The Democratic Whig., 1843-08-10

ysci0 they can only treat with those who ex-
crci8o TIE powers Of government are aoi bound
% ask, whether thos1 powers are constitution
ally exercised or not. It Is the duty which ov'
oTy State owes 70 he great iauily Of nations, %
pemt none 70 exercise the powers Of govern
meui bot those 10 whom ihey rightiully belong
nhoWeyerit i does permit au insurpaiion, what
ever acts are done By that ugurping govern
mcni, whatever contracts are entered into by
d with loreign people. Whaterer people, what
ever treaties are made by i with foreign na-
tons arc obligatory AZ linding upon The Peo-
pie Of the State becanie { was the duty Of
that people % guard its own safety and fusii-
tulion1 that none night oxercisol power but
those IN whom Il was righuully vested.
Any other rule would be, impractcables and
would suheci ioreign States and people 70
the rrossest wrong and injustice, By enabling
peonle 70 make contracts. .borrow money.and
enter into alliances, through the government iu
actual power, and Afterwards Il thos8 treaties
or contracts ahoud prove disadvan;ageous, 10
disayoW them, up0n the ground that thoy were
tho acts ofuuurpers and therefore not obliga-
torT. "A ow examples VIII serve to illustrate
this rule Of law. While Napoleon Bonaparte
was drsl consul ol the French nation, be is
BY virtue Of whieh iniquitous and illegal re-
scripts, large number Of American vessels
were seized and Their goods eonfscated
twenty-five years Afterwards, when new dy-
nasty bad come into power-when Napoleon
was 5eihroned and exiled-and afteF The Gov
erlmenl Of France had been restored to its le.
climate and constitutional channels; the
American Government called upon the French
nation for indemnify and compelled tito remu-
noraie our citizens for tho losses which they
had sustained II IS needless for me 10 say
that Napoleons whole government was illegal
and contrary to The fundamental laws and
constitution Of tho French people. But again
while Napoleon was yet in power, and acting
as first consul fths French Rupubtc, be en-
tered into a treaty Of cession with the United
State, BY which Tor a stipulated price, he Geo
ded 70 the United States the Louisiana Terri
tory By virtue Of this treaty, made with
poleniate declared BY the French people to
have been an usurper, and whose acts al vio-
lated the Fundamental! laws and constitution Of
France, the State Of Mississippi at this time
forms one Of tie Republics Of this Union, in
stead of Constituting an integral portion Of the
French Empire.-lias France ever sought to
Eepudiate this treaty or to declare the &C. Of
cession void, because made without authority
by Napoleon mo answer need be given 10
this question. Yet she would certainly have
an equal right, aud with as much appearance
oflaw in her favor TO declare such treaty void
and to repudate terms, as Mississippi has to
resist the payment Of debts contracted in her
name by legislature and Executive, chosen
IN the iorms presented BY her constitution,the
laws passed for the creation Of which ebts
appear upon Their face to be regular and con-
stitutlonals and the bonds evidencing, which
debt have affixed 10 thenl her great seal the
emblem Of Der sovereignty, itself importing
verify and which bonds are signed too bv her
legitimate chief magistrate, countersiqped by
2 Treasurer duly and eonstitutionaly elected
| have now Gentlemen, demonstrated. | be.
heve, that By the principles Of our municipal
law, by The maxims Of courts Of EQUITY. and bv
tha lave Regulating the conduct Of nations, our
Slate ls obliged to pay the Mississippi Union
BANK Bonds unless something CONNECTED
with the supplemental charter ofthat Bank. ar
with the sale and negotiation of the Bonds.
will discharge Der from the obligation. Iii
Us briefly examine those questions and see
Il the law win here sustain the regulators
Much that have said heretofore is applicable
TO The supplemental charter ofthe Bank and
am greatly relieved from an investigation Of
Che eonsiIutianality Of il, BY the teskion ofihe
hghest tribunal in our own State.
The supplemental chaner was enacted hy the
Legislature Of 1873. The Bill for that purpose
passed the House Of Representatives al M
sth day Of February 1888, By a vote of25 to
Y. Il passed the Senate on the 18Th dav ofI
February, Of the same year, bv vote of03 n
y and was approved bv the Goyernor an M
10y Of February. Thus il will Be
seen that large malouties Of the Legislature
n oolh Houses were IN favor ofthls BIZ, which
iac' may be considered as evideneingthe wish
es o. INC people upon this subject. hisobioc.
yea 70 this law, That it changed the oriqi nal
chaftef' and consequently, that il required he
acton Of the two legislatures in order 10 qive il
validity ard TO bind The State. Upon this point
tie Tight court, m The case Of Beasly Csmp. !
oeil ys the Union Bank remark as follows
"Ine supplemental act makes no alteration
Whatever IN regard 10 this aection (tbs 5tb
sseaon pledging The faith Of tbe SiafeA h
changes 10 some respects The mere detsa ofl
lAa original chatter in the mode Of CARRYING
lne cor porauoHi INTO auccessful oneraiio,,Y M
authorizes the Governor to subscribe lor etocl
o. iho ialth Of tho stale.-The object ~ tbs
peago Is not changed. on The contrary tbs
sspp .smental act was passed in ala oft6e ori.
ginal design. In applying the eonstitutional
- - " zoe O'n section am not abo 10 per.
ceite snl reason which 70 me seems eufieiept
~ lusuiy inc conclusion It IS unconsbtutie.-l
me OBJECT Of The iramers Of the constitution
vas doubtless toglve tho people an opportuni.
y oiJudging Of the policy and proprietv ofma
Aihg plefge Of the faith Of tie State. and Il
would seem to be reasonable tbat enouob or
the same should be published 10 inform fbe,
as 70 the object II this eoud BE- done M
puplshing one section. alone, then thc reason
iof requiring publication would bo fully an
swered as much as il would BY publishing
the whole law. The fifth section alone con.
talns ample information on the objects in view
IN making the pledge. Indeed It IS the only
part Of the whole act which does declare for
what purpose and in What manner the faith Of
the state should be pledged. BY i the obiect
was declared and the pledge made and the man.
ner and The time was to be fulfilled fully specif.
ed,the people must have been as fully informed
for al useful purposes by the publication Of
this section as By the publication Of the whole
act. SO that the rsasen which operated in the
formation Of the constitutional provision ard
which was stfenuoualy eonlendcd ioF as show.
ing the necessity ior publishing also the supple
ment was fully secured,
Again. .-aLeti il be supposed then that the
supplemental act was void, does It necessarily
follow that the original act is for that reason
also void I cannot perceive how such
consequence wOuld follow. That which is
valid cannot be destroyed BY that which Is void
A void act can have no infueace on a valid
one, and fit he true, and it Is not denied that