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


adopted tins clause "a he CONSTITUTION for lheif.
own protection BOT Il lhey chose iof any fan
cied benefit ID vioiata fst provision aBd T. dis-
regard is l0ffns, surely they can never Be- heard
70 say IA answer 10 engagement thus entered
into. they wire made is darcgalion ofafule Of
porernnerf made 81 items Ives. This posi-
ton Is not taken 81 ue naadglseiy, but @
sustained not onlf 81 colninon honesty. but by
The opinions offhe highest Authorities On The
laws 81 nations. Waffle 81 page III, Of BIS
treatise thus aYs acwn tbs HWs
III is necessary that uassoaz should Be- able
TO treat and contra paiidly with each ether
since they would otherwise End il impossible &c
bring their affairs 10 an issue, d 3 obtain the
blessings Of peace With any degree Of certain
~. Whence ID fjilowE that s hen { nation
has ceeded any part ofiis properly 70 another,
the cession ought 10 Be deemed valid and ire.
vocable as in fact il "a, ID virtue Of tie notion
ofpr0periy. This principle cannot Be checked
BY any fundamental law By which q nation
might pretend 70 deprive themselves Of no
power Of alternating what belongs 10 them for
this would be deprivinr themselves Of All power
to form contracts WITH other nations o. altempl
ING 10 deceive them. A nation wia sach
lao oagh neuer to frsuf concerning is proper
~; II IL Is obliged 70 & 81 necessity 81 aegerui-
"a 70 do It for Is .orn adganiags. lhe nsometu
breaches q treaty On he subject, L reanaounces
Us Fundamental tat5"
Such would be The reply which the Congress
Of nations would give 70 the State Of Miasis-
sippi II the State has a clause in lie coneti-
tuition prohibiting itfrOm borrowing moaey,and
| il is obliged 10 Do SO BY necessity, OF determ.
rnI r. ~ a. sesUs astsfasstnreo che
ment the loan Is made and accepted, Il ren0un.
ces is constitution,
II win not do to contend that q State cannot
thus renounce ils fundamental law. Il is
true that where the lights Of third persons are
involved It cannot do so to their prejudice.
| But where a nation preacribes limitation TO its
power, Of its legislature for its own security, If
the nation stand BY and see the legislature en-
ter into contracts, or pass laws in violation Of
such fundamental law, the nation BY its silence
where the interest Of others are concerned be-
comes bound By the act Of IFS Legislature.
This Is a principle Of good morals and sound
equity al we'll as Of the laws Of nations.--By
the maMms Of Equity, II the owner Of proper
/ ty stand BY and zee another man sel~
ling i, and do not make known his claim, he is
forever estopped in equity from setting up bis
claim against the purchaser. So. too BY paris
ty ofreasun,i the people Of State stand BY and
see its legislature enter into contracts, and
pass laws IN violation Of its constitution, and
make no objection thereto, would a court 1t
Equity estop them from denying the validity
ofsuoh contracts, in an action brought to en-
| force them
Upon Tie aght Of the legislature 70 ehaAeo
the fundamental law, even in maitaR essen.
tial to TIE powers Of government, Waffle lays
down the rule OF the law 70 be this By The
Il fundamental laws 81 England. tha twu H0uEes
Of parliament IA concert WITH the kinRs exgr.
else legislative poser but iffhe two Houses
should resolve 20 suppress thamaelrea .aHd to
invest the king with fall and absolute authors
lly certainly the nation would not suffer il and
who would dare 70 assert that thew would not
have right to opposeitl But If he parlia-
msuf entered into e debate on making SO
considerable change. and he iuhols nation icas
uoltfalarllu silent upon Z dis could Be c0asid.
cred as an appreciation d lts dcf If is repres.
ealafiuss. How much more f0rcibIa is The
present question against the people Of this
State. The people, Of this State were not on
y silsnt upon this subject, but in ever Y
way in which the people can speak, by means
Of its legislature, its executive. their primary
assemblies, and By borrowing and using for
State and individual purposes part 0fthe mon
} ey borrowed on the faith Of the State, have
they given frequent and repeated evidences Of
their approval Of the law, and Of the act Of
! their representatives N its passage. Suppose
| that the constitution Of the State had entirely
5 prohibited pledge OF the faith Of the State
for the loan Of money and thatWe had become
! involved in a war, IN which It became neeessa-
! nv, in order 70 lie SUCCESSFUL prosecution, TO
I obtain money on the faith Of the state. IF, I'M
b der these circumstances tho legislature with
s the sanction and appreciation Of he people, had
Obtained the use Of the means necessary "a
+ prosecute the war to alsuccessfil termination
1 BY pledging the faith Of the State, is there 9
J, man who would for a moment advocate the
s reputation, Of such debt. contracted under
e such circumstances Surely there is not. II
: what extent would the lean IN the case sup
posed differ nom the annual question beioFl
Q The ueop.ea In the year 1898, from causet
= which i IS needless % name, picture Of ruin
and distress appalling in It's oh aFaeter and dis
0lating m lts nature presented, itself 70 thl
e eye Of the patriot,en whiehsoeveEslda he turn
e cd. Men who had been used to afiluence, snl
e deemed that they had erected their fortunes
q uuon sure and stable basis, beheld their wealll
g ana AtAAHaAtAF NtAAAAAaAa @NAeA~ @A@sA
II though the wand of magician had heen wai
le vsd over them in wrath; and struck then
n with dismay. In every county. the docketa {
n the courts were crowded with suits against III
J. citizens Of our State, and many who had stoo
l. iarest and highest amongl Us, were feein
D from the State carrying away tie wealth. tha
d they might avoid the inevitable ruin and hanE
It runtcy which stared them IN the face. The Ger
u eral Government bad proclaimed that i coul
N afford no relief 10 the people. who were to =
1t II upon their own exeFtions @ escape from th
he depths Of pecuniaFy destruction which seen
a Cd 70 surround them. A single wild and uni
Is versal cry for some measure Of relief went 4
10 from every potion Of our State and 70 aRpeai
e that ery--to satisfy the wants Of the. peon
IN which seemed almost beyond rearezs.--w
&c projected the scheme Establishing the Uni
= Bank. and Of pledgiHg The faith Of 81, az 8 De
0g ple-as State IN order 70 relieve al. as ius
viduals. undef such circumstances, for =,
lis purposes, was this bank chartered. vvas n
al money borrowed. L may be, thai Il "A !
r. sBbseEe the design q its eresfion. raj 4 !
gn not yield the sum Of reisif tnst 90 esnaess
= atill one thing Is beyond dispute "a -
III avoid It Is We may thsz fact alwavs rema;ns
sss we borrowed The money ii was Used 81 {
y people n me Pigment Of their debts, and
u that extent s.ddsd to TIE wealth 81 ths sts
y eFsn he pledge Of whose faith Il was loan,
p q It be admitted snf the sake If nrassnse