The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-10-08

PAID. They too are innocent peFs0nsi 70
they have only sought the advantage
which they knew back tssoaliiy atforde
them. They have sold high and bodgh
cheap.
Then, where. would ask, II the lega
OF moral obligation binding upon these bsnl
debtors, to pay after Judicial forfeiture Q
charterS There is hone! Bai they az,
moralIy and legally bound u Sustsil IL,
constitution and laws Of the Dgn a. Ard 1
the banks have violated the laws e. thi
country they must abide the consequences
Pass the amended Bfiscoe Bill or allow
it to stand upon our statute book AZ the laW
Of the land; and you disarm the law Of it,
sliDg-yOd set precedent IN Legislation
which will annul all contracts and render
law by>word aOd reprOaCh Amang men.
But let the laws be enforced against these
rotten banks and new era viii soon com.
mence 10 our state from which we may
date our release from the thraldbm Of bAak
tyranny ADD usurPaliOn.
AT common law end 10 several Of the
States Of this Union it is enacted that If a
man take more than lawful interest for the
loan Of his money he fOrfei,S both principle
aud interest. Yet who ever heard of an
act being passed TO relieve creditor from
tho operation Of such laws. AID by the
laws Of our own state the statute Of limita-
lions run against note Of hand in six
years. Yet who ever heard Of man whO
held such note invoking tho legislature
to pass law TO relieve him Of his own neg.
lect or his owe ignorance.
Such a man however might come before
the legislature with a much better grace
than these banks-Gor he has injured no
Une but himself while the banks have in
jured themselves; wilfuIly diSobeyed the
law and bankruPted the people.
If the common law bears hard upon
bank stock holders, il istheir own fault and
not the fault ef the law. Thelaw and its
penalty wss fixed, and il they have lFsns,-
crossed the law they must abide the pens
atty,
They who take the poison without the
lhlidote, must expect 10 pefish Tie sioc'Iss
iOldeFs are the principles and they mus
lbide the acts Of their agents. aFy \
Before ! close this letter must call your
Ittention to the address Of Col. r.. e. Rob>
hs Of your city, contained in your paper
L the I'd inSlat,t. | am sorry TO see any
IOOd democrat at this late day advocating
he cause Of The banks. lf Mr. Robins is
opposed to the original Briscoe Bill lel him
o in for the repeal OF The bill and the
mendmentS. Let the common law take
70 course and we shalt see whether the
judiciary will do away with " the inequlta.
10 consequences Of the rule Of the coma
nOA law" or not. ,, a,+.
But Mr.. Robins tells us that the amended
Iriscoe Bill stands " res adiudicala," and
. quotes the opinion Of Judge Thncher to
rove his position.
Now what are the facis9 The AIMED,
lents 70 the Briscoe Bill we're not before
10 court. And il Judge Thacber Or.any
her Judge travels out Of the Record to
I've his opinion Of any particular law, il iS
mere obiter dicium" Of the Judge, and
Of no weight or authority. And Il i 10
. regretted that Judges will sometimes
aySl out Of the record 70 give the weight
their official stations to their own private
5rsonal or political opinions. ao s1
II Judge ThGcheF Thinks that the terms
extingUishn and I" suSpend' are synqBy-
Ous, be has right 70 his QpiniOn. But K
claim the privilege ofuSing Mr. WebstOrS /
exicon as pretty good authority,
Col. RsBiaS alter labOfiOg atfsnuou5ly %
low ihst bank debts are not exiihguished
; common law forfeiture Of charter iudici-
ly ascertained and declared, quotes the I
ngusgs Of Chancellor Kent, who il
eaking Of law Passed ~ the Legisls- :
10 Of the sldtes Of New York, similar @
il own, says--" il Is . igsl and wise pro- z
aion, and gslS rio altogether Oflhs iRsQui- fe
bic consequences Of the rule Of the COM b
On law" s1.A l@' - y
Whist / would ask Col. Robins are che
equitable consequences Of ihe rule nf tie :
mmon Jaw 70 which ChsuceloF Ken
fesg We will lei Chancellor Kent HIM !,
4 alsweg the question. BE says upon ]
. civil death Of corporation ahen there
% special slatanfy provision TO be ooa4 +
iFys all the real estate remaining uBsold Z
Isris back 70 the erig.nsl graniOf o. donor D
their heirs. The personal properly J.
81 % he state, and ne debls due cod
~ said cofPOrstiO6 ere ali exlihguiibed'
4 We need not 50 to The ,uriiings q KEN 8
BlsckslQne 70 settle lhis quesiloai loE i =
: been often settled 81 the courts both d Z
9 county and Of Great Brilaip--See LIB 2
Do. n. York Reports, paso 81, also D
iekfords Isdiaaa RoPbriss Psge 2S8. a