Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-09-11
MIR. OLNISTED.
few weeks sine: al the Theatre. At the request
Of many, he wrote it out for publication.

lew "SoAs elHC- al ult HeaUo, Al Inc request
Of many, he wrote it out for publication.
This is very important question; and as il
is, in the man, 4 constitutional one, il NAV be
well 10 enquire what an American State Const-
tuition is, and how and by whom it Is made. A
constitution is frequently called tho fundamental
law. It's that which creates Government. A
government, then, is the crehrde Of a CoRsttu.
ton. The people, IN what IL sometimes called
their sovereign capacity, make constitution
Delegates, chosen by them, draw up an iusru.
ment, which they present to their constituents, for
adoption or rejection, and which, when adopted,
BY a majority, becomes this fundamental law.
The people, through their constitution do not
address themselves, or issue their behesis 10 IN.
dvlduals, but TO the government or 10 the several
departments, Of thot government, which they thus
establish. These departments are the Legislative
to snuct, the JudlcIa to interpret, and The Exec.
ulive to ertcuie the laws.
The Constitution, then, is tho rule of action for
tho government, and the enactm.nts Of one Of
these departments, ME rules OF action for indlyid-
uals. A State legislature would have unlimited
power, bad not the people, or the states Of the L.
particular state, in their State constitution, pre-.
scrlbed limits 10 this power, expressly or by i'm.
phcatlOn. The constitution The U, s. declares,
that state legislature shall not DO certain things,
and the people Of this State, by their Constitution
told their Legislature, that il should ret do Ger.
lain other things.
They have gone further,and enioned upon our
legislature the enactment OF certain laws Our
constitution lsprefaced by Bill of rights each
section OF which is an injunction upon the gov
ernmen, to do or not to do particular thing -
For instance The declaration that he right Of
trial by jury shall remain nvoIate--is nothing
more nor less,hnn an injunction upon each OF the
Of The government, that IT shall do
nothing 10 deprive a citizen Of this right. An
obligation 10 do particular thing is as much q
restrain, as an obligation TO abstain from dolng
a certain other thing
Wuh these preliminary observations, ! will
proceed to the examination of those parts of our
constitution, which bear upon the question be fore
us. The people of this State, by the 9th sec. of
The 18th Art, Of their constitution, declared to tho
world, that no single Legislature should borrow
money on tho credit Of the State. or pledge the
faith Of the State for the payment or redemption
oil any loan or debt, UNDER ANY CIRCUMSTANCES
UHyTEvER. Let rae repeat, that no single e-
gslature of the Safe of Mississippi can bind the
people TO pay such loan, or redeem such pledge,
UN0ER ANY CIRCUMSTANCES WHATEVER. Sc
cond The people, by This same section declared
to the world, that not even tiPo, three or more
legislatures could thus bind the people, except in
&c, tain manner or on certain conditions, therein
set forth.
Again. BY the 10Th sec. Of This 9TH AT, we
the people, told the legislature, that it should d.
rect by law, in what manner, and in what courts,
suits might be brought against the State"
The legislature, in 1898, the year, in which or
constitution was adopted, complied With this be.
hest, BY enacting, that L" it mght be competent
for any person or persons desmlng him, her, or
themselves, or body polite, to have q Just claim
against the State Of MlssissipPi,to exhibit and file
bill in equity, in the superior court Of Chancsfy
against the State OF Mississippi" &c.
We may as well confess It, for it is moi to be
d,nled, that this section and law, had escaped
the notice of all Of US, until very lately, when Mr.
Scott directed our attention 10 them, in his review
Of the Governors letter to Hope & Co. 1t should
also be borne in mind and confessed,that greai
majority OF the democratic party in this State are
antbond payers; and majority Of The wings,
bend payers. That there are some democrats,
who are bond payers, and some wings, who are
an-bond payers, is readily admitted Previously
to this late discovery, the antics contendtd, that
the bonds were issued, not oRlywlthoui authority,
but against an express prohibition in The consiitu-
tion--that the state never ecelved The money DC
&c. and therefore they would never consent to
then payment and, if in the majority, would
make no provision for such payment. The bond
men commended, that the people were legally, con-
stituiionally, morally, honestly and honorably
Bound 10 pay these bonds, and therefore that i'm
mediate provision should be made for their pay.
tnent, according TO their tenor; and gave outhal
If in a majority,they would make such provisions.
We still contend, that the people are under nc
obligation TO pay these bonds yet admit, U
speak only fer myself if the holders Of them shall
think .olherwlse, and shall dare to file their bill
against the State, as provided for by the law. o
1893, and the Courts shall decree IN their favor
II say, under these circumstances, Iadmlt, anC
even contend, that provision should be made To-
their payment. Il asked for my reasons; III!
only answer Is Because zoe so agreed" w
l.greod that in cases Of this nature, we would no