The Yazoo Democrat. [volume] (Yazoo City, Miss.) 1858-18??, 1859-09-03

iluOlAOOo OhoVt ~ A~S6'A~N%'~ EN"S@N -
this State shall be vested in two distinct
branches; the one to be styled the Senate,
the other the House of Representatives,
and both together the Legislature of the
State of Mississippi" Certain powers have
been delegated to the Legislature. These
powers the Legislature can simply exercise,
not delegate. To permit them to do so,
would be to permit them to exercise dis
erection outside of the Constitution.
But this clause of the Constitution has
received an Interpretation from the High
Court. In the State VS.. johnson, 10Th Mis-
sissippi Reports, p. 744, the Court say a
provision by which the people would be
made direct participants in the exercise of
Legislative power, would not be in keeping
with the frame and structure of the govern
meut and directly. repugnant to the theory
of a representative republic. Itwould more
over be in opposition to the 4th section Of
the Sd article Of the Constitution
1t is also very strongly intimated by the
Court in the case of Williams vs.. Cammack,
that if the law had been submitted to the
voters to pronounce upon its expediency and
aud validity, it would have fallen under the
restriction of the section above named This
view also accords SO well with principles of
strict constitutional construction, that il is
difficult to see how any Court could come to
any other conclusion.
The third point made by complainant is,
that money is appropriated out of the
Treasury by less than two.thrds of each
branch Of the Legislature
In Green VS.. Weller, ct. al, 80 Missis
sippi Reports, 705, Chief Justice Smith
says: 1t will not be controyQrted that an
act making an appropriation for works Of
internal Improvement which was not passed
by two thirds of each branch of the Legis-
ature, is as perfect a nullity--is as void--as
a statute, although agreed to by every mem.
Der, which impairs the obligation of a con
ira It"
The question then comes up, how is the
Court to reach the knowledge that law
that the Constitution requires vote of two
thirds to pass, has been passed by less vote
than is required? The fact should be judi
cially asceItained, and | should say that the
Court might acquire the knowledge in the
same way that any other fact is proved, BY
competent evidence. The course of de-
cisions in this country and in England seems
to be different. The enrolled acts of Pa =
lament import absolute verify, and cannot
be contradicted. There is no written Con
stitution to prescribe the mode in which
they shall be passed. In this country, the
Legislatures are not only restricted by a
written organic law, as to the subject mat =
ters for legislation, but the mode in which
their action is to be exercised, is often
stringently laid down. It is said on the
one hand, that the Courts ought not to be
allowed to look behind the certificates Of the
legislative officers, to inquire into the mode
by which any law was passed because, it
is alleged, this would destroy the stability
of legislative records, and impair the respect
in which they should be held. And it is
alleged, on the other hand, that it would
be in vain to prescribe safeguards against
legislative improvidence and fraud, no in.
quiry could be had before the Courts in
reguard to the modes pursued by legis-
lative bodies subject to constitutional re,
straints. So far as modes are concerned,
under the former principle, the discretion of
the legislature, aud not the constitution,
would be the measure of its power Thero
is no great controlling source from whence
settlement of this matter can be derived.
1t, therefore, must be settled according to
what the Courts must regard as most in
accordance with sound sense, reason, and
Judgment; and in my view, there is much
greater danger to he dreaded from too
wide and latitudinous legislative action, than
either danger or Inconvenience arising from
an inquiry before the Courts as to the mode
in which legislatures may have exercised
their authority. Very great peril, it ap.
pears to me, is to be apprehended to free
institutions, aud the rights of the people,
from principle which would allow the
Legislature to regard constitutional restrc.
tions as to the mode of passing a law, as
merely advisory, and to disregard them &C.
cording to their discretion Nor can per
ceive how an inquiry into this matter
though the Courts be allowed to 90 behind
the signatures of the attesting offcers-can
much affect the stability of the legislative
record, or become source of litigation.
Persons would hardly 60 to litigation
unless the abuse ofauthority on the part of the
Legislature had been palpable and fragrant
And, if it were ascertained, judicialy, that
such were the fact, it were but right that
the law should be treated as nulity. And,
an attack on law constitutionally passed,
would but result in damage to the person
who assailed it. 1t is not to be- presumed
that such cases would often arise. But,
even y they would, that is an evil much
less to be feared than to take the constitu
tionai rein off the Legislature, leaving them
to roam at will, through the agency Of
majority vote, over the wide field of specua-
ton and experiment. / have assumed that
the money appropriated, was appropriated
out of the Treasury; and with no sort of
fairness could it be argued otherwise, for the
money belongs to the Treasury the moment
it is collected by the officer The Legisla-
turc is accustomed to command the Sheriffs
and there are laws now in force authorizing
hem to pay certain claims mentioned, out
If any monies in their hands belonging to
,he State; and this money is as much paid