The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-04-14
Senator Georges Refutation of the
Charge of Mississippi's Reputation.

| would not be revived now | will make fo
the information of the Senator from Massa
. chusetts. Mr.. Hoar.l if he will listen 20 me
statement on tuat subject, which will viudi
cate and justify the action of Mississippi
The Constitution of 1882 OF Mississippi pro
vlded that the faith of the State should neve
De pledged fer any loan unless the law author
hing the pledge was passed by one LegisIs
ture, then advertised in newspapers publishet
In the State before the next general election
and then re-enacted by the legislature Tha
was the Constitution OF Mississipp in 1882
In 1888 the Legislature OF Mississippi pass
ed law authorizing the pledge of the faitI
of the State Of Mississippi for 3I5 800 600 10 aid
the Union Bank. That law made the Stat.
the guarantor or surety of the Union Bank
That law required the stock of the Union
/ Bank to be amply secured for the purpose OF
indemnify ing the State against liability on
| those bonds. That was the project which was
submitted to the people of Mississippi al
! the succeeding election and which they an.
/ thorlLed their Representatives to re-enact .
| but instead of doing that the Legislature pass
| ed another law, in which they made the State
| of Mississippi stakeholder in the bank TO the
amount of IS 600 600, made her the PRINCIPAL
debtor on bonds to the amount of S., 600 coo in
stead OF being surety and guarantor a. she was
before, and without re-submttinE it. issued
the bonds under that, and they were sold The
gentleman Is lawyer and can the differ
ence The people agreed to be guarantors to
the bank with ample indemnity to the amount
of $l0, 800 700. The bonds were actually issued
" II
er submitted according to the Cons titution
made her a principal to the amount So 00O. 600
That law was never, as | said, submitted TO
the people as required by the Constitution
Not single dollar of that money ever went
into the State Treasury of Mississippi and no
subsequent Legislature ever ratified or ever
submitted ii TO the people. That Is the whole
thing on that there Is nothing else in it ex-
ceyt that.
Now, Mr.. President, | am very sorry that |
have been compelled to participate in the dis
cussion at all
Mr.. HoAR. I should like to ask the Senator
IN reference to what he is now stating wheth-
er the Legislature Of Mississippi did not in a
subsequent year, IN the year 1871, in January
pass resolution to the effect that the State
was bound to the holders of the bonds of the
State sold on account of the bank for the
amount of the principal and the interest; and
furthermore, that the State of Mississippi
would pay her bonds aud preserve her faith
inviolate. The Legislature at this time repu-
dated with great yigor the insinuation that
the State of Mississippi would refuse to pay
her bonds and violate her plighted faith. And !
did not the Supreme Court of his State, Chief /
j ust ice Yerger-I think Chief Justice at any
delivering the opinion declare that /
those bonds were binding and valid
Mr.. GEORGE. | will answer both questions /
The Legislature, | believe, passed a resolution |
of that sort, but it after the bonds were /
Sold and not before. If the Legislature had /
not power to bind the State by the creation of
the debt, they had not the power afterward by /
q mere resolution, without submitting if to
the people, to validate an invalid debt.
Now, as to the decision by the high court of .
errors and appeals of Mississippi, will an
swer that question by asking the gentleman
another, not for the purpose of ANNOYING him
1t all, because l do not think | could annoy
him by question, but for the purpose of
bringing out rather salently the idea |
have in view: Did not the Supreme Court OF
he United States decide in the bred Scott
case that Congress had no power to prohibit
slavery in the Territories, and that free ne
yroes could not be citizens of the United
States, and did not the American people sub
nit to and acquiesce in that decision? Ger.
ainly not.
Mr.. HoAR. The Senator is answering the
question which he proposed to ask me
MR.. GEORGE Yes | thought | understood
-ou to assent.
Mr.. HoAR No, sir
Mr.. GEORGE. Very we'll.
