Holly Springs gazette., 1843-09-29

The history o. the United States. A refrr-
euce 10 two Instances will be sufficient
he eSis.ature. al their fifst session,un-
der the amended constitution, were rea1ir,d
10 apportion the senators and Representative
among the several counties. ciiies and towns
entilled 10 representation and thercalteI.
unul the year 1915. al periods of no; less
lnan iouf nor more than every SIX wears IN
make new aPPotonments. ISee aiticle IN.
sec. >, Con- Missl Ii is a lact which ne
presume Is known to all, that the last amor
| tionment was made BY the legislature. with
| IN less than ioqr years from the preceding
! aPpoiuonment The act under which the
present Legislature was organized, was ahso-
iqteiy null aa' ing been passed in violation
q t"e constitution, As necessary coGSe-
| quence. there IS 60 legislature now in exis-
ience, and no executive OF the state. Althe
acts passed BY The legislature since the ses-
slon o. 1871, are absolute nullltiss being
the acts ot persons elected and assembled us
the Legislature branch of the government. la
direct violation Of the paramount law
These are the inevitable results. unless the
action OF the whole people ofthe state. ana
The acqaieScence OF every department OF the
government have had the fact to validate
that act of the legislature. As the Iule -
tabilshed by that act Of appoHianment. an
Piled to the political organization OF The
state solely, and does not regulate the nri-
vate and social relations OF the citizen. we
presume It would be 50 holden la fact tho
exigcncy presents the alternative ofsubnjt-.
ing to reoreanlzatSon of the eovernmen.
BY movement essentially revolutionary. or
Ct dIssolVing the present government ofthe
state. The judiciary would be bound TO IN
fer the validity of the law fron the assent
given 10 IT BY the people ofthe state.
Again, this principle has been clearly re-
cognized, and It's practical application ad
mlted by the people Of this conttderacy.
IN one OF The most important transactions
connected with their history We alluae
10 the purchase and annexation OF I.ouisiap.
4 to tie Union
TWAS admitted by Mr. Jefferson, and bv
aone conteStsd, that the power to make trea.
Ties did not embrace the authority ON the
part CT lie general government TO purchase
territory from a foreign nation. As no
shadow of authority for the act can be de-
daced from any o.her potion ofthe constI-
tuition oftke United States, the act ofnur-
chasing The Louisiana territory remains as
ton Of the constitution; as tie government
Of The United States then possessed no au-
lhority 10 affirm the acts ofthe President
and Senate IN reference TO that purchase.
aud have not since by any amendment OF
the constitution acquired the power to do So
If the people, under the American sys-
fem OF government, possess no power, act
ing apal from iheir government, or cannot
By an implied assent expressed through. is
various departments, validate an act in X
self void, which effects them solely in their
sovereign character and their external re-
lalions, il flllows inevitably, thatthe treaty.
with the frs, consul Of the French republic.
for the transfer of Louisiana, is now not on
" illegal, but that 1t still may be vacated.
BY that department of government which
has the right 10 adjudicate upon the cons.i-
tntionaliiy Of treaties and further, that the
states Of this onion. embraced within tho
territorial limits oil Louisiana, are not right
fully members of the confederacv. But
none will now be bold enough to affirm
that the implied recognition, expressed
through the departments of government.
state and federal, Of the people of the Uni
ted States, IN their assent to appropriations
Of money for Its payment, in their approval
of various acts of Congress, connected with
the occupation of the territory, and the sale
of fand, has not operated as a complete vail
dation of the tiealy. and barred the aulhori-
ty of any tribunal 70 question lis validity.
We shall assume then, as position es-
tablshed, that the people Of state, in their
sovereign character acting apart from their
government or by an assent expressed bv
acts Of the different departments thereof, nav
affirm void law imposing an obligation
or debt on the people or the state in her
sovereign character, and thereby bind her
self for It's discharge or payment. The
question then occurs, whether The people of
The state have, by their acts in either Of the
above stated forms, affirmed he acts Of their
legislature and officers in charlering the
bank, negotiating the bonds, and receiving
their proceeds
The pFojecls of government, too frequent
Is, have their origin in the closet Of the pol
illcian, aud p.ecode public sentiment by an
tlcIpatlng the wants or interests OF the COM
munity. Bulthe establishment ofIhe I'm
ion bank was. emphatically. measure of
The people. In advance of legislation. thar
subject was an absorbing topic Of popular
discussion Your newspapers leemed das-
lY with essays. displaying the advantages,
and urging the expediency of Incorporating
the bank Perhaps IN no community.
where parties were so equally divided and
where party strife was so invelerate. has