Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1845-08-06

grant no immunities---cxcept the fiih
section, which exempts the Vicksburg and
West Feliciana Railroads from the opera
lion Of the act. The act, thus far, Is III
most entirely declaratory Of the common
law remedy for the revocation OF forfeit
ed franchises, as in force in The State Of
Mississippi, at The time the banks were
chartered, and leaves the ultimate rights
Of parties, interested in the banks, to be
determined by the common law. The on
ly important remedial change, thus far, is
found in the sixth section, which provides
that "upon information being filed,D il
shall be the duty Of the clerk 10 issue an
injunction, which shall continue until "lhe
information be finally tried and detcrmin.
ed.r When this law was before the High
Court Of Errors and Appeals, at the Janu-
airy term, lS45, Judge Sharkey held This
clause to be unconstitutional, nasmuch as
il conferred Judicial power on the clerk,
and denied to the court the right 10 dis.
solve it, until the quo warranto was finally
determined Judge Clayton conedrred
with the Chief Justice on the latter
ground; but all the Judges concurred in
opinion that the injunction was expedienf,
polite and Just. The consliulionality of
the Isl, I'd, Sd, 4th, and 9th sections, (be- 4
ing the material parts Of the original bll,)
was necessarily involved in the decision Of
the causes then before the court, and was
unanimously affirmed, with the exception
above stated. The unconstitutionaliy Of
these sections, is not, in any wise, Deepen.
dant upon the subsequent sections. These
are declaratory of u remedy for present
acknowledged rights; the subsequent Sec
tons (being the amcndment,) revive and
assert forfeited rights, and are thus wide
Iy distinguished from the remedial charac-
ter of the original bill. That the amend. !
ment "stands the adludicated law Of the
land" is great mistake made by dis
tinguished democrat to whose letter you
call public attention. These sections (ihe
9Th, 9th, 10Th and lllh,) were not before
the Court for adjudication; they were not
involved in the causes on trial; and any
opinion which the Court might have deli
vered upon them, would have been not on.
| ly extra-official, but highly reprehensible.
Judges Clayton and Thatcher casually adj
vert 10 the provisions for The collection
and distribution OF the effects Of the banks,
and in the conclusion of his opinion, Judge
Thacher remarks in general terms that
the statute is constitutional and valid !"
but none Of the Judges discuss these Sec
tons. Judge Sharkey says, expressly,
that the court "has nothing to do" with
them, and by well known rule Of con-
struction Of judicial decisions, Judge Tina,
chcr's general remark must be restricted
TO that portion of the statute which was
properly subject Of discussion, and was
discussed in the cause.
Taking the question as an open one, |
contend, and viii endeavor 10 demonstrate,
that Guion's amendment, (being the 9th,
9th, 10th, and l1th sections Of the act,) is
impolitic, unconstitutional, and roid.
Judge Clayton, in his opinion referred
TO, quotes, with approval, from decision
Of the Supreme Court Of the United States,
that The laws in existence when cons
tract is made, are necessarily referred to
in all contracts, and form part Of them,
as the measure of obligation 10 perform
them by one party. and he ripht acquired
by the other" The Constitution Of ihe
United States. and of The State Of NIissis.
sinpi.pprohibi, ne passo ue IL laws impair.
inc he oblioation Of contracts. This i
not onlv 4 w;se cons,;,u,;onal rule. IN, \
i fonnded ~ he n,ras, noral. i, mav.
also he safely la down no oeneral
nronosi,;on. hal in matters If contracts.
he terms md he law Of he Contract
4 constitute md de,erm;ne he r;oh,s Of mar
4 ,ies under i,
AppIyiug these nrinciples q the statute
in opesi;on- 40 he,waan ,ba g,o,e md The
4 -