The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-07-27

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Jour shillinrs and axpcnce sterling or more OF less
II he dollar, under fven an illegal contract. that
principles 81 sound mortality and commnn hoppsfv
REQUIRE that The State should deliver % the amou5t
so received 10 the person who parted with IL he
such amount greater small The above position,
although Il may be correct 10 point OF strict law. IS
not The ground and reasun assumed hy The peope az
the STATE, Cor their refusal 10 pay the Union Bank
bonds already sold. The real ground for such re-
lusa is not only just and moral IN Hs nature but is
Q question Of the highest importance 10 The people
Of The Siate-a question on which their happiness
and the permanency OF their free and constitutional
government depends; i IS The preservation OF the
Constitution nvolate--thr highest and most solemn
contract 10 which they are paFties-ihsy being
bound By their allegiance and he solemn obligation
Of an oath to support t.
Il is admitted that the supplementary act 10 the
charter OF the Mississippi Union Bank was pissed
in the manner above stated, that bonds 10 the a.
MONT Of 600 were executed by the Govern
or OF the Siaie-were sold, and money or some,
thing else received therefor by person; Il is ad.
mted that there z a moral, il not legal obliga-
lion created, and resting some where for the repay
ment or delivery Of The money or thing received
that justice and common honesty require the recei-
yer Of such money or thing 10 make such payment,
and hat By refusal, disgrace and MANY should and
will rest on the person or ASSOCIATION OF persons,
who performed and assenied 20 The acts by which
| the obligation was created. This raises the
question, who performed aud assented TO the acts
creating this debt and the obligation lol its payment
The acts were performed and assented TO either BY
the State in its governmental character and capaci-
w. or hv person or association OF persons IN their
| individual capacity. II the acts we're performed
and assened 10 BY the people OF the State, in their
governmental character and capacity then the OBJ
legation for the repayment Of the amount OF money
/ received devolves upon the State. In such case,
A., of The kfnfn hna tho or
can raise the same from The people Of the State and
| from their property without impoverishing them
aud their government, the refusal TO pay should and
| will disgrace both the Staie and the people. But
on The other hand IL the act was performed and as
scented 10 by person or an association OF PERSONS
in their natural and individual capacity and In vo-
atiOn Of the constitution OF the government then IN
either of the last mentioned cases. censure cannot
rest on the government Of the Stale for refusing to
pay a debt which il not only did moi contract or
sent 10, but on he contrary. the creation Of which
Is expressly prohibited; but the refusal Of such per-
son or association Of persons who perlort0ed and
asSented TO the act and received the money by the
act, and on whom the obligation rests to pay. should
be enve0ped in iniany and disgrace in their pryaAs
character, whether The refusal To pay was superin
duced BY the wat Of means or not II the means
10 pay existed The refusal to pay would be disgrace;
and If the refusal was even for want Of means OF
ability, still the unla wlnl assumption Of authority 10
enter into an agreement in The name OF the Slate,
in volation and in fraud Of the constitution would
be equally dishonomble.
From this it is necessary tn enquire whether the
persons who passed the supplementary act had
pnwcr n pass the same, and make it Of government
tai Obligation, or 10 other words whether s0ch act,
and the act Of executing the bonds for IS 100000
already sold aud getting the money thereon ire the
acts OF The government of the state or The acts OF
person or association Of persons. III the acts
were performed by The proper Iuncuonaries of the
stale within the scope of their p0we' as such aud
| By the authority Of the constitution then the same
are The acts Of The state But on the other hand al
/ though the acts were performed BY the persons
properly constituted the iunoli0nares 81 the state,
vel, If they are without Tie scope Of their Official
power and contrary TO or prohibited by the c0nsiIiu-
ton, then they not the acts oil The slate unless
indeed the lnHehonaries Of The government lave
capacity to perform in the name of The slate acts
which are prohibited by the constitution. This
would place The lunct0naries abave. and make their
acs pa amount "a the constitution and thereby rem
der their arbitrary will The paramount law Of the
land instead Of the constitution itself. This. in my
Hpini0n, would be no more nor less Than despotsm.
The unauthorized acts Of iunclionaries are pro-
| nounced void by the constitution itself. When the
agents Of government las well as the agents Of an
individually transcend their powers their acts are
void and creae no obligation against their pfir-
/ cipa, although they NAV be binding nj oblipsory
upon the agents themselves
The ninlh section OF the seventh article Of he
constitution evidences that the people Of the state at
the time Of the adoption Of the present consttuuO,
we're Jealous Of their agents and watchul Of lheiC
rights, happiness and honOr--it evidences that they
were apprehensive that the legislature might in
some unguardod moment involve them in debt orli~
abilities which they in their more sober and boiier.
! judgement might not deem prudent and therefore
dissent from, IL 10 their power. To guard the peo-
pie therefore from oil debts and Liabilities whate'er
except such as might be contracted upon the most
mature consider tion and reflection, and by the con-
sent Of at least majority Of the whole people, this
section fortunately for the destines ofthe people ~
The state) was adopted by the convention. Az
though il was adopted by the then spircely poPHla
ted state OF Mississippi, il has been deemed worthy
Of imitation by the nnbe, popuous and enlightened
state Of New York, aud by several other states 10
this union even by those states whose citizens (ke
snme Of the unnatural citizens Of this slaie) have
proclaimed the sovereign state of Mississippi dis
graeed in the eyes Of the civilized wud because the
majority Of the people thereof have dared in good
faith to adhere 10 and maintain nvioale this most
sacred provision Of their own constitution, and be-
cause they have refused 10 raiiy It's violation by The
payment ofa debt contracted in papabe fraud OF It's
provisions, contracted not BY The state but by mos
viduals who arrogated to themselves, contrary To-
The fact, that they the agents Of the state lot
that purpose.
The supplementary act contempates'H0 raise loan9
money" S500OOO0) son The credit Of he state" the
first clause Of the 9th SECTION Of the 9Th article Of the
constitution provides that mo lao shall eUer be pqssef
10 raise loan Of money the credit Of fhe state unless
such lac" shall be passed in the manner prescribed
this section. This act was required by tins section
~ the constitution al the January session Of the year
l635-to be srefeTed 10 fhe Hsr ding legislature
TO be in session on the rst monday Of January l54O)
and published for three months previous % tls nept
regular election" 10 be held on the FIRST Monday and
day following n November 1897 and repdssed By ne
neri legislature january session ls4O.) II this act
was then so passed and the bonds exc ,ued under It's
provisions then il became law and not Oherwseand