Louisville messenger., August 26, 1843, Image 2

About Louisville messenger. (Louisville, Miss.) 1842-1843

Image provided by: Mississippi Department of Archives and History

                
rai tuinrniur 01 i.oiitf riiionni ii-wi
tho piotm dmpw of mir ulnl bfU
utnre, Willi m (nil report of tho i" b
ttoflU inctiibtn, on a'! I iip'.rtmt
lunlrft. It Will puhlih i WicUj
' rrfWof lit PrO'luc mol MmiwV
Markets of Niw Yoik.Cuiilhiiitiil
New Orleans, with oilT I 1 newt
lurnUhcd t)jr nbh rorrepond nli,
ngAgcri cirrly for tho Mirpoie.
i'lie llr.ro if rifttIih! I a
tctrnaiif nt baK mid iu fear nerd
ie entertained but that It will bailie
Ioml' and nrduoudr In dcf mr of
ounJ principle, ami the f auc of tin:
people
In hort. it will be the crral ob
j(Ct cf the Editor, to render tin1 Sou.
thorn Kelermer, jun mum u vemtiv
cftrmcral Intcllicc-ncc. m will rea
dily recommend iuelf tn the favor of
all description ol rctu:r men n pn
pcrns they will be grntifb d to re
ceive, Willing 10 pay lor, nnu yr.iMv
with interest, satisfaction and advan
tage. '
Such is the outline of our. views &
plana. Wc now most cheerfully and
without any misgivings as to the nn
iwer, submit the question, "shall
such a paper he sustained in our
state?" to the decision of an intclli-,
out cuiisiililiiK otl.cn, or M -hm
jcl i tho control of oilirr. 1 U
1 1,.. c Hlili lli IrfiruUMirwoi
MiuiMlppll N. Thy, und. r tl.
C,,h lumen, mr bound I" ropiM
Mm u illon of it lo in ii on llir cr !
II nl tl,ii M.iiv, tail." pM'pl" f
Shle, mid when lt. "-h' lmcnp
proved it, ll.i ii the; an i oi.fi r-n ihu
proposition by i oinl emu fluent.
The)' have no 'poau' In lunke s h h
loan, without tho peoph in Ibtif
Jim Mlion" ru pn-p'T t nitb rin
the in lo do mi. 'I he roiirl mv, that
Ihn question t,f 'p(ivrr" liitheolhrer,
(in this cue the Legl- ilmc.) may
urine." 'Ihn question "t onto pic
mmiIs Itself, Imd the Lrgflatut'e "pow
er" lo make the loan of five inillUis,
it was nnde? All! Hint H lo
rut n ciMinuwnl, hif-irn ihf Aiitt
Jt'pil'l! .illnjj i I'll', by W. YrrRT,
Hop, .i i. in dil pifiMil of ivhlib, m a
Mirnel)' loth it (lolll nil.
We ih-ill cmllMi In piibli h h"
review, n we rmivu ihem I" )iiit
neridi nli.
OVNVe w knowing;! lh reielpl
of (Iftihiiiii'ii Mafirine, fur Seplcin'
herj i m I fioin the ('Hill! of J. II.
('ohm, I'liila lelj bin, f . 1 1 r inimheri
of'S'eeiim in hi li.ui hie," nml five
numbers o that i nt rt tnt in g period!
cal, the "J.om II Oflerii Tor all
of which vn tender our thank.
pent and liberal public.
W. M. SMYTH, Editor.
Jackson, Mis. Aug. 1, 1843.
TERMS.
(ErThe Southern Reformer will
be published weekly, on an exira
imperial sheet, and printed on char
and beautiful new lype, at 3 per
Annum always tn advance, or on
retttint of the first number.
(rPersons sending the amount of
five subscriptions, will receive tne
sixth, free of charge.
(7-The Reformer will be issued
three times a week, during each ses
sion of the legislature, without addi
tional cost to regular subscribers.
LOUISVILLE JVZ1SS
Saturday::: ::::::: August 26, 1S43.
JOHN J. THOMPSON, Editor.
FOR PRESIDENT,
JOHN C. CALUOUN,
Op South Carolina,
for vice fresioent,
LEVI WOODBURY,
Of New Hampshire.
Subject to the decision of a National
Convention
DEMOCRATIC TICKET,
FOR CONGRESS,
JACOB THOMPSON,
T. P.I. TUCKER,
WM. II. HAMMET,
K. W. ROBERTS.
FOR GOVERNOR,
ALBERT G. BROWN, .
