The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-09-28
ADORE SIS
a - - - - - ~
or THE WING CONVENTIONTO
THEPEOPLE OFTHE STATE
OF MISSISSIPPI.
IcoN0LUDFDl


The State or sovereign are naturally subject TO
The same ruloe Is tEose Of private persons,
lVattel se@d0n 2i3.l The foregoing cases
are OF illustrative Of The rule. Where an
indviiaal o. Stale permits third persons 20
part with property Of money, upon the supposi-
tioa o. belief that they are advancing d upon
The faith Of some agreement made with The
State, Il no such agreement was made. Or n
made without authority, il is the duty Of the
Siate 70 prevent H. n The Legislature, With
knowledge Of the facts, permits The party 10
part with hia money or properly, without inter-
tering, It would DO a gross fraud, and 10 bolh
law and morals The Stale is bound. Many n
Illustrations Of bis rule might be put. IL man
stands by and secs another convey lis property
without authority, and docs not make known
his claim, be Is guilty OF fraud ifhe attemots
afterwards to assert IT, Vide I StoIy Eq.
$40, e. Segl
Il remains for us to enquirc, with the view
Of correct application Of the foregoing prin-
ciples, what acts OF omission or Of COMMISSION
The Stale has expressly or impliedy affirmed
BY her Obhg tons.
Before the Legislature N 1899, had met,
the commissioners had sold S5,000000 ofthe
State bonds for the use Of the Union Bsnh
Governor McNutt, in bis message 10 that bcdy
particularly called their attention to this sub
ject. AZ that time one fourth Of the prfchase
money had been paid over TO the Union Bank.
1.-The State then intended TO repudiale, or u
any known grounds for resembling he s7le
then existed, Why was il not proclaimed! II
hOResty and good faith governed her eounsels,
Il was her dutg thea to make known her OBJ
iections, aid thus, moi only he money actually
received might have been refunded but the
purchasers Of the bonds thus frewarned would
have been lorearmed, and would have withheld
the remaining instruments. Instead OF pursn-
ing this the only course compatible with IN
Iegrily and % d iijh, the committee Of the
Legislature reported aud the Legislature con-
finned their report, aha, The sale 0f The boHds
tpas highly ada tags9us 10 me STATE and the
Banks, and in accordance ,clth the ujunctions
Of the charter, rejecting he highest credit On
fhs commissioners and bringing timely aid, 70
an embarrassed community.
In l540, tie Legislature appointed COM
mittee on the STATE Of the Union Bank, but
The idet OF repudiatior was not then broaohed.
Ia 1871 both Houses Of the Legislature ap-
pointed a committee 10 report on so much o
the Governors message as related 10 the obi
CATIONS Of the SAFE or account OF these bonds.
30 d co,ami tees made reports affirming tho
obig ton and pledging anew the faith Of the
Satef q redemption.
Afer such repeated recognItions Of the va
idty ofthe Union BANK boud-, whereby addi-
imnal Inducements were held out 70 the pur.
chasers o. the bonds To pay oyel the remaining
Three Ourhs Of The Union Bank bonds, AZ e
majority ofthe Uoters II the Safe, Of BOT pOit-
icldmrles, had received and enjoyed the het-
eft Olthc capital thus thrown into circulation,
vi b what conscience tsn the Sta G attempt
10 eyadc pavmeni Of this debt. u an indi-
dual should act thus, he would be universal
" denounced as dishonest aud fraudulent
And surely the State, whose first duty is 20
IOsier good morals among the citizens that
compose il, should not claim The privilege Of
rcpudia'inE, by her Dan eramyls those priuci
ples On which good morals depeud We will
be told that the acts Of the Legislature are not
tho acts Of Tie State, Interference to the loan Of
money, that the constitution requires the con-
current action Of tw1 successive Legisi tures
aud an immediate reference Of The subject 20
the people, in order to pl dye The faith Of the
State ioi the redemption OF such loan Bat
we have alyeacy shown that he reason Of this
rule is to enable the people If hey are unfavor-
able to the measures to elect legislature IN
favorable toiL Had not tho people tins oppor-
tunily afforded them After lie Legislature
Of 1898, by which the act incorporating the
Bank was ultimately pass d, nav legislature
was elected which in 1871, affirmed all the
acts oflhe preceding Legislature. The mem.
bors composing tae Legs aturo ofi54l. were
elected loih reference ioihe question ofihe con.
aiiuionalig Of fte bonds, aud iherefre tile
acts Of tie l.egslatureo Of 1885 ard sll,he acts
done BY their authority were submitted to the
people, as fully TO al int nts and purpose, as
If reference and publication had been m,de
IN the manner pointed out in the constitution
and the people taciiiy affirmed those acts by
oleciing new Legislature favorable to the
recognition and payment Of the bonds. Our
readers have doubtless borne in mind (as re.
quesed IN a foregoing palt OF tbs address,
that the only evidence the peoples viii ator
dea by the mode prescribed in the constitution
is atact one, resulting merely from implication
which implication depends on the mere fact
that the people elected a legislature favorable
toany proposed measure. And We now asl
them, whether the implication arising from tht
fact, ihat the people Cleo ed for le4l, a major
~ Of RspresenGtires favorable 70 The recogHi
ton and paumsnf Of ne Union Bank bonds, at
tsr he question had BEEN fully Discussed bsfor
them, is not as strong as was The implication
which arose from their electng a majority &
representatives, in 1873, favorable TO the pas
saps ofthe Union Bank oharter,) that the pee
DE were in favor Of that charter. Tho Teaso
ii both case IS the same-the people in bot
eases, bad the same opportunity Of maxim
known their viii, and the evidence on who
the expression that the wall rests IS, IN BOT
eases he same, we therefore contend that th
spirit OF the constitution was thereby fully sa
isfed, and all its acquisitions virtually con
Piled with, The peope having once aftirme
this contract, could not afterwards fairly az
honestly disaffirm or cancel Il merely hecaul
Il proved improbable aud disadvantageou
which Disaster by the way, was Tie result
the timid and sordid policy Of her own kepr
tentauves, acting under the influence Of par
feeling without regard 10 the honor Or intere
a the State. The idea Of repudiating q
safe bonds, never was proclaimed, until
was discovered that tho Bank was nained
acknowledgement.
Let Us suppose that the adnionitious of6C
efnor McNulf 10 1889 and 20, bad been
garded by the Legislature, and fhat By un
p and malicious inierposition 81 State su,hor
IL assets oftbe q. bank had beea so secured
10 indemnify he State. would not these "
mer who are now clamoHng agalnst ne bon
have then claimed for @Gogefno MeNui'
character ior intelligence, iofecsst ana prom
tande beVoud al estima5cnl YET nov,
-.- h -. s.--,y.s iaIad these adm