Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-07-24

EXPRESSLY prohibiting me from UlnscehuNE t''
mower; for instance. that / should Dot make lle
purchase on a ciedl. or Otherwise ciea'e any hl-
bny on hlai Cor any sum whatever without uis'
referring the mailer 10 bin for his approval OF
dissent, and he should place N my hands - ''o'u
m cash.and limit that sum 10 make the purchase
No,v ST. Inns e,uEI constitute me the agent Of
the gentlemen, 10 all inttnls aud purposes "''hln
the some of the MIXER Of uitaFnry-tlcn suppose
lake the $40 600 IN cash. Of the Senator, ahd htsl
poc ket Il. and then appropriate tt 70 mF Individual
,,s. and then make the purchase 81 the section OF
land for the senator and without referring The mat
ter "a hum Tor hrs approval or dissent J. instead ~
having the money! take il ca mvsrii (beug Tie J.
psnt Of the grnteman) 20 execute The proihi'"fN
note az bond of Inc honnrabe senator or lie sun. o.
$4,000 at ten days date. Now, SIR what w"ula
the honorable Senator say ou he piestah'lo h %
such note or bonds for payment ana what "o''u oe
ms plea ii sued on tins mole Of bond! Ntysf'i" nc
consistent with his argument and pnsiltnhsle "ou'u
sndrr ladgmen, 10 pass against hun lot 'he ann "n'
of the note OF bnnd BY driauii, even shou9d lhe
Judgment make beggars Of h'mse'l nnd ms lliilif'
But Imagine tins would como ino near home iof Inc
sentemah's honorable feelings, aud ! expect ne
would make bod and vigorous deicnce; ana "ouil
spread on the records oiihe Court at great 'ehg'n
the Plea OF non ea faefHn Il he would mol anu
would suffer himself ami ailnw ms family 10 sulirr,
under such circumstances wound pronounce hun
uone than an iaiidd for failing % propide Jor ms
hnasehaid. Fhea Mr. President IN TIE case pat BY
mt. would moi The honorable Senator (Mr Greth3
have bath lera and moral fIght 10 defend himself
against the UNJUST fabhyl | appreheaA That M
well strung letalo maral mind, would controvett or
dispute The night both at aw and ~ morals ol me
senator u make deiencr. l'waud M only shy THAT
the senator had The legal and moral right IN make
the defence but That If be ia led u make the defence
he would be retFeant To The highest duty which de-
volye on him as . husband parent aud member
of society, by falling to protect the rights the honor,
aud DESTINY Of those whom bath law and morals have
placed under his charge and special guardianship.
Then Mr President, II these Positions he tehahe 10
individual Transaction, IS there airy good reason
why the rule should not be general AMI be apphcahe
10 governmental, transactions or contracts But Tue
Senator from Warren night saw tla he had ratified
The contract made BIZ me his agent by taking poe
Of the section Of laud, ia repy 10 this would
saw that void aei is never, aal should never be
sanctioned ratified by the performance Of another
void act
! Now Mr. President, propose 10 test the validity
Of the existence Of the Mississippi Union Bank
bonds by the rules o law aud morals thai have exls
ted from time lmmtmtral 10 the present time, in oil
civilized nations. Yes sir. TIE rules OF law and
nlotals that have not only wnhsteod The ravagcs 81
time but also, all the assaults Of philosophers NOR
asts and religi0nSts, who have gone before Ms; and
II dn so, gentlemen opposed u me must spring
code Of law or morals, IN support Of their positions
Which were unknown 10 the philosophers, either 0
ancient or modern times.
Now sir, contend first, tint the representa- We,
OF TIE people Of the State who formed the Ltgtsla
ture Of 1888, (oC indeed. am other single session
The Legstaiule,) had not onIy not the right 10 con
tract, create or impose liability on The people o
Tbs State for purposes Of tunhng, but were ais,
most expressly prohibited and forbidden by an ex
press clause OF tie constitution OF the State loo paI
10 be mlsconstrued or misunderstood which h
whae worlds bluhd, atl perilta know tn con
tract such liability. Then sir, fthis undenablc pr
slion be true, the act the supplemental act 10 til
criginal charter Of the Mississippi Union Bank, is a
absolute nullty and as il ~ the basis On which iii
whole snpersructure must rest--lor instance, r.
curing the Governor af the State 10 subscribe stoc
h'r the State, and the execution Of the bonds Of III
state.ihs sesiinl The mana4nrs Inr ihs subscrlplo
ol u0cK, WITH piwer 10 uppnlnt commissioners ,
agents 10 sell sad bonds, and The selling OF said bona
81 FAT as the State il concerned, are also nbsoal
utilities, and must tumble into chaos and nonenlt,
with The bass aud with It, HE corporation whic
did not exist without the validity Of the supplement
tarv act.
The members of the Legislature Of 1888, hay
Ing performed an ac,not only uaauihorlzed,but ~
pressly prohibited by the ninth section Of Tho Sc,
ehlh article OF The constitution Of The State
which constitution was their special letter Of Al
lofney. ~ that particular, what Is The legal, .aa
u you please, the moral consequences Of The
ac'' aud the matters growing Out OF, and cor
cected herewith The first prlncplo Of Law
and we may add morals, also, growing gu, o( ii
act Of the agent irauscendlog tho letter Of a
'erney' or authority, or power Of the agent, is, hi
me act creates no responsibility on tic pfinclpa
Tor want OF his assent but II any responsibility
haolily IS created by the act that responsibility
OF liability IS created BY tho act, thai resonnsb,l,
OF hablllN'as, not 90 the principal but on i
agent alone The second pmeipeo( law. IA,
i YOU wish Il, morals loo,) is that s, far Is il
liability oil the principal is concerned, the pers,
with whom an agent, whether Of an ndedu
or Of goyernmenI,l contracts on behalf sr
prncipal' must. a his peril, know--fr,t tina, /
agent y N iael the ageut Of the plnclpal; md
Tue second place, must know tho exlen, OF /
agents authority or power and il The aren't Ira
scend hts authority, N the act or contract md
fraud or misrepresentation, deceWes the pefs
win whom such agent contracts, the agent,
snch case becomes personally respous,l le
such contact though the contract may be ma
~ The name OF the principal, 4 is considered,
lawn The act Of the principal, for want Of
assem- Oat The act or contract OIL the agent oil
having bis assent
Now Mr. Presldenr, what legal conclusion
'hesr several legal and mnra poslians prtse
"aen applied to the ac, supplementary to /
charter q The Mississippi Union Baas, and
several acts aid contracts en'el,d into und
and by virtue Of the provisions lhereoft II
10 more nor less than this, that tho passage
ha'u supplementary ACT was beyond, and out
me scope OF the authority, or constitutional DO
Er OF The members NJ tho 1 ar,.l.,.... -