The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-01-09


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 Uuion
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 faith--and is not
bound for the money which was obtained
upon bonds which she never authorized
to be issued and for which she never
received a 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 a mockery and hum
bug. The very object of the people in
imposing the above quoted conditions to
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 acts
{" of public officer beyond the scope of
{" his powers, and in violation of his pub
&c lie duties, are in such cases utterly
sc void."
1t is no argument to ask the question,
but it is frequently asked for want of a
better argument, "why, when this wrong
was done, the people did not speak. +"
There is no more, eloquent and over
whelming answer than was made by a
former Attorney General, the lamented
D. G. Glenn, in his brief of this case:
'sThe people speak! They did speak, they
have spoken. to these parties, to all men, to
the world. Their tongue is the Constitution,
their words are the laws of the land. These
constitute their letter of attorney to their
agents, legislative, civil and ministerial.
The whole world stands charged with no.
tice of it. Within its scope the people are
bound, without it they are not. Such Is the
meaning of government of written laws
and constitutions. Unless this be so, the
people are at the mercy of their government
Hence it il, says Mr.. Madison, THE Legis-
lature, no less than the Executive, (and so
with all officers,) is under limitation of pow
err" But the rule contended for by counsel,
IL good in one instance must be good in all.
Test it by illustration. The Legislature are
agents of the people. They are agents
charged with a discretion in the passage of
laws. Suppose our next Legislature should
provide for an emission of a million of bonds,
which was accordingly done, and the same
are sold. The State is sued and denies her
liability. The law creating the debt was
not passed as required by the Constitution.
Admitted, says the bondholder; but the
Legislature is yonr agent for making laws.
They have exercised a discretion you have
given them, and you are bound by their acts. |
What would be the result? The case would |
be laughed to scorn. To bring it would be |
an absurdity. Eet such is the extent of the |
rule here contenlsd for. 1t is absolutely |
necessary to apply the 'sreductto dd dbSMr-
dunn to some positions. Their very nature /
renders them proof against ordinary as
saut."
We have stated above that there was a |
marked difference between what is mis-
called Mississippi Reputation" and the
real "repuliation" of numerous other
States of the Union as we'll as of sover-
sign powers that have made great profess
ions of respect for their plighted faith.
IN this, that Mississippi never received
cent of the money for which her faith
vas alleged to have been pledged; bat
lot so with the other States and nation
Ilities. The Richmond Despatch in lis
Tiolent TRADE, quotes Mr.. Prentiss as say
ng that the anti-bond paying people Of
Mississippi based their action upon the
principle that one generation has no RICH.
0 bind another. This is old Virgins
Doctrine enunciated by Thomas Jefer-
on, the apostle of political freedom
nd father of Democratic Republican
government on this continent; but
Fhether abstractly true, or false, it is not
he ground AS we have shown, upon which
be people of Mississippi stood with refer
nee to the claim of the holders of the
Union Bank bonds. j,
A few instances of reputation of {
ublic debts by States and Nations will ..
OF be out of place ia this connection.
hey will serve to show that if there be !
broad censorious people who are dis {
Osed to point the finger of scorn at Mis- :
ssippi, it will be the repetition of the
d story of the self-righteous hypocrite :
no did not see the mote In his own eye S
his anxiety to discover the beam in his I
sighbor's. In England, under Henry I
III, Parliament (Hallam Con. History, :
25,) ''freely, literally and absolutely
granted unto the Kings Highness, all |
sums of money which were due him q
i any and every ''promiss, bond or OBJ
CATION" This was Wholesale repudia
IN. In little more than a generation
Parliament passed another q
pudiation act of a similar kind. | c
narles III, defrauded the creditors Of &
e Nation out of 50, 100000. France j.
$ repudiated repeatedly. Coming
arer home, Massachusetts,, in 1749, re- :
emed her public debt Of 1900, 900 !.
unds by paying one-twelfth of it. :.
fter the revolution, Virginia settled her .
BIT by funding it at the rate of one dol s
for one thousand. The public
bt" which is alleged to '.have bought
+ liberties" in the revolutionary strug-
J, was entirely repudiated. We have 2
ken Of ancient Virginia. The mod q
, Virginia Is now considering. not q