Holly Springs gazette., 1843-09-29

nc Dill " 4ACI PISS u tiIatlf III iNO-s ABc
INTRODUCED in 80 One similar IN detail.
ani Identical in Object, had been presented
"A. The preceding session. The paternity Of
the measure was warmly contested by con
sDicuous members Of the wing and demo
cralic parties and Tho honor proposing to
the cSasid ration Of the legislature meas
ure which all sections Of the state and all
,.Iasses Of the people demanded, was deem
al an act Of such transcendant patriotism as
10 entItle the fortunate citizen to the highest
honors and lasting gratitude Of his country.
From the close Of the session at which the
I'LL was introduced, 10 the adjourned session
ofiS37, the representatives. possessed the
means Of daily intercourse with their con
stitucnts by whom the plan and details Of
thc pendmg measure were discussed with
n derree Of interest which excluded all 9th
or subjects The law Incorporating the
bank and pledging the faith OF the state to
procure the capital, was publlshed1 aud a
vain. Al the elections WHICH occurred be-
fore the session Of 1888, was made a test
question. The successful candidate for the
Gubernatorial chair was compelled TO veil
his opposition TO the policy Of the measure;
and the demon OF anti-bankism was for
Tine laved by the presiding genius oil
The Union bank Every stage Of the
bill every act olthe legislature, was watch
ed bv the whole people, with degree ofin-
terest fully proPorlioned to the Importance
oftbe subject.
These facts show conclusiycly, that the
subseoaent approval of aitirmauce, by the
people. of the acts Of their government were
not the result Of ignorance or misapPrehen-
sion. Under these circumstances, Il would
betreason against the admitted capacity Of
The people for selfgovernment, to assert
that thew were incapable Of deciding on TIE
validity ofthe law; or that they did not or
could not comprehend the obligations impos-
cd by it.
1.-The individual acts Of the citizens o. a
noIiticaI community can bc'c0nsldeTcd as |
lest Of the public will il would appear that
there IS almost positive proof that the State
of Mississppi-appro and ratified the acts
Of her Government and officers performed |
ir reference 10 the pledge Of her faith and |
The procurement ofthe loan. 1t is propo- |
sition which we presume will not be denl |
"a that lIl of the citizens Of the state who /
IN any public or Official capacity exercised |
anv rioht or performed any daty, created or
imposed by the law charterlng the bank
and authorizing the loan, thereby admitted
The constituiionalitv ofthe law. Otherwise
they acted in violation Of a solemn du.y I'm
Dosed on all Of the citizens, whether IN
private or public capacity, to support the
constitution, This principle applies with
equal forco to all OF the citizens who &C
qaired rights or enjoyed privileges under
the law. The former class embraces. your
late executive and the members OF the legls-
lature elected in 1887 and '39. The ciii-
appointment aided in organizing the bank,
and the various judicial and ministerial ofi
GERS throughout the state, who in the dis
charge of their respective functions have
recognized the binding force of the law.
Amongst the latter are included all Of those
who attempted to avail themselves Of the
privileges and advantages OF stockholders;
and those who, cognlzant OF the terms on
which the loan was obtained, borrowed
money of the bank, and applied It to their
own uses. We are within bounds when
we assert that the whole ofthese constituted
a majority of The entire voting population Of
the state in 1899. Ii will be observed that
we do not pretend that these acts Of recogni-
lion were performed by the people in their
aGurepate character. But. as the Will of
the state is but the united wills OF the indi-i
viduals who compose the political commu-
nity. and as that will can, in no case, be as
except through their individual
acts, the essed opinion of a majority OF
the whole of the individual citizens must be
held equivalent 10 an expressed will of the
state.
But we do not rest the obligation Of the
state on the individual recognition Of her !;
citizens We propose to show that the peo- /,
pic, acting in their sovereign character, ,
have affirmed the acts Of the government, ,
and by such acts ofapproval, expressed or
implied, have bound themselves By the in
contestible law Of justice for the payment of J
The bonds.
In the discussion Of the proposition above !
assumed, we have admitted, by way of ar
rument that the acts Of the executive and .
legislative departments. being irregular and :
void, have had no effect to bind the state :
The transaction, then, may be assimiIated !,
10 a case where a public agent or officer !,
has, without authority, contracted in the :
name Of the state. Such. for example, as
he convention entered into by the minis-
ers on the part of the United States with the !
first consul Of the French republic, for The !,
purchase and ccssion of the louisiana ter :
ritorv. The ministers of our government /
were Unauthorized TO contract for the pnr-
.hase Of that territory. Their acts were. :