The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-08-13

Rey says expressly, that the court ha
nothing 10 do" with them, and by vel
known rule Of construction Of judicial dc
ciSiOns, Judge -Thacher's general remaTI
must be restricted to that PorIiOn Of the ste
tute which was properly q subject Of die
cussioD, and was discussed in the cause.
Taking the question as an open one,
cOn,end, and will endeavor 70 demonstrate
that Judge GuiOn's amendment (being th'
9Th, OH, 10Th and 18th sections Of the act
is imPolitic, unconstitutional, and void.
Judge Clayton, in bis OpiniOnreferred 4
quOrtes with approval, from late decision
Of the supreme court of The UOited States
thatHThe laws in existence, when conlrac
is made, are necessarily referred to 10 oil
contracts, and form part Of them, as the
measure Of obligation 10 perform them by
one party, and The right acquired by the
other The constitution Of the United
States. and Of The State Of Mississippi, pro-
hibil the passage Of laws impairing the OBJ
legation Of contracts. This is not only a
wise constitutional rule, but il is founded
10 the purest MOrals. 1t may also be safe.
ly laid down as a general proposition: that,
ia matters Of contracts, the terms and the
law Of the contract, constitute and deter
mine the moral rights and duties Of the par.
ties under il.
Applying these principles 10 the statute
10 question, as between the state and the
banks, they accepted their charters upon
the condition that il, by mis>useF, the franz
chise should be forfeited, they should suffer
certain penalties. They have wiIfully vi>
olated, and thus forfeited, their charters
This amendment relieves them from the
penalties Of that forfeiture. Il is, perhaps,
GOT 80 odiOus as an ex post faclo criminal
law, but il is, TO say the least Of il, impOitic,
as bringing the law Of the land into cons
tempt. 1t is, also, impolitic, az being ex
post facto legislation for a special case.--
Further, as between the state and the corr
restoration to them Of their
forfeited personal propery-(lbat il was
forfeited, with their charters, to the state
see opinion Of Judge Thacber) --was an
act Of exIravagant generosity, which the
condition Of the treasury did not warrant
which was not meriied BY any public SER
vices on the part Of these corporations, and
Of questionable constitutional prOPrie.y.
AS between the corporations, and the
grantoFs Of their lands, the conveyances
we're made 10 them with The condition and
that, il the charter should be
forfeited by mis-useF, their estlie should
and the land revert to the gran
or. This condition and reservation at-
ached to the grants Though not exPressed)
BY operalion ofthe laws in force at the time
he grants or conveyaOeeS were made, and
n the language Of the opinion quoted,
formed pat Of them" The cOnveyan-
.es, though absolute ia terms, we're only
Turing the life Of the corporation, with
he right Of alienaiiOH) and when that eS-
ate determines, the lands revert 10 the
,rsntoF, az in The case Of any Olher grant
Or lie. The commoD Law authors. ere
unanimous on this point. This condition
nd right Of fsVersiOn was protected BY the
constitution Of the United States and Of
he State Of Mississippi, against subsequent
.gislaliVs control, See % Keats Com,
90. This amendment attempts TO defeat
lal right Of reversion, and is 90 far uneOn
iiiu iOnal. immoral and void.
AZ between she debtors end the banks.
icy TOO contracted upon condition that Il,
y forfeiture Of charter, the corporation
ZEE dissolved, and The franchise resumed
' the state, the indebtnesS should Be
lsreby exIioguisbed. This condition wos
leo sacred under the constitutions Of the
Inilsd ststes and Of the State Of Missis. ,
ppi. The eighth section Of the SCI at /
.mp.s 10 annul this eOa5iiiou, end e, 90 lat
seoostiIutioaal, immoral snd void.
But il ls said 10 Be unjust that individu'
i wbo ahavs been enriched By borrow.
e from banks" should b released from ]