The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1872-03-16

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ct pre- # naf pa q oil
sfsf hai ~ ~ faaHa.A biHkH
asl sai 80 ffsysf
iiHf fhif b nft ell he isgda
iats 81 $3.50 hes 80 i'sk ~
seth ~ tnppff fhs Constitution A
TIE ral'sl efssss iffi5s5 hai bore
. lhsy ENID Haf. sihssi psdsy,
have ta~ei sBeh IN ~ beoasss
lhai e0niiiisfo H iofblia any state
70 p emit lills n sfslil Their
cath. " ihsY io0k one. wss ~ esp
poft NE cgaziitatlpu II che C1nisda
sfais siaies. and that constitution
~s9atainsd No such prohibition aRalhsi
The Stats. consequently Che ifansae.
lon, though fepuguaat - The Zee
efal constitution. and therefore void,
uss perfectly IN harmony with The
Confederate constitution, ard under
he authority would have been en-.
tifely valid. Ard that these cotton
notes were " bills u erslit ny =
State, | think cannot almii N a fa-
tional doubt.
The constitution n the United
States ARTICLE Of Amendment XIV
declares any debt, obligation Or
claim incurred ~ AID u insure -tion
or rebellion, illegal and VOID. The
present constitution Of this State
(Art XII, Sec. 81 in effect, echoe.
the declaration. The convention oi
1865, IN nm ordinan g Affirming Ger.
tain classes Of laws and obligations
enacted or made by the instruction
airy State government, dlsafh rmed
all such M had been made in aid OF
instruction or rebellion by purpose
J excepting all laws and obligations
OF this class. Zee ordinances and
resolutions of convention Of 1865,
pages 39-40.
To show that this " act " and the
transactions had under Ia authority /,
were Of the class thus declared HE
gal and void, | quote from the opin-
Ion Of the High Court of Errors and
Appeals in the case Of Thomas VS..
Taylor, AZ Miss. 10: "These notes
[" cotton money y were intended to
supply an important part NJ the rev.
euuc by which the State government
was TO be sustained and enabled
more effectually to aid the Coufeder-
ate government in the prosecution of
a sanguinsry war for subverting the
government Of the United States.
Being thus issued against the public
policy, and in violation of the consti-
tuition of the United States, they are
and void"
If the points thus stated are cor
rect, these notes are not binding on
the State, and If not binding on the
the loan OF them created no
raid or binding obligation against
borrowers or their sunc,ies. and
The pledge Of cotton or other proper.
y for their redemption twhatcver
have been the result had the
succeeded) Is, under the
he existing law, a nudity and no
vet of the Legislature, undert the pre-.
of calling 1t trust" can pos
'ibly give the act, or any proceed
ngs under it, any validity.
II any essential equity exist, in
he nature of n trust or otherwise, it
must be worked out aud enforced in
he courts, and not through the leg.
or executive power of the
state.
For these and many other reasons,
recommend that the petition and
he relief it seeks be dismissed from
consideration.
Respectfully, your ob't scrv't,
j. s. MoRRis,
Attorney General.
His Excellency, X. G. Powers
Governor.
7. S.-Lest some persons may
eek to apply what l have above
aid in regard to "bills of credit " to
State certificates of Indebtedness, |
will state that " cotton money" was
ssued as an original credit created
'oleiy by their issuance; while these
were issued as evidences
4 pre-cxisting debts. J. 8. NJ.