Holly Springs gazette., 1841-09-23
JACKSON, MISS, July 81, 1871.


LINES Eliof Esq President Of The Mississippi Union Bank
I'll Your communication of the 10th inst, III which my
1n i requested as the liability of the State OF Mlsss
I'M Dn her bouds executed to- and sold by the Union Bank
Il Jas been duly considered.
assumed in the eye of the civilized world, have besow
"a mon all the thought and reflection which my mind IS
enable Of afording. Constituting engrossIng theme OF
STATE nolics has necessarily given that diversity of
views which exhibited in times of party excitement
Unbiased by of either personal political charac
tr the investigation which have the subject results
The clear and deliberate convection fhat the state IS liable
upon the soundes principles OF moral and legal obligation
True is that there process known to the law, by
may be peaceab enforced TO discharge or liquI-
date dtJs-however honestly legally contracted
who State alone depend upon her faith and hon
The State Of Mississippi except TO such powers as are
surrendered the Federal Government free and lndepen-
dent sovereignty aud although she has established consul
ali controversies arising between the
oe aud individuals BE- heard and determined, still m
40 v u be reached by Of an execution But
tue que involving the tegatity Wegaty OF the bonds,
which he people citizens Of the State are legally m
competent for obedience to the requsions
U e l0h section oi 1th article OF our Constitution, the
leg Stature have conferred upon the count Oh ChnceFy OIL
,oAt OF all questions which may arise between
Inc Safe anf Individuals whether citizens aliens That
law provides ANY person persons, deemng him. her,
themselves nave just claim against the State, may file
OIL III Equity the superior Of Chanrery against the
State Of Mississippi &c Then peri city clear that
where any controversy exists to the legality OF any clam
against the State the only lawful and constitutional forum
question be tried and settled that appointed
aud constituted by the law The decree of the Chancellor
Of the High Court in oappea on such case, woad
be binding aud obligatory upon the parties and there can be
the argument that such Decree rendered against
tue would be binding relation the rights oi the
parties the constitutional compact" Who let US enquire,
the authors and trainers OF the Constitution no uee-
gated the judicial poweT2 The people themselves They
authorized and empowered the Legislature Ito direct IN hat
and what be brought against the
State They then Immediately deegatedto the Legislature
the rgh establish the Of Chancery with this Judicial
power aud consequently the decree OF that court upon hear
mg this question: would only be obligatory and conc u-
upon every department of the State Government but
would be binding upon the whole people. The Executive
has authority whatever pronounce upon the Legality OF
the State Bonds and when he undertakes TO do So 1t is hgh
assumption power on his part and derogaon OF the tun
damental law Of the land the exercise OF judicial pow
aud therefore violation OF the st section the "a
article Of the Constitution, which declares that the pow
ers the Government of the State of Mississippi shall be dr.
vaed INTO three distinct departments and each OF them con
ueu separate body OF masracy, to wit those whch are
legislative one those which Judicial to another; and
oe winch are Executive another No one can hesitate
70 peee That the question involving the States liability Is en-
uey legal one and therefore, decision calls Tor the eAe
G judicial power and discretion The power to constfue
OF contract vested by the Constitution IN the judiciary
laws I'll, then, under the Constitution ahu
arse says great luTs, 'lit is capable OF judicial
and decision that this very tribunal is a
Ae the decision; and the only question open oi
Is whether such decision, when made. is conclu
% Lii ~ ul ouing upon the peope"-The why they
snouu oo pounu has been already submitted But my de-
= I a ha' TINS Is question capable of judicial ex
anu aeeision and SUCH his Excelency, A q
cNutt IN undertaking declare and publish the world
ha the State VIII never pay the five millions of bonds
sued in June 49, any portion Of the ntee dine or to be-
come due thereon has violated his executive duy and
Gended the hmlts OF his rghfa prerogave The people
themselves as has been shown cannot determine the ques
aOn hand because they have delegated that TO the
judicial department ofhe State They may it IS true disre
gard the law and declare through their REPRESENTATIVES
Legislature that they will provide the ways and means
OF paying either the bonds the interest accrn;no thereon
cannot refuse payment upon the ground that the bonds
ega unless such be thede ofthe Chancellor Blu
.NhtIe are the nnnnIa-ruhnrn Ior