Southern pioneer, and Carroll, Choctaw and Tallahatchie Counties advertiser. (Carrollton, Miss.) 1840-1842, 1841-06-26

SAID otale OF MISSISSIPPI promises to pay in /
current money of the United States to the or
der of the President Directors and Company /
in the--year, with interest at the rate of
five per centum, payable half yearly at the |
place named in the endorsement hereto, viz:
on the--of every year until the payment
of the said principal sum; in testimony where
of, the Governor of 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 affixed thereto at Jack
son, this--in the year of our Lord"
''Sec. g. Be it further enacted, That the
said Bonds may be transferable by the en-
dorsement of the President and of the Cash
Ter of said Bank to the order of any person
whatsoever, or to the bearer; and the said en-
dorsement shall fix the place the said princi-
pal and interest shall be paid-and all expen-
ses incurred thereon shall be betrayed from the
funds of the Bank
When the Bonds were made or anv portion
of them, and sold, and endorsed, and deliver
ed to the endorser as provided for in these sec
tons, the liability of the State was fixed as
security for the payment of them upon the
failure of the Bank to do so-and so every
sound lawyer and enlightened judicial tribu-
nal in the Union will declare when the matter
is presented to them-for the act was done in
strict pursuance of the requirements of a con-
stitutional law. But say the Agrarian's Con-
Stitutionul LaUi that is what we deny. Upon
what ground do you deny its constitutionaty!
Answer LIST, say they, "the 47th section of the
original ACT only required that the 5th section
thereof should be published instead of the
whole ACT" But we have already declared in
No. |, that the whole act was published sin
all the papers of any note or circulation in
the State" the requisite length of time; but
every lawyer of common sense will tell you
that it is not fact enquirable into at this day
1t was thing directed to be done by some of
the executive officers of the State, and there
fore proper subject for the inquiry of the
Legislature of 1888; and we are now bound to
presume that the fact of the publication of the
act as required by the 9th section of the 9th
article OF the constitution was made most full
y TO appear TO the Legislature of 1888. or
they certainly would not have passed the act
again on the 23rd day of January, 1888, in the
House of representatives, by vote of SO to
32-(see House journal, page 1879 and by
the Senate by vote Of IL to 10, on the 29th
day of January, 1888. [See Senate journal
| 1888, page 2O7.
1t would be harsh construction and such
an one as no court oi justice in the Union
Could be induced to give that the action of
the Legislature will be presumed to be done
without authority unless every thing is shown
10 have been regular. This would be turning
the fixed rules of the law heels uppermost.-
The bill under discussion did pass second
4 time as Just shown, and we are bound 10 pre-
sumo that the whole bill was published (f a
publication of all of it was necessarily exact
4 ly as required. No tribunal of justice will
presume Legislature TO act unconsttuhon-
ally, bat will presume all to be done which
ought TO have been done, especially when the
act is that OF third person. and the duty Is
directory and moi substantive fact upon
which the whole fabric depended You know
Agrarans, that it is not good nonsense to be
talking of distractions which are incapable OF
proof, and when the legal presumption is
against you, how are you to prove the fact
you assert, "that the original bill had not been
published 10 the people as required by the con-
sttution?'' Can you prove negative with
the presumption of law against youl VIII
you attempt it by bringing up Gov. McNutt
. and some of the printers and publishers OF
newspapers in this State, and get the Cover
nor to say he did not order the publication OF
!, the bill, and the printers to say they did not
publish it; all this will prove nothing. The
validity of the acts does not depend upon
the order of the Legislature or the Governor,
, nor upon the publication of the bill in Ger.
tain designated papers or periodical journals
but upon the fact that the bill had been pub
Ilished for three months or more before the
: election next succeeding the passage OF the
bill in three or more newspapers published IN
r tits State The fact to be enqulred into BY
the Legislature of 1888, was the public atlor
: of the bill in the requisite number of paper
: for the proper length of time, and not b,
whose authority and direction the publication
! was made surely. To inform the people o
# the nature and character of the pledge of thei
), faith is the thing intended by the constitution
: and to attain that end the constitution requires
! the publication of so much of the bill at least
d ! as will show the general nature and characte
: of the pledge. 1t is therefore the publication