Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1841-10-28
VOLUME 6.--NUMBER A.


always as the legislature, by its action
aud Judgment, suppose them to be, but
because the harmony and we'll being Of
society will not permit them to be contro-
verted The principal Of law applicable
TO all such cases, is, that to whatever tri.
buna, whether judicial or legislative, is
confided the power Of Judging of facts in
given case, the judgment of that trihu>
nal is conclusive. When disputed facts
are submitted to a jury, the finding Of
Jury, however, erroneous, is conclusive, SO
so long ~ the verdict is undisturbed.--
And ine lses, when it cannot be set aside.
the par j. are forever concluded by it,.
II A be c 1icted for murder and the case
clearly. WED, but the jury acquit him,
the 6s e[he is guilty. though pFaFes,
by thEsssF nlony OF angels cannot again
be inquired into. Why? Because the
power to whom was confded to Judge OF
the fact of murder has decided, (however
erroneously,) that he was not guilty, and
to no human power was conhied the
right of setting aside OF the finding oil
the jury. So IN cases where the court
might set the verdict aside, but refused
to do so however erroneous the iindfKg oil
the Jury and the refusal OF the court may
have been, the facts as found, are con
elusive on the parties, So the facts as
adjud ged by the chancellor orIudges OF
the Probate courts, in their DEGREES, are
conclusive. So DEGREES in the courts OF
admiralty are estoppels, as to facts adj
Judged, on all persons, because all persons
are considered as parties. The decision
of the commissioners, acting under au-
thority of the act Of congress, passed Sd
March, 1908 entitled " an act regulating
the grants ofand, and providing Tor the
disposal O. the lands of the Unied States
South of the State of Tennessee, was held
conclusive on all persons, and although
the TACT may be otherwise than adludged
by them, it cannot be controverted. Ross
VS.. Burland Peters Reports.)
The principle extends to the action OF
the legislature, whenever II IS Its duty TO
ascertain facts, before It's power to act
can constilutionally or legally be exerc's-
ed us where it is necessary. before
particular law can be passed, that Il GERS
tain fact should exist, the passage OF the
law is conclusive evidence OF the eX'Stencs
of the fact. AlI-who derive any interest
under the law, or who have an interest a
ganst it, are concluded. Thus before
bill of Attainder could be legally passed,
the pariamee bad. first, to ascertain the
fact OF ffeSsodAthe passage OF the law
was conclusive evidence oil that Tact, ana
whilst the law remained in force, the
heirs of the person attained, II they s"-
ed for his property, could not aver or
prove the contrary. 81 the parliament
of Great Britain, aud the State legIsla~
! lures, before the constitution OF the Unl-
ted States was adopted, had power 10
pass laws confscating the property OF
traitors or dissatisfied persons But before
these laws could be legally passed, the
facts of treason or disatectation had to be
ascertained, and the passage OF the law
estopped the heirs from showing Others
wise. So the legislature must Judge oil
the qualifications Of It's members, ana Il
the constitution requires freehold quail
i6ca,ion, il must exist, But it cannot be
averred that particular law was passed
by majority of one or two only, aud mat
some three or four, who voted for the
law. we're not free holders, because the
legislature was the Judge OF the TACT oil
their qualifications.
The third article and sixteenth section
of the constitution says, each mouse Oh
the legislature shall have all power neces-
sary for a branch of the legislature OF a
free and independent state" II 1t be las
! it undoubtedly ISL a necessary power 10
Judge, whether certain facts exist before
the legislature sconsttutonally en''''eu
TO act. il could not constltutlonalIy act
without first knowing the fact OF puollca-
ton, and although they may have been
mistaken or corrupt, in their conclusions
Of fact, it is not in my judgment, tue SUI
ect OF enquiry in suits lnstIIued oy 'n'iu
pc rsons, claiming interest under the ACT
My opinion, therefore, lsr that Inc Jaw
was referred aud published as fequ'rou
by the constitution. ....
II is, however objected, that admitting
all this to be SO, still the 3OIh section OF
the original act imposed a cond ,s;'h ,
which condition was not complied WITH
The section reads as follows
SEC. 80. Be it further enacted That as
coon = 4, directors are appointed, as herein
b before e provided for, they shall proceed to
,%e election of president, and the same
chill be notified to the governor OF the
state State who will Sthereupon execute to the
snid bank, from time to time, bonds IN a
S mount prp proportionod to the sums subscri,
hod and secured to the satisfaction OF the
directors, as required by the charter, un-
ri the whole amount of fifteen million five
hundred thousand dollars shall be furnish,
ID in bonds, as herein before provided
or.
,rL;. s,c,;o,, ,,os not n condition annex.