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Louisville messenger. (Louisville, Miss.) 1842-1843, September 02, 1843, Image 2

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trol Miium.wy (if C .fi:;i'joiil nwi
Ih piffrMllntfi nfnir "? Irtfl
future, Willi it full irpul i.f ir i h
r of IU nnmbm, mi nil Import 'i nt
nuMrrli. It Hill pullufi n wnUy
I'llV IM IM" rnmilir HMD Mi"i-r
Miifkrlii.rNi w Yoik.CiixInmiili .V
r' M'v or tii" rrniiiif hihi ! v
New Orloniu. wild tlitr lcl m-Wf,
furiiMiril by ttbh roinpnmlHit,
otip'tfd iprrtly for tlm ntoio.
Tlit! Hi:fNMKit l ri'ftl.li'ltcJ on it
Carinminil bi, mi l n fenr nerd
c cnt itainrH hut Unit It willbatlli
lODfc lllill lirilU0llf III de.fVlKO of
sound principle, mid the cuuto of the
. 1 .1. ft .ft
Jn short, it will no mo greni od-
Jfd of the Editor, to render the Sou
tlicrn Kcformcr, juid iudi a vehicU
of general intelligence, us w ill iva
dily recommend itself to llio favor of
nil description offenders mcli it pa
jicr as the v will be gralifn d to re
ceive, willing to pay for, and peruse
with interest, satisfaction and advan
tage. Such is the outline of our views &
plans. We now most cheerfully and
Without nny misgivings ns to the an
swer, SUomil me question, "snau
such a paper to sustained in our
state J" to the decision ofatiintcili
gent and liberal public,
W.M. SMYTH, Editor.
Jackson, Mis. Aug. 1, 1843,
CrThe Southern Reformer will
be published weekly, on an extra
imperial sheet, and printed on clear
and beautiful new type, at $3 per
Annum always in advance, or on
receipt of the first number.
(KrPersons sending the amount of
five subscriptions, will receive the
sixth, free of charge.
CCrThe Reformer will be issued
three times n week, during each ses
sion of tho legislature, without addi
tional cost to regular subscribers.
Saturday:!! i?:i September 2, 1S43.
Of South Carolina,
for vice president,
Of New Hampshire.
Subject to the decision of a National
QCrWe are authorized to announce
Amzi E. Love, of Lowndes County,
acanaiaate lor Clerk ' ot 'the .V ice
Chancery Ccurf, in the District com
posed pf the Counties of Lowndes,
oxudcc, Kemper, Winston, Nesho
ba and Oktibbeha.
(KrWe are authorized to Rnnounce
Brice M. Mpore, of Oktibbeha Coun
ty candidate for Clerk of the Vice
Chancery Court, in the District com
posed of the Counties of Lowndes,
Noxubee, ! Kemper, Winston, Nesho
ba and Oktibbeha. .
(T Ve are requested to state, that
in consequence of hjs indisposition,
me lion, Jacob Thompson will no1
be able to fill his appointments, as
heretofore advertised in this, and
other papers. '
CCrAttention is invited. to the sec
ond number of the Review of Mr.
Wm. Yerger's speech, signed, "A
friend to the Constitution,"
At It rHMiC.fi.tk fii'iillfitf.
ITM-rclifiy f wl.l'lii'tfl H-IWi"!
In ill (ImiIIou M' t'tity.) "
in. M..I
tit Diiliicl known and ilWUnK'jH
in Mauley's PMrlcl, 'I H'
I illicit
win iiMiiiiiuiMtiily d'll, nooiint-
ii,i,r joiin cauvixi,
1IOUN fur tho rrrsidctiry, without
tiny Condition or fimlilic.ilion whale
vcr. From llio tone of tho (Ilobf, tho
lending Van Uurtti erg m, uc nre of
tho (ipiiiinn that It will 1 ,,,nR
before fitnil.ir resolutions arc panned
from Maine lo LouNintia.
ni-Tlio Vltksburg
Sentinel lias
passed into the hands of Mcm. Uy
an, Dixon Clay bourn Mr. Ryan
is tho Editor. From the numbcr.be-
fore tis, we are disposed to think the
"Sentinel," under its picsctit propri
etors, will amply sustain its high
(fThe Hon. James C. Mitchell,
of Hinds County, died nt his resi
dence, on thp 17tb ultimo.
