Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-11-12

seem from the mere statement Of the proposition that
lmea authority was, of necessity, without limit OF
any ha An unlimited authority in the Legislature TO
porroW money would of ordinary intelligence
70 ease the question to the discretion Of the Legislature
no" anu lor what the power should be exercised But
me writer Of the letter has discovered supposed imita-
1oh' ana we give II IN his words tits That such
Pors are aias 10 be exercised for The public necessity or
Jor us Puoc advantage for object in short Of ma
onas character Rghtfuly to exercise any such power
lot an OBJECT purely private an express grant an ex
pcit consent Of the sovereign must be shown Tbis;s
the whole Limitation Admit it in its fullest extent and
II amounts at last to no limitation at all for WHO IL 10
Judge whether the power exercised for the public ne
cessity for the public advantage for q national ~
private obecf Clearly the Legislature; no other bodv
or power can act on the subject The whole authority Is
delegated to them the discretion is theirs the judgement
must be theirs They alone have the power to act there
fore they alone have the right judge Of the proprety
OF that action. To determine otherwise is to give the
Legislature no discretion at all to allow any other per-
son or body to determine whether the proposed for
which the power is to be exercised is legitimate one is
to take from the Legislature all power the subject
and so qualities an express and full grant make it
in effect grant at all The whole reasoning and argu-
ment of the letter this point amounts this II
State borrow money for certain enterprise object
and il it succeed and turn out to be udcious and
advantageous to the State she is bound to pay the debt
and return the money borrowed but if it turn out TO be
unsuccessful and Improbable she is not liable pay,
and may lawfully repudate the debt because
contracted for the public necessity advantage And this
is the boosted which is justify Mississippi be-
fore the world for the refusal pay debt contracted
by her Legislature, according the forms Of the
constitution, the High Court has expressly decided
This is the allsufcen that is to rescue he go
ry Of this young STATE from te dannng blight Of public
dishonesty"
Look at it more, with eyes free from party bias
and prejudice The constitution gives full power to two
succeeding Legislatures to contract debt, and pledge
the faith of the State for its payment 1t makes mi-
taon for the obvious reason that intermediate the
Legislatures the people through the publication Of
proposed law required by the constitution will become
fully advised of the extent and object of the proposed in
debedness, and elect members to the ensuing Legs
ature accordingly Under this express and full power
raoted debt in behalf of bank in which bank she had
direct pecunary interest and now, because the bank
failed and sunk the money obtained by the sale of the
State bonds and the State thus lost by the venture it is
conended that she sovereign State respondent in her
youthful glory has right to refuse to pay the debt
have nothing say in response to this argument
notice one other proposition OF the letter, which de-
MES the State to be bound BY the decision Of her
courts to which she has deliberately submitted the
question of her liability. 1t is mistake, we think we
have already shown consider the State represented
any the more by legislative than by judicial act Each
in its sphere is authoritative. The judgment Of the
court is the act Of the State much the law of the
Legislature with the Governors approval endorsed it.
To argue that the court adudcang question submitted
it according the forms Of law, is merely acting
" minister Of the State and that the State may reject
the ministerial act when the solemn Judgment is pro-
nounced is confound terms The of the court is
the act of the State There is State sovereign here
but that Of which the court is constituent part and its
decisions much the of the State the Executive
proclamations or legislative enactments.
w G. sMEDES
rive have taken the liberty to change few phrases in
the above extract in order to avoid personal illusions