Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1843-05-27

ca p'eeze, Gao moi slccf ~ as stCEi:i a.,
blast shall have overwhelmed them.
To make The Constitution yieij 10 n
whirls, caPr;ccs and fciiica Of those the
may rue for the day, is hut 10 destroy tn
Yery principle upon which constitutions
government was founded. 1.-The Consti
tuition, Ito use the language of the lat
Judge Patterson, of Sup. Court of U. S.,
is stable ard permanent, not 10 lie woIket
upon by The silly temper of the times, no
TO Use or fall with The tide ofeyenls, &C.
The violation Of the Constitution is tht
only true and defensibIe ground upon which
Mississippis Reputation can be justified
and we are glad to see that this letter pla
ccs it On this ground alone. We have
Witnessed with much regret and disgust the
endorsements which have been thrown
in the way Of n proper appreciation ofMis-
sss;ppi's position on this subject, by the
quibling, inconsistent and unjustifable
course of cur la,e Governor On the one
hand, and on the other by the outrageous
heresies ofthose who cspouse the cause of
The universal reputation of all Govern.
nent debts.
There is one error in fact in Mr.. Smiths
arguments which we cannot fortear 10
answer lie charges the State Of Mary
lind with what he terms "ugast TePudid.
tion," and for the Evidence Of the fact he
cites the case OF Da|any rs. Wells. Bird,
Harris e. McHenry's Reports. With
great Difference for The intelligence of Mr..
g., we must lie permitted 10 draw different
conclusions from it, and 10 assert tllot il
ioea not involve the principle OF repadia-
ten e. all, Dur"g Tho revolution, the
State Of Msfylan passed an at hy which
ts citizens were permitted to pay my
debt the might owe to British bjec,9 IN,
10 the treasury IF the State, in contincn-
tai money, 10 be hell by The State for the
use Of such British creditors. The Trea-
y of Peace, SUI s2quenty provided
that "creditorr5 on either SIDE shall! meet
with no lawful impedimehts to the recore
~ Of the full value in sterling money Of
all bona fsde debts heretofore contracted"
In the case cited by Mr.. g., the payment
had teen made into the treasury, by the
debtor Sefcre the treaty Of peace, and the
real question before The court was wheth-
er upon, ;rus construction, the treaty in
cMded thoso debts OF which no pay
nent had been already made, under the
State law, into The treasury, or whether it
vas intended 70 operate exclusively
against lulrre payments under l.e State
law. The Court of Appeals Of Maryland,
Decided that the Latter was the proper con
r uc'ion 10 gi' e the Law and the treaty
The Supreme Coult of The United States,
however, decided differently on appeal
1t was of opinion thai the treaty gave a re-
covery to the British creditor, notwirh-
standing any payment made tefore the
treaty, into the State treasury. SO the
British creditor was restored to his rights
by the treaty End did no, have his costs of
suit to pay and get nothing, us Mr.. s. as.
aerts'
It appears, shen, that so f.c Hota this
beng one instance Of "unjust population"
by the State Of Maryland, that State had |
nothing IL do with he ase--i, was a new
question Of legal right between the Brit.
ish .le5it,r and American debtor. 1t is
true the State did pass the act for the Sc
quesTation Of British debt, which &c,
was subsequently, annulled b. lhe Treaty;
yet in so doing she bu, exercised her tight.
tui authority but used aa ordinary and
legitimate means OF narjare, which had
been exerci ed by most of the other States
and especially BY Georgia and Virginia;
and means 100 in the exercise of which
she was expressly sustained by all The iu-
dicial tribunals in The country from the
Highest to the lowest.