FOR SECRETARY OF STATE,
WILSON HEMM1NGWAY.
FOX AUDITOR OF PUBLIC ACCOUNTS,
JAMES E. MATTHEWS.
FOR TREASURER,
WILLIAM CLARK.
LATE I'KOM TUX AH.
The New Oih aiu Picayune, of t he
llth inst., ftmibhcs ui with the fob
lowing important ileum of news from
the Republic of Texas:
It is denied on (lit: best authority
that of Cuutmn Klloiif, we preMiime-
lint olliter'.iad been instructed hy his
(Jovcriiiriciit to propo.'O, trdulpio-
lose to t'.e Goveiiimi nt ol jexas,
(ho abolition of slavery, as the price
lor llio acuve iniervention ol tne
Government of Great Britain to com
pel Mexico into terms of peace.
Despatches luid been received
from General Adrian Woll, to tho
Texan Government, designating
Laredo as the place at which the
commissioners from the iwo govern
ments may meet, and arrange matters
in relation to the two (Oiin:ries,on the
immediate frontier to winch his com
mand extends.
The negotiations with Mexico are
progressing as satisfactorily as could
be expected.
Money begins to circulate more
freely m Galveston.
Both Com. Moore and Capt. Lo
th rop have been dismissed from office,
by order of President Houston. The
reasons given for the discharge of
the Commodore being disobedience
of orders in the cases enumerated in
the Proclamation, and Capt. L. being
dismissed for refusing to take the
command when the Commodore was
suspended and ordered to report him
self to the Department of War and
Marine in arrest.
On the 28th ult. the citizens of
Galveston gave a public dinner to
Com. Moore and the officers under
his command, in order, says the Gal
veston chronicle, "to testify their
high approval of Com. Moore's con
duct against the enemies of ourcoutry,
1 . .1 !
ana also to snow mcir aeciuea uisup
probation of President Housten1:
tl.i won , pni ihil J tl o l ondlw
nil jnnlci any lw, Ih t law wa
iMilii.ii'uiil.orh" fills loprarii
.",i iphlflli.-n of ill" Hlftle lu piy
1 lh'(Oinlt nob n h i ui piove the
ot"iifoii j'p'i (uiti ii, lb it nit iiii(on
i iMUi'il i naelm ot w hi' h I lie fou
tllii' ll ll'l lf pn IK'tlllK H VOIt,l.
IK-Ulltele'), il I itv of th" mil. and
l'i:ll llndnuf upon llu penplnl
II I lli it lie duel hold ihi IhninlioiH
pif o.iIkui In he Irtie, I think, will
clei ly iippi ar in ihf n'jin I.
'ho ai.ti hoi.d pur'y h ive never
( I.i i rnuc Ii sllex, iipmi (he hut that
I lliiorinni d cli irier hiu not puMidi
edireoiiling to I ho 'irqiiireini ii'i of
th onMituiion; for ulthougli an in
vlriblo aigiiuieiit mny hn drawn
fnn that I act, to prove the Mate not
liado for the bund, proudod they
ha. received iheir existenco under
tlA law, yet as they did not, and we
hfcvcini)h3 ground Id occupy with
out it vt. have waivul that position.
I wouhhot, now, olfer a single re
mark iipu, tliat noint. were It no'tfor
tli! astouiiliiig doctrine, in reference
toil, conlaijed in tho quotation aLove
iii.ujf. "mk queHion ol publication '
ue says, "is a question ot evidence
which, must necessarily bo decided
i .i . . . .
PV me Lifjisature. and this dec s
ion when made is final and decisive
ugaimt nil the world!" The Lczis-
lalurei then; hy its act, settles a
roustiUtional question! The courts,
the peoiilc, all the world, are cstoo
ed by iIm f,K t that the Legislature
have pacd a law, from an enquiry
i i. .. . " m
wneiner iiey pas-cd it m conformity
withrequiVemen'ts of the constitution!
I lie fact tiat ihcy have passed it,
ueciues me, consutution.il question
against all hc world!!! I thought
we had Courts who
iiucfth II. I boldly uflinn they had
in It was
net and uiilcM Mr. crgT proves
they had, tho opinion cited by him
fails io nislinu him.
1 cull upon hiru to show, where
the Legislature derive any power
to Legislate but from the Constitu.
tion. Let him show. II ho pleases,
where the ZcniHaturo obtain "pow
er" to violate the Constitution. If
he cannot, do thi he must prove the
law, by which the loan was obtained
to be Constitutional, before he can
prove the legislature had "power
to make the loan. Thi" he cannot do.
