Holly Springs gazette., 1843-09-22

OF whom was ID. w Wright, as being anti
republican, and moreover, on the groucd
that the convention was not authorized to
abrldge the sovereign powers of the people
by any restriction whatever, but only Ia
declare the form and mode in which these
sovereign powers should be exercised
These objections were met by the argument
that this restriction was not intended 20 "a
bridgetbe pot0er Of The people, but to modify
the exercise ofthat power by their Repre-
sentatlves, IN order to protect them against
the hasty and improvident action of the leg
stature. by giving them an opportunity OF
rejecting on the propriety and necessity OF
pledging the filth, of the State for the loan
of money, and declaring their disdppr0Uat
OF such measure. if not considered proper or
necessary, by electing another Legislature
UntaU0ra6te 10 lis adoption that on the o.
ther hand, If the people approved The meas.
ure, they would afford a tocH demonstra-
tion of that approval. by electing another
legislature favorable TO it. After long dis
cusson, the OH section of the 7th article
was adopted, as part of the new constitution
We have alluded to this passage Of history,
merely with the view of showing the reason
Of It's adoption. and further that il emanated
both the Planters and Union bank bonds,
and whose opinions, as the trainers OF the
constitution, on account oftheir knowledge
of all the facts and circumstances cotempn-
rary with It's adoption, are entitled TO the
greatest respect in the Interpretation of lis
provisions. and of.he extent of every obiiga-
lion growing out of it. Hoping that our
readers will bear in mind these predatory
observations, we will proceed with the his
tory OF the Union bank bonds.
BY the 9th section ofthe 7th article of
the constitution. /. is provided that. mo law
shall ever be passed TO raise loan of mon
ey or to pledge the fith ofthe State for the
payment or redemption of any loan or debt.
unless such law be proposed inthe Senate or
House of Representatives, and be agreed on
BY majority ofthe members of each House,
and entered on their journals ruth the yeas
and nayS taken thereon. and Be referred 10
the next succeeding legislature, and publish.
sd FOR three months previous to the neat
general election, in three newspapers Of
the State, aud unless majority Of each
branch Of the legislature elected after such
publication shalt agree to and pass such
law. and IN such case, the yeas and nays
shall be taken and entered on the journals
Of each HoHse'
We will, for the present. waive the ques-
tion. whether the passage ofthe original
charter, by a second legislature does not it.
self constitute proof that all the preliminary
forms of the constitution were complied
with, and also the question whether even
the omission Of some of these forms was
not cured by The subsequent acquiescepce
OF the people and action of their legisla-
ture. and will attempt to show that these
preliminary forms were substantially com
piled with in every essential particular
In January 1885. the bill TO Incorporate
the Mississippi Union Bank, l0as proposed
but not acted on during the session.
In January 1886. new legislature fe
Iected in November 1851 assembled, and
the bill provided in 1885. passed the House
Of Representatives at that session 66y a vote
u AZ ayes to noes. The yeas and nays
were taken, and they with the bill were en-
tered in the journals of the House; it did not
pass the Senate AT that session. In 1887, at |
4 called session of the same Legislature, the |
same bill passed the Senate by vote Of IL |
lyes 10 3 noes. and they, acith the bill, were |
entered in the journals of the Senate. Thus |
ar, then, the forms required by the 9th sec
ion of the 7lh article of the constitution |
we're complied with
In order TO demonstrate the injustice as
we'll as the fallacy ofthat rule of interpre;a.
ion which refers only to the letter, without
egard 10 the spirit of the constitution,
We will here digress for moment. from
ur history. into reflection which we
eem not inappropriate:
The constitution requires that every law,
ledging the faith ofthe State, shall be pro
osed assd passed by the legislature nert
rcceding the legislature to achich AZ IS
efsred. The reason of this we know to
c that the people may have an opportunity
f fleffecting On the measure, and taciLg ap-
rowing or disapproving II.
Now, il Will be seen that the bill in ques-
on acas proposed by the Legislature of Is
3, passed by a new legislature in 1886 and
~. and referred to a third legislature in
S3S so that neeo legislature. which held
yo sessions, intervened between the legis-
Iture which proposed this bill (lS35) and
he legislature TO which it was referred.
1881 which is plainly contrary to the
rici letter of the constitution. But when
e take into consideration that the reason |
nd spirit of this clause of the constitution
as thereby more fully met and complied
lh, by afording increased time and op- !
ortunitv to the people to reflect on. discuss
nd decide respecting the propriety ofthe