Lexington union. (Lexington, Miss.) 1838-18??, 1842-01-22


ally lost to the state by delays AMI failures
in the prosecution Of suits agains, default
ters. #e
The tenth section of the seventh u,icle
Of the Constitution prescribes that sThe
Legislature shall direct, by law in What
manner, and in what courts, suits nav
be brought against the State" 1t is 5e-
lieved that this clause was inserted in he
Constitution in order that the State miGht
be made defendant 10 chancery suis
arising out Of cases wherein lands sold by
the state TO individuals, was in dispute, and
the State was supposed TO rave an interest
therein. 1t never was intended by the
the trainers Of the constitution that every
public creditor should be permitted TO
harrass at pleasure, by vexatious suits.
1t will be perceived that the section quoted
does not authorize executions to be issued
against the State.
On the 18th of February 1888 the Leg
Islature passed an act authorizing any one
having claim against tho State, TO file
Bill in the Superior Court of Chancery,
against the State, and directing issues to
be made up to try the facts. The act fur
Their prescrIbes that when final decree
shall be made in favor OF the complainant,
that an exemplifed Record thereof shallbe
filed in the office of the Sectary Of State;
and the Governor haring due notice thereof
shall issue his mandate TO the AUDI
tor Of Public Accounts, to draw his order
on the Treasurer for the amount of such
sum and costs, so decreed to be paid by
the State. The clause quoted is clearly
unconstitutional, f1rit contravenes the 7,h
section of the 9Th article Of the Constitu-
ton which presscrbes that "no money
shall be drawn from the Treasury but in
consequence Of an appropriation made by
ldw."
The Government of the United States,
and States referred to, have always made
} appropriations to pay all Just claims, al
though the amount was fixed by law. No
) officer of those Governments can draw his
salary until appropriated BY LAW. The
people have not entrusted to any court tho
power OF compelling their representatives
to raise or appropriate 10 any purpose.
Neither the judgmen. of a Court nor dc.
cree of a Chancellor can be obligatory on
the Legislature.
A Government cannot be sued nor exc.
cution issue without consent Of the SOW
reignty. Even in cases where an act of
! Congress has provided that suit might be
instituted against the Government of the
United States, to settle disputed claim,
it has been held that Congress was not
bound by the judgment OF the Court, TO
make appropriation 10 pay the claim. The
representatives Of the people would be
recreant 10 their trust, if they permit the
Judgment Of the Court to influence them in
raising taxes and appropriating the same.
These suggestions are called forth by the
fact that suits for large amounts are pend
ing in the Court of Chancery against the
State, growing out Of contracts in relation
to the Public Buildings; and that other
suits, for still larger sums will probably
be instituted by the holders of certain
Bonds heretofore issued to the Planters
and Union Backs. In accordance with
the third section Of the supplemental char>
ter of the Planters Bank, 500 State
Bonds Of $1,000 each, were issued in
1881, and sold in New York, by three
commissioners appointed by the Governor
of this State. Those Bonds were made
payable to, and endorsed by Samuel Gus
tine, Esq, one oflhe Commissioners. The
principal and interest was made payable
at the Phoenix Bank New York. An
act amendatory TO the charter of the
Planters Bank, authorized the issuing of
100000 in Slate Bonds, which were
sold in New York that year, by agents,
of the Planters Bank, payable TO John
DelafieId, at the Pb9nix Bank Of New
York, and by him endorsed.
With the proceeds thus negotiated, the
State took two millions Of stock in the
Planters Bank. The eleventh section of
the Charter of The Bank, provides, "That
if the dividend arising from the stock SUBJ
scribed for by the State, shall be insuffi-
cient to meet the interest accruing on the
said bonds, and the payment end extln>
gulshment thereof, when the same shall
become due, the bank shall supply such
deficiency, and charge to the State Of Mi.
and for the payment the faith Of the State
is pledged. This section has been re-
pealed by the act transferring the stock to
the Mississippi II. r. Company. The
following is believed to be an accurate
description of the Bonds,
Loan of $500, 900 bnd's $l0Os Jul. l, 81
No l, to 1875 $4,000 due jul I, ls4l
4" l96 $50 $4,000 II" 1916
" PSI 375 $4,000 &c" 1851