Of course the opinion of the Court
avails him notlni K
'Fraud in the partY,v is another
question that may an?c. I he party
in this case, Nicholas Biddle was
the purchaser 'of the bonds. The
Law under which the agents who
sold the bonds, and the fptcial power
of attorney under which tney acted,
prohibited a sale of the bonds for
less than their "par value in current
decide on questions of constitutional money of the United States." The
law! 1 thought the Dconle had a law and nower of attorney were aid
. . . . . . . . . j
had a right to
right to inquire to determine such
questions, nnd to repeal, an unconsti
tutional enactment, solely on the
ground of its unconstitutionality.-
JNot so, if Mr. l erser's doctrine be
true. Let us hear no more about the
State's liability for the Union bond,
being a "Judicial question." The
question i? already decided, by the
before him, which fact he acknowl
edges over his own signature in the
articles of sale. Yet while he knew,
that he traded at his peril, if he made
a contract contrary to the stipulations
ol the power ct attorney, he madtf it
(as one of the commissioners who
sold him the bonds, has sworn.) an
indispensible condition to the ton
tract, that all the interest that had
act itself, and that decision is "Final
and decisive against the world III" accrued on the bond, from their date
How much is it to be regretted, that hand all to accrue, ud to the dates of
l. . I. . .L. . . . . . .
me ii timers oi iiib ousiuuucm nau I mo respective ravnents . which he
agreed to mike, should be thrown
in; and that for evtry dollar for
which the bonds cilled. four shil
lings nnd sixpence sterling should be
paid. By this contrac, if submitted
to, he would defraud ho State, out
1
KEEP IT BEFORE THE
PEOPLE,
That our distinguished fellow citi
zen, Hon. Jacob Thompson, candid
ate for Congress, will addres them
in this place on Monday, next.
(rThe Picayune informs us that
the Yellow Fever is onr the increase,
in New Orleans.
flrWe call the attention of our
readers to the Prospectus of the
"Southern Reformer," a new weekly
sheet, to bo published in the city of
Jackson, commencing on the first of
next month, edited by W. M. Smyth,
Esq., former editor of the Grand
Gulf Advertiser. "
; REVIEW OF MR. YEGER'S
SPEECH AT JACKSON.
We publisJi this week, No. 1. of
an able article on the subject of the
validity of the Union Bntt bonds, in
Review of a speech delivered at the 1
not understood this? I hey never
would have exposed their ignorance
by adopting the conclusion of the
arst article of the Constitution, de
claring that all laws passed contrary
to tlie provisions ot said Constitution,
shall be vo;d. Had Mr. Yerger been of upwards of one millbn dollars!
pronation ol 1'ies.aent iiousten s hcre tQ en)i hten lhe , they need not quote authoities to prove
whole conduct, and particularly his lnfiv, ,. enwmuA ,1C;,' ,w Vo..a ,u. i i
Shamoful nrorlamatinn n"aint Lom. .. i i i .r. . . b
r o - nun, s ii wouiu nave-uceu uueny nun oi coniracis. , jnryare numer-
1UUIII IT. . I !!.: I - .
useless, i ins new uiscovery oi ivir, iouf, anu Known to evuy lawyer.-
From the MitsissippUn. ' Yerger, if true, makes the Legisla- The opinion of the Cant auoted bv
REVIEW OF THE SPEECH OFi ture, an absolute despotism. Mr. Yerger, shows it may he made
wmm i iT r . i i r ii i.
wr vppp.pd T"ct UPPfiRP. iur. icrger seems io oe luiiv
' ' ' . ... .u,
were issued and the loan
obtained on them Constituionally,
must, if investigated, be decided
against him: He therefore labours,
throughout to prove, that if the law
should be unconstitutional, et the
State is legally bound by it! No
person, I presume, except himself,
would argue that an unconstitutional
enactment is a legal ennc.ment, or
that a legal obligation of the State
can arise, from an illegal act of the istrators made the sale, in this case,
Legislature. Yet strange as it may was a licence to them to make sale
appear, iVir. lerger brings lorward a
number of Judicial decisions to prove
the fact, which as 1 conceive are
wholly inapplicable to the case be-
- - mm
lore us.
The first case cited, is from a de
cision of the supreme court of the
urmeu taxes, o l eteiv Kcp. 729, in ol the purchaser. hr hns n riuht in
which the court say, "It is a univcr- relv on the order nf ih rnvt c
sal principle, that when power or Ju- authority emanating from mmmnt
risdiction is delegated to nnv nuKli inr!
