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

order ofthe president, directors and
company, in the year
with interest at the rate Of five per cent
per annum, payable halfyearly at the
place named in the endorsement here
TO, viz:
On the of every vaor
until the payment Of the said principal
sum; IN testimony whereof. the COVER
nor oil the state of Mississippi has
signed, and the treasurer of the state
has countersigned, these presents, and.
caused the seal Of the state to be afix-.
ed thereto, at Jackson, this "a
the wear of onrTord
governor,
treasurer"
The object of the legislature was two
iold; lst to pass a "lqiD' to incoroornte
The subscribers to tine Mississiop Union
Bank giving to them certain priyileres
powers and capacities. And Dad 10 PASS
law TO false loan Of money upcn the
faith or credit of the State, TO enable the
corporation to relieve the wants of the
people. These were two distinct objects
requiring wholly different action, to rive
them the force and validity of "lascs. :"
The first required the action, of only one
legislature; The second required a strict
compliance with the Z requisites orthe con.
stltution before recited;-The 9th Section
above was therefore wholly distinct, aud
separate from tie rest ofthe act, not only
IN its object and design, but in its whole
hlstory.-It was ''retered" by ITSELF
became ''Iaao" by itself, and received by
ltsetfthe constitutional sanction. What was
the object of the 9Th Section Just quoted?
We answer ''to raise a loan of money!"
Upon whose credit, faith,or responsibility!
We reply, upon the credit of the State, up
On her faith, upon her responsibility, be-
cause, upon her Bonds issued in the form
above quoted, and designed 80 facilitate"
the Union bank, (Which had no credit, }
to raise the contemplated loan. The puf
chaser Of the bonds relied upon the obi.
CATION Of the State, and not on The obliga-
ton of the bank. The money acas ''rai'
Sed" and used to purchase stock for the
STATE, IN the Mississippi Union Bank. The
evidence of which, the Stale. ao1o holds
| If we are correct in the conclusion, we
deduce, from the foregoing facts and prin
cipes, that the 9Th Section alone was the
''iaao" proposing ''to raise the loan Of mon
ey" contemplated in the act, then We
have only 10 refer to the Journals of tht
Legislature, and we shall find that 18th,
iaW' ''passed to raise the loan of money!
to wit:the 9Th section referred to,was pass
ed according to the acquisitions Of Tx
constitution.
| That it was lst"Proposed"2nd "Agree,
10 by majority ofeach House" 3rd en-
tered on the Journals, with the yeas anC
nays, taken thereon, and 4th referred to
the next Succeeding Legislature, are al
proved by the record-the Journals o
1887. 9th, That It was published, does not
OF course, appear by the Journals, only in
ferentially By the 47th Section of III,
charter, It was required that the &C
should she published under the direction
Of the Governor" &c. The Legislature
selected an agent who acts under oath
who, it is therefore to be presumed, CAV
| the proper directions" as officers ar
presumed 10 have done their duty. Whel
the second Legislature met, they had I
be satisfied, (acting as they we're under tn
sanction of an oath) that the pubIicato
had been duly made before they coul
agree to or pass the law. They didagre
10, and pass it. We infer again
from this fact that it was published.
; The law after passing the Senate an
House Of representatives, again cam
before the Governor, who was still actin
under an oath to support the constitution
: aud could not have approved it therefor
F, until he was satisfied that this consttt
;ional requisition had been compiled wit!
'''The fact of publication must therefore |
2 presumed. and in law cannot be inquire
G into" These positions are taken and
! Illustrated very forcibly in late opinion
e Charles Scott Esq. published few weel
D since, he says:
: "The charter of the bank or act
+ incorporation, having been passed
:, a second Legislature, and having recei
ed the approval and constitution
4 sanction of the Executive; must in la
s be presumed, in all respects, cons
!. tutional. The argument is suscep
|. bic of many familiar Illustrations. II
: constitution requires that, every b
J, shall be read and passed three sever
Of times, in each branch Of the Leglsl
=, ture, be signed by the Speakers, &
4 and receive the approval of the Go
Is ernor before it shall become a law
Now the mere fact that the bill w
20 read and passed three several times
B. each House, is no necessary part
'l- the act, and never appears upon
face: and the judiciary must presuI
at and take it for granted, that all the
On ouisitions of the constitution have be
II complied with, otherwise the Speal
$, Of the House, and President of
by Senate wonId never have signed, a
he the Governor approved it. Every |
en- or act read from the statue book. il
yo nosition be incorrect, would have to
en- proved. Another section of the G.
IN stitution declares that, "all bills
nd raising revenue shall originate in
en- House of Representatives. NJ
en- the fact that such bill originated
Sc the House, constitutes no part OF
lr' bill, and yet the fact must be presr
nt- n AID w