The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-10-04

.s.f r Atie8eu Representation Of mh<ssAPkh'
The following communication from jefferson DAVIS,
esq, senator Of the United States from the S'a'e
Mississippi extends the information when nc sa'e
in his letter Of last winter, whilst coriec's inc
into which the London Times has fallen in regard 70 ms
.,.,.m.n,. n. honsd that some American in London,
or sven ,he limited States legation there, will do the
stats ~ Mississippi the Justice to have this letter repub
iished In the London Times;
Letter of COL Jefferson Dagis in relation to the Union
Bank bonds.
BRIERFIELD. (Niss.,) Goth Aug, 1s40
EprroRs MIssIssIPPIAN; The "London Times" OF July
49, is49 contains article which most unjusty and
fairly attack the State Of Mississippi and mysef because
OF statement made in REPUTATION of former caumny
against her, which published in the same paper.
Some allowance is due to foreigner, who misconceiyes
the character OF nstitutons some federation to the
them; but what can excuse the gross perversion OF
language which chaacerizes the article TO which have
Teferredl The English editor might have misunderstood
the nature of our government and may have been gno
rant Of constitution, but couhi not honestly have so
msconstrued my statement as ne preends Yet bad as
his conduct is in this particular. the offence is small when
compared TO that OF the editor in own State who
has republshed the calmny thus aiding in the circua
ton Of foreigners SANDER against the government, the
Judiciary, and people OF Mississippi.
To prevent the caumny from working evil to our
State, and to the public position which occupy, is my
purpose in making this reply ~. IL. ..,,o
has for years past disappeared from public discussion it
will appear ridiculous to see my statement which was
signs q awakening senstiveness in mississippi" The
facts in relation to that statement theses that true
hearted American, the venerable editor of the Union. Mr.
Richie, showed an article in the London Times,
abusive Of several States among them Mississippi and
told that he desired the information necessary
swer the accusations. sent him the statement which
has appeared and referred him especially the message
OF Governor Brown to the Legislature in 1874, for
minute information in relation TO the Union Bank bonds
a se sna wSeS Of hs
considered definitely settled far popular opinion is
concerned, has led to the article which now propose
The claim which is asserted for the bond.h holders, that
Of appeaing to the verdict of the civilized world rather
than e the courts q our own state, y one which we
which an individual has against sovereign. MISSISSIPPI
p conscious of her recttude, has voluntarily thrown
renss 70 lake advantage Of the grant must come before
the tribunal of public opinion with diminished claims TO
consideration The nsnuaton against our legal officers
elective but that the people have not made this
bond question test appears BY the fact that whilst they
have By large maioIes decided in their legislative cleo
TONS against the Union Bank bonds, their chancellor
and chief justice have been known to be Individually in
favor of their payment, and with that feeling have been
elected and elected whilst this question has been pend
poe because of the unconstutionaly, the legal nuty
Of these bonds bow idle must every consider the
camOr which raised against for not vio
lang its constitution, satisfy the claim OF the bond hold
The movement which was made two years ago, to
attempt arrangement with the Union Bank bond hold
es for their decentralization, was not based upon the idea
OF State liability and the consequent duty of the govern
ment to meet IT. but upon voluntary contributions OF in
dviduals And i an arrangement had been completed
ed upon disclaimer OF the denunciatoRs which have
been heaped upon our State, surrender OF all claim
OF the case to the generosity of The people by whose
agents the act had been done. il am correct in this
vew the article under consideration, though very well
government not likely 10 advance the interest 10 which
was apparently devoted-that OF the holders OF the
The main positions of the writer are these After no
ticng the message OF Governor McNutt TO the legisla
ture Recommending them repudate" the Union Bank
received the money for the bonds, thus proposed
TO refuse to pay IT, on the ground that the purchaser had
no right TO bay them"
And referring to the report of the joint committee OF
the legislature in 1912 against the consttutonaty of the
bonds he says: "Since, although the provision that no
loan should be raised unless sanctioned by law passed
through two successive legislatures had been complied
with, and the bonds had been legally authorized the act
also prescribed certain conditions regarding the Bank of
Misssppi which conditions had been altered by sub
sequent act that had only passed through legsla
ture." s.ae
II is asserted. them LIST That Mississippi received the
money This is untrue. The Union Bank, not the State
received the money 3D. That the bonds were issued I'M
der authority OF law which had received the sanction
OF two successive legislatures. This is also untrue The
bonds issued under Supplemental act passed by
legislature, and unlike the law which had been
submitted to the people and received the sanction of two
legislatures, 10 be- IN effect and independent
proposition The writer speaks of the institution as the
blank OF Mississippi" Mississippi had no bank and
could not have bank OF ssue because forbidden by the
tenth section OF the first article of the United States con.
stltuIon, in these words: "No State shall emit
bills OF credit" II, them any conclusion has been drawn
from the supposon that The bank part of the State
government, such conclusion is wholly erroneous
know that anything which can be said on the sub.
jec OF the Union Bank bonds sound 10 the people
OF Mississippi like twice told tale. do not propose 10
argue the question, but merely 10 state and make such
references will enable those less informed than our
selves to appreciate the true position Of the State and
people OF Mississippi.
Our government rests upon fundamental compact OF
the peoples written constitution, which is the shield OF
each citizen, protecting him equally against the exercise
OF unauthorized ower by the officers Of government or
BY the people The power Of the State government has
two species OF limltaonhe exclusive grants 10 the
general government and prohibitions TO the States az
contained ~ The United States constitution and the limi-
taiions and prohibitions contained in our State consu
ton Within the limit Of its authority thus defaed The
State government as the agent OF the people can bind
the principal TO the performance OF its Obligations beyond
that limit the legislature and governor have more power
than town meeting and its chairman. II the legsla-
ture and governor should, in the exercise OF a power
which had been prohibited by the constitution inure
ncautious or ignorant persons, there might be claim
upon the generosity OF the people, because the injury
had been the result OF the confidence which at.
ached to the Official position OF their functionares
but no legal right could grow Of such act and there
rsry doctrine would destroy the valse OF written con
sttnon, and deprive the minority Of the security they
enjoy under IT, The>ofhcers Of government take
solemn oath TO maintain the constitution nvioaie their
inquiry therefore, must be, not what individuals they
would do, but what the constitution permits and their