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

adopted this clause Ia tle cDuutiluti6n for their
own projection but IL they choose for my FAM
cied benefit 70 violate IT'D provision and 70 diey
regard 10 forms surely they can never be heard
| into, they were made ii derOgaticu ofaTule Of
government made by themselves. This posi-
ton Is not taken 81 ne unadtisely, but g
sustained not only bY common honesty, but By
the opinions offhe highest authorities On tie
laws of nationEk Vafkle az page lit, of bis
treatise thus lays down the law:
cit IS necessary t|al nations should be able
to treat and contract galidly with each other
since they would otherwise lind il possible 90
bring their affairs 60 Uni issfes Of 20 Obtain the
blessings Of peace with any degree OF certain
has ceeded any part its properly 10 another
the cession ought TO be deemed valid and irre-
vocable as in fact il ID. in virtue Of the notion
ofproperzy. This principle cannot be checked
by any fundamental law BY which q nation
might pretend to deprive themselves Of the
power of alternating what belongs 70 them for
this would be depriving themselves Of all power
to form contracts with other nations Of attempt
ing to deceive them. "A nGtiOm wiA such g
ldiO Ough: neUer 20 treat concerning Us proper
ty; If 4 Is obliged TO u bg necessity OF deksYus-
ed TO do 1t for u. OaCs advantage The moment k
breaches a treaty on the subject, q reannOainces
its Fundamental kGaU.~ ,sss.ft $3.50
Such would be the reply which the Congress
of nations would give 20 the State of Missis-
sippi.. If the State has clause in It's constir
tuition prohibiting itfFom borrowing oney,and
il is obliged to do so by necessity. or determ-
ined to do so for its own advantage, the mo-
ment the loan is made and accepted, 1t re1oun-
ces ITS constitution,
| 1t win not do to contend that State cannot
thus renounce its fundamental law. It is
true that where the lights of third persons arc
involved it cannot do so to their prejudice.
But where nation prescribee limitation to its
power. of its legislature for its own security, if
the nation stand by and see the legislature en-
ter into contracts, or pass laws in violation Of
such fundamental Law, the nation by its silence
where the interest Of others are concerned be.
comes bound by the act of its Legislature.
| This is principle of good morals and sound
equity as well as of the laws of nations.-By
| the maxlms of Equity, if the owner of proper
ty stand by and see another man sel-
| ling it, and do not make known his claim, he is
forever estopped in equity from setting up his
claim against the purchaser. So. too, by paris
ty of reason, the people Of State stand by and
see its legislature enter into contracts, and
pass laws IN violation Of ts constitution, and
make no objection thereto, would a court of
Equity estop them from denying the validity
of such contracts, in an action brought to en-
| force them T..
Upon the right Of th4 Legislature to change
| the fundamental laws even In matters essen
tial to the powers Of goyernmept Natlle lays
down tue rule Of the law 70 be this BY the
fundamental laws Of Eng land. the two Houses
/ ,5f 1ariiaI0esksiu concert with the kim. 8sfz
else legislative power but II the two HoaessI
should resolve to suppress themselves, and 70
/ invest the king with full and absolute authori-
ty certainly the nation would not suffer It and
| who would dare to assert that they would not
l have Alright TO oppose It But 5f the PGrkt1-
sne1f entered into a debate on making 50;
CONSIDERABLE change, and te Whole nation scns
voluntarily silent upon Il ibis lcOHld be c0asid.
cred as an appreciation Of The dot ;cf is rePres'
entdtiues. ...Howi much more forcible liz the
present question against the people of this
| State The people Of this State were not on
| w silent upon this subject but in ever y
way in which the people can speak, by means
of its legislature, its executive, their primary
assemblies, and by borrowing and using for
State and individual purposes apart ofthe mon
ey borrowed on the faith Of the State, have
they given frequent and repeated evidences of
their approval of the law, and OF the act OF
Ither representatives IN its passage Suppose
that, the constitution of the State had entirely
nrohibited pledge Of the faith of the State
for the loan Of money and thatWe had become
involved in war, in which il became necessa-
nv. i'm order 20 its EuccessfuLl prosecution to
obtain money on the faith of the state. LII IN
II der these circumstances the legislature with
the sanction and appreciation of .he people, had
obtained the use Of the means necessary 70
prosecute the war to afeuccessful termination
bv pledging the faith Of the State, IL there q
mar who would for moment advocate the
& reputation. of such debt. contracted under
such circumstances4 Surely there i not. Tc
what extent would the loan IN the case sup
posed differ from the annual question before
4 the people In the year 1888, from causes
. which il in needless 10 name, picture Of rum
aud distress appalling in its Oh aracter afld dIs
i olating IN its nature presented. itself 10 tht
leve of the PATROL, ON whichSocversslde he turn
!. | ed Men who had been used TO Hfiiuence,a nC
} deemed that they had erected their fortunes
upon sure and stable basis, beheld their wealth
and, prosperity crumbiing before them 9
Z though the wand of a magician had heen wal
al we'd over them in wrath; and struck then
4 ( with dismay. In every county, the dockets 9
a the courts were crowded with enlts against IN
: citizens Of ouf State, and many who had. stop'
: lfaresf and highest amongl us. were neelnI
j. from the State, carrying away us Weallhs ina
they might avoid fhe inevitable ruin and bank
{ ruutcv which stared them I'm the face. The Ger
d leral Government bad proclaimed that il coul
d afford do relief 10 the people. who Rereto =
L " upon their own exeFtiOns 20 escape from ~
a ldapfhs Of pecuniaFy destruction which, 9eem
/ led 10 surround them.s sAsningle wild and uni
! lusrsal cry for some measure ofrelief went n
g Ifrum every portion of our State and % aEpeha
& that eFy--to satisfy the wants q the peopl
d which seemed almost beyond KeGcessy--W
r. protected fhe scheme Establishing the Unis
= Bank, and Of plsdGine the faith Of al. al Pc
y IpIe 4 Sfatei N onder TO relieve al, as ind
! | viduals. Undeb such circumstances. for N.
il purposes, was this bank chartered, Was q
al money borrowed. Il may be, thar Il ala d
Il subsofpetIle design Of i'm erection. that it d
M not yield the sum Of releff .nst was expoefe.
stilI pne thing 10 beyond dispute, and neak
II aaoid itas we may the lact always remains
e I'VE borrowed the -doney IL was used BY o
Il people inthe pigment OF their debts, end
IL fhatextents sxda5d 10 The wealth Of the Stat
'le nppnthe 5ledQe Of whose faith Il was ioaue
q Let Il Be admitted fot llI1 sake of nEguEleI
q thu the law was Mt published g the mann
prescribed bg the CONSTITUTION. and that that a
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