The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-08-10

press contract against unjust and excessive
taxauon, - well as against unwise Legislation
generally" 4Feters r. 563.
The same principle VIII Be found 10 prevail
universally; and, indeed. Il may Be lald down
a. legal AXIOM that where 4 p0lncr af assis.
Ton o. action Is o0nfded 10 any person o. irtbii-
nal sgilh0st an appeal Or ogisr mode ofrerisi0n
being prusiaed D. presoribsd, ne decision a. &C.
tion 81 sueh tribunal ~ person, Is final and
conclusive against ah tie isorld
i may seem an acl Of superfogafion 70 null
tiply authorities upon this point, bnf as his il
lhe strong fortress Il anii-h0ndisn, the only
nmpart bahind which honest men can shield
themselves, hope may be excused for intro.
dncng another decision made By the highest
judicial tribunal in the Union. 1freler 70 the
decision of the Supreme Court Of the United
STATES. 10 Peters r. 44o.
lnthis casea judgmen rendered in Ohio IN
a suit begun BY attachment, was impeached
and it's val dity impugned. because the record
did not contain evidence that the prerequisites
Of the law-ceuditlons precedent 10 the right to
sue out aulattachment had been complied with
prior 70 the issuance Of it. The Supreme
Court remarked upon these objections, that
sthere is no principle Of law better settled,
I
jurisdiction shall be presumed to have been
ighlly done till the contrary appears. This
rule applies to every judgment o. decree rem
dered IN the various stages ofthe proceedings
from their initiation 70 the completion, as TO
Their adjudication thai the plaintiff has right
ofaelion. Every mater adiudicated becomes
a part Of tier record l0hich thereafter proves
itssB, iviih0ia referring 10 the evidence on
'ehich e has oeeH agudged." 10 Petors' R.
ara .
Now refer to the charter ofthe Union Bank
and test the validity o the bonds by this rule.
The legislature, competent jurisdietion--in
fact, the exclusive iudge-had submitted to
them the question ofpublicAtion. by the pas
sage Of the bib, they have decided that the
publication was properly made. This adiudi-
Gallon ihon becomes part Of the records Of
the'country, and proves itself without reference
10 the evidence on which i has been made.
Again, says the Supreme Court, SHE judgment
Of this court Is conclusive, unless L dppsar on
he iecord thar The plaintiff has no title to The
thing demanded, OF ihatin rendering Judgment
they have all erred in law: all defect n setting
out title, Or IN tie Evidence 10 prous Il, ar
cured, as wen as all irregularities which may
have preceded the Judgment" 10 Peters R
472.
If such be The adiudicaiioHs IN questions o
private right, and the force and validity ofiudg.
menls Of the courts between man and man
with how much more strength must these rules
apply to the proceedings Of the Legislature
whose acts affect the interest Of the whole
people, and when a tight TO inquire into the
evidence on which they acted, and to impeael
and vacate their iudgment, if ihe etdeue'
were deemed insufficient % justify their decis
ion, would involve the State in luedeemabli
confusion, and ieopafdiae The property, il MAJ
be, the lives Of every maH in the community
We can Illustrate the absuFdity ofthe position
Of those who insist upon power 70 inquire u
10 the evidence of publications By recurrence
to some other constitutional provisions. BY
that instrument no person can act as a 5enato
Eil be arrives at the age Of thirty years no
can any one sit as a member Of the House IN
I'll ne is twenty one years 0fago. Suppos
that a law should be passed By majority
, Of a single vote IN each House, pledging th
faith Of The State for a loan Of money w0ah
] not any one be deemed almost madman whi
/ should argue that the law vas unconstitullon
al because there voted with the maiorit
in each House, a member OF the legislator
: who had not obtained the age required BY ID
constitution No one would contend for
: proposition so absurd. and yet It IS as valid Q
} the argument Of those who insist that the Dn
t ion Bank bonds, for want Of the publication r
> quired BY the constitution, are Illegal and 10
f valid ia law be passed By majority Of
3 single vote. and one member Of that majout
: had not in fact attained the age required by lh
chat ettsssaFsH kaa heasz
: and the law would want the requisite cuust
: tuition majority 10 give it validity. Wher
9 then, Is the absuFdity olthe position! ttgTow
n out Of an attempt 70 impeaoh a necessary ru
: Of law and parliamentary proceedlngs--a rul
: of law necessary to The safety ofthe common
: wealth-to the security Of the people, anc th
n peace and good order ofsoeiety to-wit: Ii,
! each House must Be he erclassUs Judge IF q
= modification Of is olBa members. The sam
d rule must Of necessity apply in reference
!. every other fact or circumstance which Il
e constitution enjons previous TO the passage
3 q law. I'll.
e In the case ofVoohees, vs.. The Bank oftl
: United States, the judgment in the attaehmel
y suit was i.npeached and its validity denied, b
g cause the record did not show that an order
sale which was made IN the cause had bee
}. published for fifteen days before the sale, as r
{. uuired by the Law. IN answer 70 thus obie
IS ton the court say: Son an inspection Of the
D, proceedings, collaterally, We can judicially g
g only wat the cour. has done. not whether tn
Il have proceeded inUefs0 0I'dips--sFroHs0iist
a according 10 the proof before them OF VII
y they have omitted or ought to have done.
q They have adiudged that the order Of sale v
n executed aggreably to law. Nothing appea
i on the record to impugn their Judgment
g. mus therefore Be taken % be true N fact a
N salsd n laso." | might. i'll were so disposs
y 20 on citing authority without limit. and a
e. King quotations without number, to ealabll
this position; but the books already quoted !
j. ofsueh high authority the principles laid do'
a are SO judieious, and address themselves
y lorciblv to The common sense and understar
Al ing of every person. that an additional nums
= Of references would be an act Of supeFerros
q ton on my part. and wearisome g you. :
fee t % say that throughout TIE whole ran
Of English and American law-boolEss the dec
= ions uniformly establish the position that
n Indictment OF a court If competent iurisdict
y contains conclusive evidence that eli the q
~ dfuons precedent 70 the rendition Of 81
! Judgment had been performed; nor can
= came Be vacated or annuIleds unless the
cord of such judgment show the non-pert
: nance ofthe same.
Should an action be brought against /
!: State upon these bonds, 60 fully satisfied a
Of the legal liability Of The Stale acoofdins
every known principle Of Jurisprudence, hi
o would willingly submit the decision to a 7