Louisville messenger. (Louisville, Miss.) 1842-1843, 1843-09-16


adjust and loIqul,ous, yet, ".
were done by the nulhodt, y
rfcnch people, bis acts s,fo -.
u,urpnlion. II Il. uuloIln1se
Mr.. Yergrr, that this case, AZ.
o. sustain him.
A. 20 what has been cnllm
Shnfkcy's decision, and whG
Ycrgcr introduces In pat, 10 y.
the cons,iiulionaliiy Of the Lnr1Nf s Z
will remark, that The question hse
the court, was, NJ 10 the nabI6. ~ 4
the plaintiff. inofrof, on loan q, NJ
they had obtained from the lI,0I
A number Of plcas werc md,
their counsel, one Of which wme
the bonds were issued unconsips'
ally. Judge Sharkey shows, clea.
that whether the supplemental
under which, II was aldged,
bonds Issued, was, or was not Coma
tutional could not affect tho liaMn
of the PLAINTIFF In error, TO tie b,m
that the original charter, vbi6
was admitted to be constitulioa
"the power to take notes and ac
them is fully provided for, and i I'M "
be valid, then the remedy Is uadout
ed and the plea presetns no bar
the action" Here the Judge ism
ouestionably correct; and let itb IN
kept in mind, that the question b
fore the courl, was, not as to the la
bility of the State on the bonds, bu
as TO the liability of Campbell and
others, on their note TO the Union
Bank. The Judge would have n
yelled strangely "Out OF The record #
if, on question Of individual liabli
ty to the bank, he had attempted
! decision of the question, as 10 The
States liability to pay the bonds. /
the bonds should be unconstitulioDa,
and the State not liable, that dOs
not release the bank from liabiliyM
them; for she endorsed the boud
sold them, received the money, USED
lii, and agreed TO pay them ath
agency of the United States Bank,a /
london. If, then, upon this money!
for which the bank is bound, she his
issued and loaned her notes; eyeG
principle of equity and justice It
auires, that the debts thus created
and due the bank, should be PAID
Justice to the bondholders requires il
that the bank may be able tore
) deem the bonds. If get into my
f possession fraudulent bond, sell y
and receive the money upon It, a.
! though the purchaser has neithera
: legal or equitable remedy Ggaias
+? the alleged maker of the bond, yet
) he has both against me, who endar.
ed it, and received the money on it
!, 1t is admitted, that Judge Sharkey
makes some incidental remarks as 70
t the design Of the supplemental act
e which | think incorrect, and which
!. doubt not, he would correct upon re
n lection; but he does nOt attempt IL
J decide the constitutional question Il
e reference to that part Of the supple
i mental, which authorized a loan cor
G tlary to the provisions Of the origins
5 charter. Indeed, it was not relevan
!. to The issue before him to do so.
e But had Judge Sharkey, dicide
y that the bonds are constitutional, an
!. the State bound for them, that dec
e sion would not place me, nor any eli
d zen Of the State under obligations
e decide in the same way at the ball
d box. This is political, as well as
j. Judicial question, and much as l.r
e spect Judge Sharkey as man and
J. a jurist, no decision of his, nor of al
v earthly tribunal, can dictate 10 me t
e vote shall give. At the ballot BIO
d |, also, am a Judge, and have to d
Is eide, so far as my vote will go,
y questions vitality affecting the int
j, ests of myself and my country.
s. there act upon my own responsible
d and upon my own convictions
O. right, and acknowledge no dictat
IS whatever. Entertaining the vie'
r. of this question that do, shall,
e. the exercise of my political rights
n sist, at the ballot box, all, and eve
10 attempt, that may be made to inva'
il. the principles Of the constitution, !
a. gardless of the quarter from viii
Of they may be made. That the bon
Is ought to be paid, admit, and no c
5 izen Of the State will be more rea
At than myself, to aid in the adopti'
!" of such measures, as will secure tht
il payment by the proper means, a