The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-08-10

people mightnot b taxed wiih debls,aud bur-
densd with liability, wiihoul having previously
canvassed the prupFlctY and debated the utiii.
y II the measure proposed. lit be admltsd,
foe the FAKE ofargumont. that this aW was not
published n the strictly formal manner re-
quired BY the constitution, still II the people
had notice N fact Of the proposed measure, and
having such notice, elected legislature who
passed the law, the Stale Is bound, BY every
principle q equity, 70 meet tho obligations inn
posed by The legislature. What are the facts
connected with this ques ton N January
1888, il became the law Of the land. In the
meantime two general elections had been held.
Tie journals Of thu legislature and acts Of
assembly Containing the proposed law, had
boon eanVasaed b candidates i0r Governor, who
everywhere discussed the propFie.y 81 The mea
ugeC andidates foT the legislature declared them
selves for Or against i, The editors Of newspa-
pers, not Of three only but every newspaper in
the State called the attention Of the people to
The law proposed to be enacted, and warned
.hem ofits improperly or advised them Of its
utility and hazard nothing 10 making the as
serti0n that Al the general election in 1887,
every voter IN the State well knew that at tue
next session Of the legislature the Bill to
charter the Mississippi Union Bank would be
proposed second time for the action Of the
legislature. With this knowledge on the
part Of the people, this law was passed by
large majority in the legislature, aud with the
consent aud appreciation Of a large majority Of
the people Of the State. How futile--how
technical, in fact how fraudulent, does the OBJ
lection the strict forms Of theconstitution
had not been complied withsound in the mouths
a people who had al the notice which that pro-
vision Of the constitution was designed to
give them, and who did not object TO the pas
sage Of the law, but gave their sanction aud
approval to its adoption, and elected the legis-
latnre which enacted It after a full and thor
ough discussion Of the merits and detects Of the
proposed enactment.
In matters Of private right, between man
and man, plea Of this kind in a court Of equ-
" under such circumstances would be utterly
disFegarded such in fact had been the adiuea-
ton olthe English and American courts upon
a question very similar in It's character, and
where an adherence 70 the strict words Of the
law would not involve more moral tupitude,
nor produce the wide spread injury as IN the
present case. { allude as You vii readily per-
ceiFe 10 the laws requiring the registration 0.
deeds. BY them it's enacted that every deed
shall be recorded, and that deed not recorded
shall be void as to a subsequent purchaser Of
the properly no exception whatever was
made in the law but when the case was pres.
anted 70 a court Of equity, and It appeared that
the subsequent purChzser had notice in fact Of
the existence Of the hrat deed, allhough il was
not recorded the court declared that The OBJ
! iect oftho law was 20 give no;ice-and # the
subsaquant purchaser had notice. though not
IN. the form prescribed b law. The o1ieet ane
] intention Of thelegislature were iul4 obtained
i. 49, ~ sssaasisss4z s. Fiss=
son hseln1 al the notice tie Law designed, L
asail himself q Omission. winch bad Nflaghtns
7 prejudice 3 HiH.- be rule is thus lad down IL
:. Foablanc' treatise On Equity page Al 'Eqal.
tysays i the party knew q ihe unregistered
: deed, Bis unregistered deed should not set /
aside because he had that notice which the
act Of parliament intended he should have, S.
: tho would a court 81 Equity say to the people 0
7 The State IfYou knew q the proposed law
: aud voted in reference TO its enactment thu
e failure to publish il il the form prescribed b.
| the constitution, snail not avail yous because
g ron had the very notice which The e0nstlta
& ton intended you should have"
There IS another point Of view IN which
: this question may be considered. The con-
J stitulional provision requiring the publication
e ola law pledging The ailh ofthe State, priort'
9 is passage was intended as a limitation upoE
a the people themselves, and to protect ans
s guard them against unwise and hasty legisl
i toni Il could never have been intended to afteo
! the rights or operate uniustly upon the clam
i Of foreigners. Who composed the eonven
a ton which framedth constitution Citizen
, Of the State Of Mississippi. eleotedby the PEG
e pie Of the State Of Mississippi Who CON
d posed the two different Legislatures whic
L passed the law under consideration Citizen
G, Of the State Of Mississippi l-Nen selected b.
8 the people Of the State Of Mississippi f
e their intelligence and worth 20. repFeseH
e them In the Legislature. Ia each cas-
J. then, as well IN The passage Of the law {
e in the adoption Of the constitution the poop
u Of the State Of Mississippi acted in the onl
ae form in which States can act, TO wit throug
e the medium Of Representatives in whom tl
% sovereignty Of the people for governmental pa
le poses is vested. If then the people Of tt
oil State Of Mississippi in convention declare
that no law pledgmg the faith Of the Sta
le should be passed without a comphane
nt with particular forms, It was the same peop
g. which IN the Legislature adopted and approve
Of the bill charterinQ the Union Bank. 4 Il
N forms prescribed hY the constitution. were n
e. compiled with in the passage Of that law u
G. State Of Mississippi cannot be heard . say
be The forum OF nations that she violated her OF
Be constitution, and disFegarded her own fund
y mental law. That constitution. was enly a
tended aa q rule OF legislation for her own pc
al pie. as a limitation upsa her own powers, 81
= If she chose 10 disregard. surely no eou
as would listen 70 a plea, thus setting up Der ov
rs illegal conduct a. a defence to an obhgati
4 incurred or contract entered into. To aan
I'D Of such a plea would be to SET At naught {
d. sacred maxim recognised IN al judicial trlbu
ia ais, that emo man shall take advantage 81 i
sh own wrong" and 70 substitute in its stead q
ire fraudulent and iniquitoas doctrine that
20 State has rightto violate is own constitute
So ia the creation Of a debt, and to take advanta
ID. Gifts wrong, ia order % avoid us payment
Der Surely such a creed cannot be tolerated
"a honest men.
ilf- Letus place the State lor an instant on {
ge question il tie situation Of private individl
.s- and see with what grace this plea could Be
he eed. 4, for the better regulation q bis o.
100 conduct and the security Of his affairs, has
m tablishea IS 8 fixed Fulo Of action. that be v
ieh never become The security of another "a
he requested u ssrifiaz ted So same time
re- forwards, B. bis friend apphes asnballs = I
" to become he security A. dNrezafuang
fixed ruls Of rondach e The verbal FeqAes