Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-08-28
(For the Democrat No. -
The Constitution and the Peoples rights must B,
preserved

piCSe'Vto'
There is lawyers Letter occupying much
space in the Southern Argus of the 10Th inst. to
prove to the people of Mississippi that their Con
sttuton is not Their supreme STATE law; that it
cannot prohibit The making ofaws contrary to its
Proysjons--that il is nulIity. That the credit of
the Slate can be pledged without first publishing
any part Of the law embracing the pledge that
whether law be made pursuant to its directions
or not still it would be binding upon the people
All that he thinks is required to give validity to a
law Is lis having the appearance of having been
legally made. When flaw appears upon its face
TO have been made in accordance with the Con-
stlution, we cannot, he says be permitted TO en-.
qulre into its creation TO see whether or not II was So
made, How rdculously absurd! Suppose the Spea
ker of the House of Representatives, the Preside
otthe senate and the governor con the next day
after the adjournment oftheI egisature.to write out
a bill pedgmg the faith Of The State for fifty mill
ions Of dollars and were TO antedate and official
Iy sign it and have it Published as an act legally
passed by said Legislature, would any person
co tend that such bill, with all its appearances
OF a law, could not be examined in regard to its
creation Mos; aSsuredly not. Yet such law
this lawyer says, as it would appear upon its face
to be CONSTITUTIONAL would be public act, in The
nature Of a law and as such should be construed.
That " It's constllutlonalty must be Judged of ae
cording to what ii purpors to he upon its face"
The journals might or might not show that this
forged law had been passed by two Legislatures
that matters not; he says ifthe lew bears upon
is face the impress OF consutonalIty--if it 5
signed as having been approved by a second Lee
gisature, it must be considered constitutional
st the State lRs people, cannot be permitted to
establish a fact 0htmdc to show the unconstitu-
tionaty Of the act" lie says But il is contcn.
ded that the act was not published in threeI news
papers of the State for three months previous to
the next general election, and therefore it is no
law, and the bonds were ISSUED under void au.
thorlty." He then says -" How the fact really
is, have no means Of ascertaining--nor does il
matter" And then, to prove that it really does
not matter and that the Constitution may be VIC.
lated in making law and yet tho law be legal =
aud 10 show that the people are as firmly bound
under the loan law as they would be had all the
act been published and they consented to lis pas
sage--to prove these positions, be occupies about
two columns in the papers. What peoples man!
what stcker for the constitution
In the first part ofhs Letter q think it should
have been his concluding position) he proves that
the question can be judicjally Investigated. He
pretends 10 think that the ontl.bondmen are no,
aware that the State can be sued, and that thew
are opposed to the questions being judeially in.
vesiIgated. Now, lei me tell the gentleman thai
TO judicial investigation |, an auti.bonlman de.
sire The bond holders driven. If we elect Nom
bers to the Legislature who will not appropriate
funds to the payment Of tho interest on the bonds
tie bondholders viii at once perceive thai they
must legally establish their claim before they can
expect payment. But we elect members who
wish TO cut off from the people their right to a
judcial investigation, these members will unhesi-
tatng appropriate money to pay the interest as
soon as il can be raised. Though our present ex.
orbaant taxes were designed to aid in preparing
to pay the interest on these bonds, vet legal State
debts and current expenditures will require i all
and much more, therefore il is important that we
should elect men vino viii not allow money 50 art.
fully exIored from us, to DO appropriated fol any
purpose but Tue payment of legal claims.
To prove thai lie peoDls have by subsequent
act Of the Legislature sanctioned The sale Of the
bonds, he has rcsored 10 The stale fallacy that