The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1878-01-08

bjorityiof each branch of the Legislature so
elected after such publication, shall agree
TO and pass such law and in such case the
yeas and nays shall be taken and entered
on the 10 arnais of each house ,, Con. Miss.
Art z. section 8. a noaf5sssss9 sA.
There is no installing these require
ments- They are SO plain tina. fool
could not err therein. In 1887, a bill
chartering the Union Bank was passed to
facilitate the Bank in obtaining money.
1t contained clause pledging the faith
of the State for specified sum, and in
consideration thereof it contained spe-
cifc guarantees for the protection of the
State against loss, and for public benefit
to the people. This act was duly pub
lished as commanded in the above quoted
clause of the Constitution and if the
Legislature when it assembled in 1888
had put it into execution as passed upon
by the people and as required by the
supreme law, there could have been no
doubt as to the obligationnf the State to
make good any loan which might have
been obtained in virtue of it in her
name. But on the contrary the said act
| which set forth the conditions that had
been submitted to the people, and which
became law on the 9Th of February,
,cas nerer put into operation. No bonds
pledging the faith of the State IN pursu-
d,,ce Of 1T, ,0er1e euer issaed. The secu.
rites which it provided for the protec-
ton of the State, were never given. The
act became virtually dead letter. 1t
| was superseded by wholly different one,
in tenor, spirit and effect. This latter
act was passed on the 10Th of February,
1888. The people were never consulted
| in reference to it. 1t was not published
in the newspapers as required by the
Constitution. 1t was not entered on the
journals of our Legislature-submitted
to the people for their decision-and
passed upon by succeeding Legislature
1t was put through the Legislature
with railroad speed, and it be-
came a law In ten days after
its first introduction. The people, so
far from having given their consent to
the measure, were in total ignorance of it,
and of the conditions on which money was
borrowed in their name for the benefit of
the corporation known as the Union
Bank. Admit these premises which are
simply irrefutable facts of history; and
there is but one conclusion, and it is that
the State never authorized the loan
never pledged her falkland is not
bound for the money which was obtained
upon bonds which she never authorized
to be issued and for which she never
received cent. True, you may say,
that the Legislature elected by the people
authorized these things to be done, but the
Legislature was the agent of the people
restricted in its authority by the Con
stitution. That instrument was Its
power of attorney and prescribed the
bounds of its authority. Otherwise,
constitutions are mockery and a hum
bug. The very object of the people in
imposing the above quoted conditions te
the creation of indebtedness in their
name, was to protect themselves against
contracts to which their consent had not
been obtained. If an agent violates his
instructions, as the Legislature violated
the instruction of the people as expressed
in the Constitution, his acts are void.
This is the doctrine laid down by Judge
Strong: 81 hold it to be most clear,
said that eminent jurist, "that the. act;
q of public officer beyond the scope o.
!" his powers, and in violation of his pub
"l lie duties, are in such cases utterls
(" cold"
1t is no argument to ask the question
but it is frequently asked for want of 6
better argument, "why, when this wrong
was done, the people did not speak.
There is no morel eloquent and over
whelming answer than was made by {
former Attorney General, the lamentee
Id. C. Glenn, in his brief of this case:
"The people speak! They did speak, they
have spoken. to these parties, to all men, tt
| the world. Their tongue is the Constitution
their words are the laws of the land These
lconstitute their letter of attorney to theii
j agents, legislative, civil and ministerial
i The whole world stands charged with no.
tice of it. Within its scope the people arr
i bound. without it they are not. Such is thu
meaning of a government of written law
and constitutions Unless this be so, tn,
people are at the mercy of their government
Hence it ia, says Mr.. Madison, The Legis-
lature, no less than the Executive, (and 81
with all officers, y is under limitation of pow
er.n But the rule contended for by counsel
i if rood in one In stance must be good in all