The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1842-01-14

sue his mandate to tie .4Udifoy. of11nbli,-. a..
counts, to dratC his order on the IYedsnrey ~. h
The amount Of such sum and costs. 10 decrped "
be paid By The State. The clause quoted q
clearly unconstitutional, for it eontravenes
the seventh section Of the seventh article Of
the Constitution which prescribes that s.no !.
money shall be drawn from the Treasury I.
but in consequence of an appropriation made
BY Law" This clause is in the very hn-
guage Of clause in the Constitution Of the
United States, and of several States of this
Union. The government Of The United
States. and ofthe States referred to, have al
ways made special appropriations to pay all
claims deemed just, although the amount
thereof was fixed by law. No officer of those !,
Governments can draw his salary until the
amount is appropriated BY Law. This prac-
uce is in strict conformity with he principles
OF republican Government and is Imperative
ly demanded by the letter of our Constitution.
ltls 10 be regretted that periodical appropria-
tons have not always been made in this
State. The Legislature is entrusted with the
purse strings Of the people. Revenue and
appropriation bills, can only originate in the I
House of presentatiVes; they may be-
amended in the Senate, but require Execu-
i've sanction, or a majority of tWo-thirds Of
become laws. The people have not entrust-u
ed to any court the power Of compelling their
representatives to raise money or appropriate
1t to any purpose whatever. Neither the
Judgment Of Court or the decree of a Cham
ceIlor can be obligatory on the legislature
The grounds anc justice Of such judgments
and DEGREES are proper subjects Of enquiry
and should be severely scrutinized, when 10
appropriation is requested. On general prin-
ciples, government cannot be sued without
its consent, and no execution can be sued :
out against sovereignty. Even in cases
where an act of Congress has provided that
suit might be Instituted against the Gov
eminent of the United States, to'settle ads.
! puted claim, it has been held that Congress
was not bound by the judgment of the Court.
TO make an appropriation to pay the claim.
Each department of the government is enti-
tied to respect while acting in its appropriate
sphere. The representatives of the peODle
would be recreant to their trust, if they per-
NIT the judgment of court TO influence them
in raising taxes and appropriating the same.
These suggestions have been called forth BY
a knowledge of the fact that several suits 70.
large amounts, are now pending in the SUI
Perlor 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 soon insti-
tuted by the holders of certain Bonds hereto
fore issued 10 the Planters Bank of the State
! OF Mississippi and the Mississippi Union
Bank. IF'1F7
In accordance with the third section Of the
act supplemental to the charter of the Plant-
ers' Bank, approved December Is, 1880. five
hundred State Bonds of one thousand dollars
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 Sam.
uel Cuisine, Esq, one of the Commissioners.
The principal and interest was made PAYABLE,
at the Phoenix Bank of New York. An act
amendaiory to the charter of the Planlerss
Bank, approved February 5th, 1888, authors
lied the issuing OF one million FIVE hundred
thousand dollars in State Bonds, which were
sold in New York that year, by agents an
pointed by the Planters Bank and made
payable to John Delafed, at the Phoenix
Bank of New York, and by him endorsed.
| With the proceeds of the bonds thus nego-
tiated, the State took two millions of Stock in
the Planters Bank. The eleventh section of
the Charter of the Bank provides "Thai If
the dividend arising from the stock subscri-
bed Tor by the State, as herein specified,
shall be insufficient to meet the interest aCs
cruIng On the said Bonds, and the payment
and extinguishment thereof, when the same
shall become due, the said Bank shall supply
such deficiency, and charge the same to The
account of the State of Mississippi. and for
the payment thereof, the faith of the States
hereby pledged" This section has been,
repealed by the act transferring the stock TO
the Mississippi Rail Road Company. I have
been unable 20 ascertain the terms on which
the Planters Bank Bonds were sold. or the
funds in which payment for them were made.
The following is believed to be an accurate
description of the Bonds:
Loan of S5OOOOO Bonds $1,000 each. dated Jul 1891
q NO. i' to I25 $4,000 due July ls1, lsll
liz !. aS G' 70 S S99 Si25 OO0 due July lsl, ls46
So to 500 Sio5SOS d4s Ja a'y i ss isSs
Loan Of Sl,500,00O, dated March Isl, 1883.
y NO. sol, to 1000 S5ON,0O0, due March /, 1861
1901, to 1900 100000, {" IS 1866
Y !" 1901, to 1000 100000, /" g 1871
interest payable semi-annualiy at the Phoenix
DanKs New York, at six per cent. per annum, in
ooliaTs current money of the United States. Al
careful examination Of the charter, OF the Plan-
teTs Bank will demonstrate that that Institution
is not bound (and never has beeD1 for either pTin9
ciPat or interest of the bonds. The mississippi
Railroad Company has obligated itself 70 pay the
interest OF the bonds, and all the lnsIalnents ex-
eept the two first. Ii is confidently believed thar
the company never will be able TO comply with ia
contract with the State. By references to the do
cuments sent in with my annual messages ia 1870
and al. and the account current of the Bank 81
the United States herewith transmitted IL sgiilbe
seen that the one hundred and sixty Thousand se-
ven hundred and mnety-two dollars and twenty.
two cents, is claimed OF this State for advances of