor Of b,
constItutonaliiy, A multitude OF anN G
,rItles might be referred TO in supper, tn
this position. Gu
4 he people, through their Representa- to
es, as have shown, have declared that, an
State may be sued in the court OF ur
lncery. Then, when sued, she comes an
court, to answer as Il mere lnllvidu tn
Her case is 10 DO heard and decided II
N the same rules and principle OF law al.
llcabe to the case Of an individual or eSt
vale person, Suppose, then, that Co
IS commenced against mere private pee
sou, aud the plaintiff relies upon an sol
Of the Legislature to maintain his OF
e, which act the defendant alleges to be be-
How will the court de. tiv
nine the question? 1t will alone Ioo; tbt
he context, terms and subject mater
he aw--the face Of the ACT, IN deciding lat
n It's consitutIonality. 1t will not ref
init the defendant 10 90 beyond the ant
Of the act. Then, it the State in sub upc
ing herself to be sued in the ordinary Car
rts OF the country, has placed herself, latl
N sued in the attitude of a prIyate ned