Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-05-06

= "@N' " % uOibS, lhey dIe Sullty
oil moral wrong, and OF an act OF OPP
preston towards the rest of the people,
by the constitution, the rights of the mino.
rlty are protected against the oppression of
the majority, and the whole people against
the tyranny and oppression of those in
power. One of the celebrated Kentucky
Resolutions of 1898, reads as follows:
That the several States, composing the
United States, are not united on the principle
OF unlimited subm sson to The General Go.
vcrnment, but that the Constitution of the Uni
ted States delegated to the General Govern
ment certain definite powers, aud that whenso-
ever the General Government assumes undelc.
gated powers, ITS acts are unauthorized, void
and Of no force"
In the same spirit have the people, of
the State Of Mississippi resolved, that, in
framing their State Government, they
did not unite on the principle of absolute
submission 10 the acts Of every legislature,
but that they had reserved to themselves
the right OF Judging of those acts, and
more particularly of any one that had for
It's object the borrowing Of money, or pledg-
ing the faith of the State for the payment
OF loan. Consequently, it follows, that
any Indebtedness made in the name of
the people of the State, without their con
sent had and Obtained previously, is a vi
oiation OF the compact made when they
entered INTO state goyernment,-is I'M
authorized and void. Such is the law of
the fifteenth of February. 1888, pledging
the faith Of the State for five millions Of
dollars. The people of the State had ne
yer given the legislature authority to make
any such contract, and il cannot be fairly
considered any other than a contract be-
tween the LegIsture of the State, and
the purchaser of the bonds. The vene.
Table James Madison, on Il certain occa-
sion, uses the following language:
"The people, not the government, possess the
absolute sovereignty. The Legislature, no less
than the Executive, is under limitations Of
power. ERcrOachmenIs are regarded as posi-.
bic from one. as well as from the other. Hence
the great and essential ri hts Of the people are
secured against legislative, as well as executive
ambition. They axe secured not only by laws
paramount to perogative, bat by CONSTITUTIONS
PARAMOUNT TO LAWS"
This is exactly IN point as regards Mis-
sissippi.
The people of the State, in framing
their constitution, regarded legislative en-.
croachmets as possible, more particularly
as respects the making Of debtS,-conse-
quenlly, they very wisely refused 10 dele
gate this power, but reserved the right of
making the contract to themselves Their
rights are secured from encroachment by
an ignorant, corrupt or ambitious legis!a-
ture, and, are we to be told, that because
the legislature of 1888 borrowed this mo-
ney, the people are bound to see il paid,
where the supreme law of the State pro-
tects them against such imposition? As
well nigh we be told, that if the egisla.
turc were to pass law, compelling every
person in the State to attend some particu-
lar church once a week, the people would
be bound to obey. One would not be
more clearly unconstitutional than the 9TH
er. They would disregard such a law, be-
cause a violation of their reserved rights.
For the same reason, they disregard the
law of 1888, pledging the faith of the
State, without their consent.
We recollect that, two or three years
AGO, the eloquent and patriotic McDufie
declared, in the Senate of the United
States, that if the debts of the States were
assumed by the General Government, he
would 90 for the Reputation of the debt
so assumed, because such law would be a
violation of the reserved rights Of the
States, and of the constitution of the same
The people of Mississippi occupy THIS
very ground. They repudiate and dsa-
vow the bonds, issued in their name, by
The aforesaid Legislature. The act by
which these bonds were issued, in order t.
have been constitutional, and binding, or
the good people of the State, should have
been submitted to them, CATER being ad
yertsed for three months In three papers.
at the regular election, in November 1889
and passed by the Legislature then elected
The question resolves itself into lhls:-
To which do the people owe allegiance
TO an act of the Legislature, or to the con
slitution of the State? The response 0
every man ought to be, 10 the constitution
first, and then to all laws made in pursuance
of that instrument, and in accordance will
The reserved rights of the people.
When a law is presented TO the peopl'
of a State, the first inquiry is, or ought +
be, Is it in accordance with their constitu
ton, and the rights atthey have reserved
If il is, then 1t is binding on them-other
wise, it is nulity, and void. We shout
not have such confidence in those in pow
er, as to sanction every thing they may d
or saw. Power and office are corruPting
Il is Characteristic for a freeman to dOat
those in pover. He naturally suspect
and matches them. Here we will agar
refer to The celebrated Kentucy Resolt
ton. One of them uses the folowln
emphatic language: