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

people mightnot be taxed with debts,apd bur.
dened with liability, without having previously
canvassed the propriety. and debated the utili-
~ Of the measure proposed lift be admted,
for the cake Of argument, that this law was not
published in. the strictly formal manner re.
qulred by the constitution, still If the people
had nOelce m fact Of the proposed measure, and
having such notice, elected legislature who
passed the law, the State Is bound, BY every
principle Of equity, to meet the obligations inn
posed by the legislature. What are the facts
connected with this ques ton Z In January
1888, it became the law of the land. In the
meantime two general elections had een held.
The journals Of thu legislature and acts OF
assembly containing the proposed law, had
been canRassedb by candidates for Governor, who
everywhere discussed the proprie.y ofthe mea
ure.L andldates fer the Legislature declared them
selves for or against It. The editors Of newspa-
pers, not of three only but every newspaper in
the State. called the attention of the people to
the law proposed to be enacted, and warned
Them ofits improperly or advised them of its
utility and hazard nothing in making the as
sertion that at the general election in 1887,
every voter in the State well knew that at the
next session of the legislature the Bill to
charter the Mississippi Union Bank would be
proposed a second time for the action of the
legislature. With this knowledge on the
part ofthe people, this law was passed by a
large majority in the legislature, and with the
consent and appreciation of large majority of
the people OF the State How futile-how
technical. In fact how fraudulent, does the OBJ
iection--that the strict forms of theconstitution
had not been complied withsound In the mouths
a people who had all the notice which that pro-
vision Of the constitution was designed to
give them, and who did not object to the pas
sage of the law, bat gave their sanction and
approval to its adoption, and elected the legis-
lature which enacted it after full and thor
ough discussion oil the merits and detects of the
proposed enactment. e .st
In matters Of private right, between man
and man, plea of this kind in court Of equi-
ty under such circumstances would be utterly
disregarded such in fact had been the adiuca-
ton ot'the English and American courts upon
question very similar in its character, and
where an adherence to the strict words of the
law would not involve more moral tupitude,
nor produce the wide spread injury as IN the
present case. allude as you Will readily per-
ceive to the laws requiring the registration O.
deeds. BY them it is enacted that every reed
shall be recorded, and that deed not recorded
shall be void as to subsequent purchaser d
the property !; no exception whatever was
made in the law but when the case was pres.
ented to court of equity, and 1t appeared that
the subsequent purchaser had notice In fact Of
the existence of the first deed, although it was
not recorded the court declared that the OBJ
ject ofthe law was to give no;ice-and if the
subsequent purchaser had notice, though not
in the form prescribed By law, The object and
intention Of the legislature were fully obtained
and that II ar1s s eiisnt % 3 1T ) per-
son having all the notice the law designed, tc
avail himself Of omisslon, which had wr)ughtnc
prejudice to him. The rule IS thus laid down in
Fonbianc S treatise on Equity, page 43. ,Equia
ty SAYS if the party knew of the unregistered
deed, his unregistered deed should not set i
aside, because he had that notice which the
act of parliament intended he should have, so
too would court Of Equity say to the people Of
the State IF you knew Of the proposed, law
and voted In reference to its enactment, the
failure to publish it in the form prescribed by
the constitution, shall not avail you, because
you had the very notice which the constltu.
ton intended you should have"
There is another point Of view in which
this question may be considered. The con-
stitutional provision requiring the publication
of law pledging the faith of the States prior t.
is passage was intended as a limitation upon
the people themselves, and to protect and
guard them against unwise and hasty Ieglsli
fionIt could never have been intended to affec
the rights or operate unjustly upon the clam
of foreigners. Who composed the conven
ton which framedthe constitution g-Citizenl
of the State Of Mississippi, elected By the PEG
pie of the State Of Mississippi Who com
posed the two different Legislatures whicl
passed the law under consideration Citizen
of the State OF Mississippi Men selected b.
the people of the State of Mississippi, TO
their intelligence and worth to- rePresen
them in the Legislature. In each case
| then, as well in The passage of the law a
| IN the adoption ofthe constitution, the PeoPl
of the State of Mississippi acted in the onl,
| form in which States can act, to wit through
| the medium of Representatives in whom tn
sovereignty of the people for governmental pun
poses is vested. IF then the people OF tn
| State of Mississippi in convention declare
1 that no law pledgmg the faith OF the, Stat
should be passed without compliance
with particular forms, it was the same peopl
which in the Legislature adopted and approve
the bill chartering the Union Bank. II tn
forms prescribed by the constitution, were n.
complied with in the passage of that laWs u
State Of Mississippi cannot be heard 70 say
i the forum of nations that she violated her on
constitution, and disregarded her own t1ndl
mental law. That constitution, was only y
tended as rule of legislation for her own PEI
II ple, as 4 limitation upon her own powers, an
Eff she chose to Disregard surely no con
would listen 20 plea, thus setting up her oN
iIlepal conduct 40 defence 70 an obllgAtlt
incurred or contract entered into. TO aam
Of such a plea would be to SCI at nanght Y
sacred maxim recognised III al Judicial tribu
80. thai .n0 man shall take advantage cfh
kown wrong, e and to substitute IN Ifs stead =
fraudulent and iniquitons doctrine that
State has riQht % violate issoWn ccnstltull'
J En- the creation Of debt. and 70 take adyanta
LOFTS wrong, ia order 70 avoid It's payment
! SuFely such creed cannot be tolerated
let a place the Etate Tor an instant on q
J Houestioa ia TIE situation 81 private indlvldE
] and see with what race this plea could 5e 4
iced. "A, FOR The better regulation Of hrs oF
! conduct and the security uf his affairs has
! kfablished a. affixed raEe a. action that he "
! fhever become the security ~ another 2sAa
) Erecalestsd n surifizlg h - IS Some time I
7 / terwards, b. bis friend applies gerba n =
! Ito become his security ~ dlsEeg AFdlpg
fixed rub Of condneti s. the verbal Te9Nss
9 his friend signs note . surety g
/ would a Be heard . eay Tor az instant 9
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