- - I KIIV IMI I 'UIULIUI
ofiiccr, or tribunal, over a subject If the above opinion of the court
matter, and its exercise is confined can be anolied tn thP ras. hrfni-A n3
to his, or their discretion, the acts so at all. it is onlv nn ih snniii
. I J " " -J n- u wr i w. V . V ,
idln 'i rn hiniiiifr n . Ia llm .hK.ai I tk.i a. . 7
u..v. .v-...v.iib ..s iu me ouujcti i ui.ti uio legislature has acted, in au-
maucr. i ne oiny nuesuou tnai can inorizin.' tie lssnanrn of ihn fi ril.
ari;e between an individual claiming lions of bond wiihin the Rmn- f ua
, - . - -- w vwi'&'W v no
a ii.n uuuci ,n,s uuiic, .uiu mc ttuuiority. i he Court above named
public, or anypcr.on denying itsva- had authoritv to ordfir a ih
lidiiy, are power in the officer, and real estate of thfi infruintP . hut h.
fraud in tho. party. All other ques- they authority to nrder ihi nHmii.i..
tion3 are settled by .the decision tralion to give it away, or to do any
made or act done by the tribunal or thing else, in refers. ft v,A t,ti
r!Tirer. tvhplhpr f .Ptrifiln t! vi ' T nrlirlnl f lior. l. I . t . . '
........ . ,.h...... . . v .n.u limn m mi i h law niwnnriTi n tn i n
or special, unless an appeal is provi- done! If they, acting within the
ded for, or other revision, by some scope of their nowers. or inrUrlirti
ucirtiu, kji ouc.iuijr muuimi, maue an "lmprovidenr' disposition
prescribed hy law." ' of the property, such improvident
Now, in applying this opinion of act, could not work a liei.r ..r
the court to the question before us, the rights of n'nurrhr ih,.;r
e ,l. . j . . 17 -..V.V.. ......
tne power oi me legislature anu oraer, hut had they ordered ti e pro
Governor to make a loan , on the perty of the intestate to be given a
iaa no
wnnlrt
proof, lie cannot do it. He must" muSt Uavc tIlc P0Wr t0 8 wi,h not a higher, or appelate Court, s jt
.i . ., .. . ..
TT I V. ANTl.TiV.PIinTATINtt "nai lliC Mwcai'L'" wuemcr
Jthe bonds
JACKSON, DELIVERED 15th
OF JULY, 1843.
No. I.
Mr. Yerger, commeces with a proo
that the original charter of the Mia
sissippi Union Bank, was passed bj
two successive Legislatures, and tha
the act, and the yeas and nays takei
thereon, were entered on the Jour
nals. This was unnecessary Iaboi,
as the anti-bond party admit this.
He then goes on to argue, that i,
even, the law wa not published three
months, as required by the Constitu
tion, yet we are estoped from inqui
ring into that tact; oecause he say
"The Governor and Legislature aie
the sole tribunal, by which the qu
tion of publication is to be decide
The question of publication is entire
ly a question of evidence, and wlip-
thcr the law had been published
not as required jy the ConstUnti
must of necessity, be decided by 'then.
non uiey nave decided, their decis
ion is final and decisive against the
world." j
Mr. Yerger has strangely over
looked the main point necessary for
him to prove, h will avail him no
thing to prove that the original char
ter of the Union bank wa passed in
conformity with he requirements of
the constitution, or if was not, that
wc are eslored f om looking behind
. . .11V. iBi.ume i0 as.
certain whether every thing was
done that the constitution requires
unless he proves that the bonds in
question, -eie issued, and ti irtfl
obtained, by virtue of the nrr,vL;a
of . said ongical charter. This is
what the anti-bond nartv rl,n,v n,wt
its
a question.
1 he next case relr-d on bv Mr.
ir ... .
lerger, is me c;ue (t Perkins vs
iairheld in the supieme Coutt of
iMassacnusetts, 11 Mas. Rep. 277.
,4'l he question," he siys, was as to
tne vanoity ci a sale of real estate,
made hy an administiation bv virtue
oi a licence irom tlie Court ol Com
mon Pleas." !
The Court sayr-i.
"The order of lle Court of Com
mon Pleas, under Which the admin
of all the real estate of their intestate.