Mr.. HoAR. | say, in the first place if the ,
senator desires to knew my opinion on that
ubJect, that the Supreme Court of the United
states never so decided it was mere obHer
Ictum in regard to point which the case did
lot present; next, that the American people
hanged all that by change in their Consti-
uton. {
Mr. GEORGE Well, before the change, did
he American people acquiesce in that decis- !
op? Did the gentleman acquiesce in it?
Mr.. HoAR. Not in that dictum.
Mr. GEORGE, Though the Senator may
egard it an o6lter dictam, the court did not :
hink so. | will put another case. Did not /
he Supreme Court of the U United States few 2
ears ago decide that the legal-tender law was 1
Mr.. HoAR. Well, Mr. President, does the
senator from Mississippi seriously claim t
Mr.. GEORGE. Never mind If you will 3
Vait now | will show you the application | :
m going to make. | ask you that ques ton,
lid not the Supreme Court of the United
tates few years ago so decide, not in =
bitter dictum, but did they not render that =
alignment?
Mr.. HoAR Everybody knows the answer "
D that question. The Senator can answer it I
nd make his application if he desires.
Mr.. GEORGE. Very well.
Mr.. HoAR. That the decision.
MR. GEORGE. And about two years after >
ard they rendered decision the other way, q
id they notE Now the application | want to o
ake is this: We know that political aues- i,
ons, it may be unfortunate that it is so, but =
Ich is the fact, judges who have formed =
Dinions in reference to those questions before \
iey went on the bench are apt to adhere to n
lose opinions when they are upon the bench. {
he bred Scott decision made by bench
imposed of judges who entertained those
onions before they were on the bench. As a
the first legal tender decision l do not know il
DIV that was in that regard, because | do V
OF know how the judges had stood on that
lestion but it was evidently reversed by
lie infusion into the court of two men who Y
I'D according TO the opinions which they had v
ltertained before they went upon the bench, e,
lu II Is SalQ tDay were put on the DehcH LOT
AT purpose. The Supreme Court of Missis-
ppi happened at one time to be composed Of +
rec men, every one of whom had been an II
tive participant IN the discussions which / :;
'ose in 1S4l and 1S43 in reference TO u
e liability of the State. and every one of Ia
EN- happened TO be a man who had com
tilted himself fully in every way, in every u
ape, TO the doctrine that the State was La =
Mr.. HoAR. want to ask the Senator from 81
then if the sum and substance of Il
Is whole thing is not this that he denoun- Il
$ our alliance with man
Mr. GEORGE. Ihave made NO denunciation.
1u have not heard me denounce anybody. OF
MR. HoAR. His associates have. Now, d
en-, according to the Senator, the people OF
ississippi allied themselves with men who
pudiated the honest debt of that State ac- II
riding to the judgment Of its own Supreme "
urt n,
Ma. GEORGE. / denounce nobody. The -
nator has not heard me denounce anybody.
10 not even denounce that man who told "
; colleague that enormous story about Mis- in
'sippi. treat him politely; do not know :.
t what he may have dreamed it or some "a "a
ing of that sort but | would undertake d
say after all my experience about mems tn
caring as to things occurring in MISSISSIPPI hs
that the man was continual liar instead hi
q crazy dreamer. The long and the short Of ~
is just this, | will tell the Senator from !:
that have never met a law ~
r outside of that court in Mississippi Of any SI
litcs who coneurred with the court in the
lcluSLon HH4CH knef reached. but that Is ~
the way TO decide that question, that is -
t the way to help up people for repudiat-. w
debt. Sc
they had as much right to their opinion as
the justice and legality of that debt as the
,ple of the United States had as TO the Ie-
ity and the proprieiy of thu decision made
the bred Scott case-just much. 1t was cor
u e question: ana nndertake 10 say 10 tor
4 lawyer, without reference TO the decision lbs
the Supreme Court of Mississippi, he will wi
i've at the same conclusion that | have that an
re Is no legal validity, and never WAS any lie
IL nd if he S4naaar decision ~ fro