03-The Philadelphia papers give
an account of one the severest storms
in that city and vicinty, that has ev
er visited that section of the country,
It is stated that tho wind and rain
destroyed every thing, almost, that it
came in contact with, demolishing
houses, bridges, &c., to aft enormous
value. There were 35 or 40 lives
CSrThe last British Steamer that
arrived at Boston, brought files of pa
pers filled with important news, in
relation to the Scotch and Irish dis
turbances, One of the London pa
pers says, that the active part taken,
by a portion of the citizens of the
United States, in the Irish Repeal
agitation, has caused considerable ex
citement, both in Parliament, and
among the loyalists. And from the
jealousy existing between the two
countries, it is thought by some, that
a war might be brought about be
tween the United States and Great
Britian, after all,
A Singular Coincidence.- Gen.
Washington had no son and became
President twice. Jchn Adams had
sons, and became President once.
Thomas Jefferson had no son, and
was President twice. James Madi
son had no son, 'and was President
twice. James Monroe had no 6on,
and was Piesident twice. John Q.
Adams had sons, and was President
once. Gen. Jackson had no son, &
was President twice. Martin Van
Burcn has sons, and was President
once. Gen. Harrison had sons, and
was President once. Capt. Tyler
has sons, and was President once.
John C. Calhoun has sons, and will
be President once, after 1844, just as
shure as shooting.
From the Mioisippion.
OF JULY, 1813.
No. II,
Having in my late No., as I believe
proven conclusively that the people
have thefight to examine into, and
Judge of all infractions of their Con
stitution, and perpetually enjoin, or
prohibit the operation of unconstitu
tional enactments. I now propose
to prove that the five millions of bonds
issued and sold on nccount of the
Mississippi Union Bank, were issued,
and a loan obtained on them, in pal
pable violation of the Constitution.
the Constitution expressly "pro
hibits the passage of any law to ob
tain a loan of money on the credit of
the State, 'or of any law to pledge
the faith of the Stato for the redemp
tion of any loan or debt, unless such
law be passed by two successive
Legislatures, with an' election of
members to the Legislature by the
people intervening and a publica
tion of the law three months in three
newspapers of the State, next pre
ceding said election. At the session
of 1833 the Legislature passed, the
sepondtirne, a law called the "origin-
m" tlnru r t-l lliB ,MlU.ppl Uil'
IJ.iuk, miilioiulnx ft h'.ui on the en l
II i.fihii Mlati'.nnd plt dli.K t'" Mill
t,( lUf tfiftlr, !'r In" rid'inj'H. n ol
mid l.-iiii. 'Ilm I.mii win la r i f-
.I I'd I Ml'M'i of Hi" I'MM"(. aid
p.r- I'f IhiIiiU llf If.? SllitU f t fji'l,
',i)0,0(iO, f.-r l!ii iiirf,'f (if rnl'intf
ilnil iitiioiinl i.ff ri mil, fr t',t!biiln
.Yd. it tiliXMM Kftlio Sin") mihlv"
h, lo Imiili tioii on ronditl. n, how.
evt r, thai llioto f ill- lit who inltflit
initxiik In llm hiiikiii iidtinluri',
hoii M iuIini ril 0 for ilti tii(K. mi l
upon mihccilhin:', or when ro-1 ti i rl
by tho ilinctory of tho Hank, should
nai h pay ihiwu In chcIi ten per rent,
upon ti c ntnount of his nibncrlpllonj
ami fin thor, oxectito n IjoihJ lor tio
iiinoiuit of hii tubscriptioii, and u
moilfjngo, to sccur lh State ngainst
her liabilitv on her boudc. The
niorigai;e was to be on unincumher
cd property, of nn imperishable na
ture, equal in value to the amount of
his subscription. When those bonds
and mortgages should be executed,
and the directory of the bank, satis
fied of their sufficiency, "thereupon,
the Governor of tho Slate," was au
thorized "to issue bonds of the State,
from time to time, equal in amount to
the slock subscribed, and secured,"
(by bonds and moitgages iis aforesaid)
"to the satisfaction of the directory."
The object of the loan, Was to furnish
for the citizens of the State ami for
them "only," 15,500,000 dollars, to
bank upon lor their individual benfit,
upon condition that the State should
be first secured against liability; and
the issuance of bonds, and,' conse
quently, the making , the loan, was
prohibited, except on this fundamen
tal condition, and others of minor im
portance. This proposition was sub
mitted to the people and agreed to by
them in view of the object, and tho
conditions of the loan.
Shoitly after, at' the same session
of the Legislature, another law was
Eassed vhich had never been passed
et'ore, nor submitted to the people,
to obtain a loan of five millions of
dollars on the credit cf the State, the
object ol which, was to enable ' the
State to take five rnilliODS of the s!ock
of the Mississippi Union Bank. To
ehect tins loan, the UOvernor was,
immediately on the opening of books
of subscription, lo subscribe five mil
lions of dollars on ti e part of the
State, to issue five millions of bonds
of the State, and deliver them to the
managers of the Bank, that they
might be immediately put in market,
sold, and the loan obtained. By this,
second law, a loan was to be obtain
ed, not for individual citizens of the
Stale as contemplated by the Grst
law, but for the State of Mississippi.
No cash was to be paid, or stock bonds
and mortgages ' to be given to secuie
me state, but tne loan was to be
made without these, on the naked
credit of the State, independent of
any ot tne precedent and prohibitory
conditions of the first law. As this
loan of five millions was authorized,
...... '
ard actually obtained m opposition
to, ana violative of the terms, upon
which the charter originally authori
zed a loan, it follows, that so far as
the loan is concerned, it is a distinct
and separate law from the original
law; and a loan was obtained by
virtue ot its provisions. The people
had rgrced that a. loan should be ob
tained for citizens, on condition they
wouiu nrst indemnity Ihe State, but
they never had the proposition be
fore them, to obtain a loan for the
Slate without any indemnity, and did
not, iriereire, autnonze the passage
of the law for that object. The con
stitutional requirement, that, lo ob
tain a loan on the credit of the State,
the law for that purpose must be en
tered on the Journals, be refercd to
the people, published in three news
papers of the State before the next
election, and passed by a new le
gislature again, was not complied
wiih, and unless these thinars are
done, the Constitution declares such
aw shall not be passed. This, latter
law, is therefore deafly unconstitu
tional, and tho bonds bavins: been
issued, and the loan, obtained by vir
tue of its previsions, were illegal and
void. 1 am aware, that it is conten
ded, that the 5th section of Ihe origin
al law, authorised the issuance of
$15,5G0,0GG of bonds of the State &
pledged Ihe faith of the State for
their redemption. 2?ut these bond
were- to be issued, not for tho use or
benefit of the State, but for individu
als, and on condition too, that they
Should first indemnify the State. To
borrow five millions for the State,
wiuiout security, and to make a loan
lor ifiGiviuuils with ffvcuntv. urn l
very different propositions, Ifa loan
that to facilitate a bank, tho ticvern
or wan lo isuu bomb of the Sta"; for
$15,300,000, and that the faith of tho
Stlte wa pledged for their ledcinp
lion. Could the People havo been
able to judge of the propriety of the
meMuroi They could not; and lin y
would have concluded that none hut u
set of madni"n or fioU would ever
have passed nucIi a law. But if tin;
assumption that said section, is in
itself, a law, be admitted, then, I
will prove that law to be unconstitu
tional. The Constitution says:
4,The Legislative power of the State
shall be vested in two distinct branch
es: the one styled the Senate, the
other the Houe of Representatives,
and both together, the Legislature of
the State ot Mississippi, and the style
of their law shall be, 'fa it enacted
by the legislature of ihe State of
Mississippi." ' , The 9th section of
the 7th article declares, that in the
passage of a"law to obtain a loan on
the credit of the Slate' or to pledge
the faith of the Slate" &c, ''the yeas
and nays shall be taken thereon, and
entered on the Journals." If, then,
it be contended ihat the 5th section
of ihe charter is a la w, complete in
itself, I ask , where is its enacting
clause, and where are the yeas and
nays taken thereon? - They are not
to be found. But these are positive
ly required by the Cons'itu i n. The
section not having tluni, if it be an
act complete in itself, it is unconstitu
tional. ,
Having shown tnat the 5th section
of the original charter is not n law,'
except in connexion with the other
sections and conditions i f the law, I
will, here, state another objection to
the constitutionality of the oiiginal
charter, which might be made, if it
were necessary to iny purpose. The
9th section of the 7th article of the
Consiitution requires a law, nuthori
sing a loan, (of course a law, having
an enactingclause, and the yeas and
nays taken thereon) to be referred to
the next session of the Legislature.
Only one section of Ihis law was re
ferred, as is shown ; by the act itself.
Of course it lacks this reference, as
required by the Constitution. This
being an error which appears in the
record, I suppose Mr. Verger's ap
pellate Court, even with its limited
powers, might, on this error set aside
the action of the court below.
Although I think the foregoing
lacts, and arguments pioe to the sat
isfaction of any candid mind that the
bonds sold on account of the Missis
sippi Union bank were Unconstitu
tionally issued, and invalid, yet so far
as Mr. Yerger is concerned, all is
unnecessaiy labor; for nearly his
whole speech is an effort to prove
that an unconstitutional enactment
maybe of binding effect in law!
Altough- the Constitution declares
that an unconstitutional enactment
"shall be Void," and makes the de
claration, as it avows, "to guard n
gainst transgressions of the high
powers herein granted.' Mr. Yctppr
employs all his ingenuity to convince
us tnat sucn enactment is not void,
but of binding obligation! And this
he does, while in the same speech he
declares the design of the Constitu
tion to be, limitatien upon the
people themselves, and to protect &
guard them against unwise and hasty
Legislation." Yet, if his position be
true, it is, after all no protection. The
Legislature may, h, violation of that
Constitution plunee the nrm,! ?mrtn
debt of countless millions, the money
before the people can rench the evil
& prevent it mav continue in nftwnr
until the money is spent, resblve that
me otate owes the debt, and bind tho
people thereby to pay it! The very
same party that violated the Consti
tutlon, may continue in npwpf until
they can sanction, by another act,the
first outrage, and that cures the Con
stitutional defect and seals the fate
of the people!! , To refuse to pay un
der these circumstances, Mr. Yerecr
uiiuju, wouia Drand the Stale with
infamy! Where. Mr. V
the shield of protection cf' which J
tvwf iiliorl"jl fr o' nhvnlir
l, upon tt full li dfltiuiiiy, iiom l.nt
ii iiiodiilill wu'll l Miv, thiit wm mi
tl.onty to tii diii loan for it dill, rent
iiiilltlJinl wltlioui liid'ii.nli) I
Ai;ln, it li lonli hdi d iIk.i iff fi li
Mlloii nf lb i rigmid hiirmr l a
law rmi.plulti i t if" If, p!rilni ll.i
fiillmf tlm Nifi'ii for mv.oo.iiui,
wilhi.ut nny mc.'Mary d p inlnnco
upon, or inunction with tho oilu r
nectiom of lhi bill, or what 1 l ave
tailed precedent ondllion to llml
pledge. SuppoMi, then, 1 1 1 trclioii
had only been t u n led, and a nl U rth
lo tho peipU, fr tlioir examination,
(Lev would lime uiidomtood, only,
yMi rit ha. hi pi ut. yf
....!! I . I.,.- ..... . I .1
IIMFIIICIII Mi' II in-, wil'l f H'l llll Ml
with jtU, luivi! lorn t i,H(,y
I' It IIIOM', WlMlin )0'l ll ( l.llllMl
prolrrl, In Iph M uiol d tnun h m
I'ba triiM'iilly relied np'in th j
of llio ('oiMliltitien. Tiny ImiImI
In tho lli;hin iniih of Ilir .'Juitufo
pinlci I tin in. Tin;)' iitpKir.l lh.,
tub inn Compart Into h li Hm ) had
viitcrr d with you, ll.oifii'Clily nf m(ih,
ami llio in,ij;iinnimliy of .iu ih y ,np.
poo, it vii loom Hi' joilty, tn iw u,q
from ticachery mid roblxrj, n d
uoiri that drtmtahlo xy.fcm of ry,M.