That Court had Jurisdiction of the
subject matter. 1 the Jurisdiction
was improvidently exercbed, or in a
manner not warranted by the evi
dence from the probate Court, yet it
is not to be correctid at the expense
rid ihr ordtir, And iIi i h u ,i
perion rtioivinn um pr- ei) l.tti(,
lllffrftl proceeding iliotil I ,u dni.tnl
bf llio potirndolif think tn. f
then llm li'Kinhttirti nnd (tuvirior In
lha hnuiliK of tha bomli, d.il t,
mIiIi h thry wrrf tot iiiiiIm.i!..,! f
n thing not will, lu Ihn iplo rn of
tbelr powct, mid f-irtl.er, Il Nli , .
Iliddle aiqtiin d tin hoi iU lr ni .
lenity, im I Inive nhown, it f llnw.,
Ibnt tho in 1 1 not binding upon it.
Slate. It win an illeg d m t ihr - i I -out,
ninl tli()o who pi ifurn nl it, and
I hone w I in shared With I'm in In t!ll
benelili, are the old) imhi 1 u i i I
either bg'illy orniouJl, ,m I f.,iif
show In the eouro orihn review.
No we see Mr. Yerger'n pinion of
tho Court, will not aiu him, U'i'imi ho
sustains tint t'oimtituli. n ility of thu
bon). Unhss bo provi this, all ihn
opinions of the ouiH that he can
niradcwill do him noguod. Mr.
Verger cites several i tlu r pinion to
sustain Ids cxirimrli, my ihclrinr,
which are all equally Iru'llevunt t
the question before ih. Tin y all go
U show that upon mi npneal, when
Iht rcCOlds of the court below, fail to
show that certain requirements of tho
law, iccssary to be performed, prior
to, or ih order lo the Judgmoirf of the
court, tht appellate eouit will "pre
sume, that what die law required, l;as
been done. What has this to do
with the question before us? lit cause
the appellate court Ci.imot asume tho
province of a court of original Juris
diction, and enquire into matters not
contained in the record of the court
below, in order to obtain proof as to
the validity of its Judgment, does it
follow that there is no other court of
original Jurisdhtiori that can do so,
and if proof be made of illegality in
the action of said court, can it do jus
tice in the premises, and set aside, or
perpetually enjoin the case? I am
no lawyer, nothing but a plain, but
I trust unsophisticated farmer, yet I
suppose a court of Chancery could
take cognizance of the matter, and if
proof were made that the firt named
court had violated the law, and given
illegal JnJgment it could vacate, or
perpetually enjoin the Judgment.
So, too, a decree obtained in Chance
ry, by the fraud or collision of the
party, may be Impeached by an orig
inal bill in the same Court. What
good reason has Mr. Yerger, for sup
posing, that the people are tied down
to the technical ruies prescribed for
the governmeut of an appellate courtl
Have they not as much power over
the action of tho Legislature, as a
Court of Chancery having original
Jurisdiction, has over another court
of inferior Jurisdiction? They cer
tainly have, yea I will call them the
High Court of Chancery, having ori
ginal Jurisdiction of all things apper
taining to their government, and
where any thing has been done hy
the legislature or Governor, in vio
lation of their poweiS under the con
stitution, they have the right, and full
power to enquire into every thing
appertaining to such acts, and to per
petually enjoin the act from any op
eration upon the people of Mis?issip-.
pi. The 2d sec. of the Its article of
the Constitution declares "That all
political power is inherent in tho
people and all free governments are
founded on their authority, and es
tablished for their benefit; and there
fore, they, have at all time, an una-
tenaDie, ana lnaeieasioie . ngni to
alter or abolish their form of govern
ment, in such manner as they may
think expedient.1' The conclusion
to said lstaiticle is in these word.
"To guard against transgressions of
the high powers herein delegated: we
declare that, every thing in this artic
le is excepted out of the ge'nernl pow
ers of government, and shall forever
remain inviolate, and that all laws
contrary thereto, or to the following
provisions, shall be void." Those
clauses sustain the above assumption,
nnd shows conclusively that however
potent the Zegislative tribunal may
be, there is still a superior tribunal,
the people. A tribunal not antici
pated from looking into matters, not
in the record of an inferior tribunal.
Not a Court counselled to '-presume
that all things are done rihl and
Consiitutionally by the Legislature,
but a tribunal having lull, ana
complete original, und equity Juris
diction, over every thing that may
lave been done by the inferior tri
bunal. That the Inferior tribunal
the Zegislature did act illegvlly, and
unconstitutionally, in its "decision"
authorizing the isuanco of the five
millions of bonds on account of th
Mi.-sissippi Union Bank, I propose to
prove in my next.
A Friend to tub Coji-sTiTtmo: