The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-09-21


: from those who are now ID favor ofpaying bot
tie Planters and Union Bank bonds, aud who's
J lopiuions as The trainers ofthe constitution. 3.
account Of their knowledge Of all the ACTS az
. circumstanoes eoiemporary with ils ADOPTION
are enuledto tie greatest respect Ia he inter
probation 0l Is pneyisious and Of the extent o
every Obligation growing ont Of L. Hoping
llat our readers VII beir IN mind these pre-
iatory observations We viii proceed with h,
history q the union bank bonds.
! By the 9Th section Of TIE 7th article Of n,
constitution, i Is provided, NO law shall eve
be passed % raise lean Of money or % pledQg
The ath Of the State for the payment or re
dempton fany loan Of debt, unless such Law
bePr0passd in the Senate OF House Of Repre-.
sentaiiEea and BE- agreed on BY majority o
tho meinboz q eaea louise, and .eniered OF
their jouuap with the yeas and navs taker
thereon, and Be referred TO the next succeeding
Legislature and published ior three months
previous 10 the next general election IN three
newspapers fthe State, and unless majority
ofeach branch Of the Legislature elected aftei
such publication shall agree to and pass such
law, and in such case the yeas and nays shal
be taken and entered on the journals Of each
house.
/ We viii for the present waive The cues.
ton, whether toe passage OF the original char.
Il ter. bylA second legislature does not Itself
constitute proof that al the preliminary forms
Of the constitution were complied with, and
! also the question whether even the omission Of
some Of these forms were not cured by the
subsequent acquisence Of the people and &C.
ton Of their Legislature, and win attempt to
show that these preliminary forms were sub.
slantally complied within every essential par
ticular.
In January. 1ssS, the bill to incorporate the
Mississippi Union Bank s0as proposed, but
not acted on during that session.
In January, (636,a new Legislature Celoc
led in November, 1887 assembled and the
bill provided in 1885, passed the House Of
| Representatives 81 that session by a vote or
49ayes to I noes. The yoas and nays were
taken and they with the Blu Hsrs entered ia
the journals Of the House il did not pass
the Senate at that session. In 1897 at cal
led session ofthe same Legislature, the san, ?
bull passed the Senate by q vote Of II yeas %
SHOES, and theg Diih he biii, were entered
IN the journals Of The Senate. Thus far then
the forms required by the Oh socli ion Of the
7th article Of the constitution were complied
with.
In order TO demonstrate the injustice as well
as falacy Of that rule Of Interpretation which
refers only to the letter. without regard 10 the
| spirit Of the constitution, We viii hCrel digFess
for moment, from our history, INTO reAec-
ton which we deem not in appropriate
The constitution requires that sreFy law
pledgng the faith Of the Slate, shall be pro-
posed and passsd BY the Legislature nsri pre-.
| ceeding The Legislature 70 i0hick Il Is r3fsrred
| The reason nfthis we know to be that the poo
PIE may have an opportunity Of rejecting on
liz. measure 80 taeiay aF. ZIG di-1pprc
vngit
Now twill BE- seen that the bin in Question
,bas proposed by the Legislature Of 1885. pas
aed by a new Legislature in S36 and Bland
referred toa third Legislature in 1888 so
that a Hsl0 Legislature which held two
sessions interviewed between INC Legsl ture
which proposed this bill IiS3j)aud The Lsgis-
laiure to which It was referred 1888 winch
Is plainly contrary 10 the strict letter or The
constitution. But when we take into oonsid-
Grafton that The reason and spirR Of this
clause Of the constitution was hereby more full
" met and complied with, BY affordlng in.
1
reflect on, discuss, and decide respecting the
| prupriely Of tho measure, than Il the strict
letter Of the constitution had been complied
with, we DO not hesitate to declare and no
reasonable man can hesitate 70 admit that 50
Ear from rendering the Bill unconstitutional, &
makes il, as well as al obligations growing
out 81 It, doubly authoraliye and binding.
The 47th section Of the bill thus passed by
the Legislature IN 1855 and 81. reiers the
9th section therol, BY which the faith OF tho
State IS pledged for the purposes therein de-
clared, to the next Legislature and directs the
/ act under the supervision Of the Governor, 20
the next regular election. That such publ
cation was made cannot now be conlroqar,ed
| because. LIST, the Legislature, whose legiti.
mate and exclusive province il was to ascer-
tam this iact during their session in 1888
passed he bil By majority Of both houses,
| thereby raising the presumption that they
had evidence satisfactory 70 them that such
publication as the constitution requires, had
been made In fact il is wei remembered
BY one Of the undersigned, that one Of the
members from Rankin county, moved to bring
( the public printer to the bar Of the House, IN
order that no might be examined as to the
fact Of publication, bat that this motion was
lost because Gas was generally stated BY its
opponeuts) the House were satisfied from
ether sources Of the fact and required no ad-
ditonal evidence Whether such publication
was made or not, clnnot therefore be row
questioned, especially in rsgare 10 third persons
Bona fide purchasing the BONDS created b. their
| law, The Legislature was the only eonstltu-
tonal agent and Judge respecting this fact, and
| ifthev were either hithless OF ignorant, the
/ Statewide ought intthe exercise 81 their cleo
| tive franchise 10 have chosen wiser and more
honest representatives is andlought to be made
respossible.
2adly. the report o. a committee Of the
House Of Representatives in prospecting
The Union Bank bonds, (which committee
was composed Of Reputation Democrats) adj
mas that such publication vas made as IS re.
ouired BY The 9th section Of the 7ih article Il
the constitution. See journal of H Of r.
| 1872 page 720 in perenthesis, Of report sign
ed ]. e. Matthews, Ch'rl
I We therefore hold ID as neontrovertibly
true, both in point Of fact and presumption Of
law, ihat'all the preliminary forms required By
The 9th section ofthe 9TH article Of the consul
tuition were observed up 70 the final passage
o. the bin Incorporating the Mississippi Uniou
Bank n 1888, under and By virtue ofwbleh the
State Bonds were issued and the ai,h II the
State was pledged for their redemption.
Forced rslueiantly to conoede the consti-
tutionaliiy Of the original charter the Reps
diatars now rest their defence on other
grounds, posiefior 10 their origin 10 the pas.
SAGE of the original bill. For these grounds
we Will again refer to the report above cited
lsee Journal Of II. Of R. pages 40 T2l) moi
kaesiee thew derive fictitious influence frOm