(liation width liko llm witlniiu
blasts of thcilrcfco of llm wlldi tin.
.'will, If not chdeked, cairy ruin nml
dcstiuclion over tho Mr field of
American liberty.
Mr. Verger's other posith,ni will
be taken up und cxmnined in iny next,
A Fhieno to the Constitution,
mm Hi MlMiiinti,
AN ACT to amend the existing ads
regulating proceeding by nttaih
nient. Skction 1 . Ii it enacted by On
Legislature of the State of Miasusip.
pi, mat me nnecnin section ol tl.o
forty-third chapter of Howard and
Hutchinson's Digest be, and the samu
is hereby repealed, and that hereafter
all attachments now provided for by
the laws of this Stale shall ho rcple
viable at any time before final Judg.
ment rendered against the defendant
thereto, or a writ of inquiry executed
on the appearaco of such defendant,
and his execution of a bond with suf
ficient security to be approved by (ho
sheriff or other officer executing said
attachment, and payable to the
plainliffin a sum double the value of
the property allac hed, and condition
ed to have said property forthcoming-
to abide the order or decree of the
court, to w hich said writ of attach
ment shall be returnable, or in de
fault to pay and satisfy to ah extent
not exceeding the value of said pro
perty, such order or decree of said
court; which, sr.id bond, together
with 6aid writ of attachment shall be
forthwith returned by the officer ta-
kiug the same into the clerk's office
of ihe court aforesaid, with a partic
ular endorsement the. eon of all the
acts of Faid officer in relation thereto.
Sec. 2. J?e it further enacted, That
in all cases where the defendant in
nny attachment shall have execute!
a replevy bond under the first section
of this act the sheriff or other officer
taking the same shall restore to said
defendant the property attached.
Sec. 3 Be it further enacted, That
if any plaintiff, in-attachment 'shall,
be dissatisfied with the bond cr secu
rity executed by the defendant, under
the first section of this act, he may,
within sixty days after the date of
such bond, by petition to the Judge
of the court of which said nuachnvuit
shall be returnable, or to any Judge
of the High Court of Errors and Ap
peals of this State, obtain a citation,
ordering such sheriff or other officer
taking such bond, to appear at such
plnce and at such time, not exceeding
ten nor less than five days, and sliov
cause if any he can, why said bord
or such security shall not be adjudg
ed insufficient, and the Judge order
ing such citation shall then and there
examine said bond and hear such tes
timony as may be offered by either
party, and in case such Judge shall
adjudge such bond or the' security
thereon to to insufficient, then such
sheriff or other officer shall he and
remain subject to the same judgment
as the sUrity in such bond, and shall
have the same liberty of-defence as
said principle or security may have
had, s to all matters not growing
out of the acts of said sheriffor other
officer. ''. : - '
SIpo A.. Tin it further onnz-li.t. Thftt
in all cases of attachments the defen-
uant in aitacmnent snail be cniiucu
to appear by himself or attorney to
defend the 6ame as in other suits for
the recovery of money at any limn
before final iuderment. or writ of en
quiry executed, but in no . case shall
such aDDearance onerate to vacate
ii . i , -I.
or otherwise affect the obligation ot
any bond taken under this act, ner
to discharge any garnishee or garni
shees, nor , otherwise affect any lien
created by such attachment.
-Sec. 5. Be it further enacted, That
the provisions of law now in force in
relation to claimants to property
der a writ of firie facias shall be aiw
the same are hereby extended W
claimants to property under writs "t
! Sec. 6. And be it further cnocMi
That this act shall be, and remain i
force from and after the passnge
thereof. i
Approved, July 26, A. D., 1813

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