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


terest, wisdom and justice Of the representa-
tive body and its relations with its constituents
furnish the only security. where there i no ex.
press contract against unjust and excessive
taxation, as well az against unwise legislation
generally 4 Peters r. sos. = s.. s.. ].
The same principle win be found 10 prevail
universally and, indeed, it may be LAID down
as legal axiom, that where PoaOer Of decis-
ton or action IS c0nfded to anu person or tr,b..
nal acithoast an appeal or Other NODE of rep;s;o
beng ProUided or prescribed HE decision, or &C.
ton of such tribunal Or person, Is final and
cOnclmsfue against al The lc0rH.
It may seem an act Of supeFnogafi0n 70 null
tpiy authorities upon this point, bnt as this is
the strong fortress Of anti honaism, the only
rampant behind which honest men can shield
themselves, / hope may be excused for intro
dncing another decision made by the highest
judicial tribunal in the Union. Ilrefer to the
decision of the Supreme Court of the United
States. 10 Peters r. 449.
In this case judgment rendered In Ohio in
suit begun by attachment, was impeacbed
and its validity impugned, because the record
did not contain evidence that the prerequisites
of the law-conditions precedent to the RIGHT to
sue out ansattachment, had been complied with
prior to the issuance of it. The Supreme
Court remarked upon these objections, that
"there is no principle of law better settled,
than that every act Of a court of competent
jurisdiction shall be presumed to have been
lightly done till the contrary appears. This
rule applies to every judgment o. decree rem
dered in the various stages of the proceedings,
from their initiation to the completion, as to
their adjudication that the plaintiff has right
ofaction. Every mater adiudicated becomes
a part of tieir record ,0hich thereafter proues
Itself aOithoau referring to the Evidence on
'chsch st has 0een GGudged." 10 Peters r.
472 y
Now refer 10 the charter of the Union Bank
and test the validity Of the bonds By this rule.
The legislature, competent jurisdiction--in
fact, the exclusive juage-had submitted to
them the question ofpubiication. BY the pas
sage of the bill, they have decided that the
publication was properly made. This adjudi-
cation then becomes part of the records of
the country, and proves itself without reference
TO the evidence on which it has been made.
Again, says the Supreme Court, sthe judgment
of this court IS conclusive, unless It appear on
the fecord that the plaintiff has no title to the
thing demanded, or thatin rendering judgment
they have all erred in law: all defect in setting
out title, or IN the evidence to prOUe Il, are
cured, as well as all Irregularities which may
472.
If such be the adiudications IN questions of
private right, and the force and validity ofjudg-
ments of the courts between man and man,
with how much moro strength must these rules
apply to the proceedings of the Legislature,
whose acts affect the interest of the whole
people, and when a right to inquire into the
evidence on which they acted, and to impeach
and vacate their Judgment, if The eYideIcn
were deemed insufficient to justify their decIs-
ion, would involve the State in irredeemable
confusion, and jeopardise the property. il may
be, the lives of every man in the community.
We can illustrate tile absurdity of the position
of those who insist upon power TO inquire IN
TO the evidence of publication, by a recurrence
to some other constitutional provisions. By
that instrument no person can act as Senator
Till be arrives at the age of thirty years, nor
can any one sit as member of the House un-
til he is twenty one years of age. Suppose
that law should be passed by majority
of single vote in each House, pledging the
faith of the State for loan of money, would
not any one be deemed almost madaaan who
should argue that the law was unconstitullon-
al because there voted with the majority
in each House, member OF the legislature
who had not obtained the age required by the
constitution No one would contend for a
proposition so absurd, and yet it is as valid as
the argument of those who insist that the On
ion Bank bonds, for want OF the publication re-
onired by the constitution, are Illegal and in
valid. fla law be passed by majority of a
single vote, and one member of that majority
had not in fact attained the age required by the
constitution that instrument has been violated
and the law would want the requisite consti.
tuition majority to give it validity. Where
| then. is the absurdity otthe position. 1t grows
out of an attempt to impeach necessary rule
of law and parliamentary proceedings rule
| of law necessary to the safety of the common
weaIth-to the security of the people, and the
peace and good order ofsociety to-wit: tba
each House must be the erctussue Judge Of tn
qualification Of lis OsCa members. The same
rule must of necessity apply in reference e
every other fact or circumstance which tht
constitution enjoins previous TO the passage
q law.
In the case of Voohees, vs.. the Bank of thu
/ limited States, the judgment in the attachment
/ suit was i.npeached and its validity denied, be
cause the record did not show that an order
sale which was made in the cause had beel
published for fifteen days before the sale, as re
CURED by the law. In answer to this oolec
ton the court say: son an inspection OF thes
,,r,ceed;n0s. collaterally, we can fidicially SCI
onlv .. AT the cour. has done: moi whether the
have PROCEEDED imuefso ydine~ erroneOIsty
sccordinr 10 the proof before them. or VIVA
fI,ev have omitted or ought 60 have done
T,hev have adiudged that the order ofsaie wa
~vec,tod arrreabIy to law. Nothing appear
IN fhe record to fnpugn then judgment.
s,.s1 therefore, Be taken 10 Be trsls 10 fact, ara
,.rf;a IS 7GsC.g i might. il 1 were so dispose'
i - IN citing authority without limit and M
kir0 quotations without number. TO esfaOlis
this position; but the books already quo.ed g