The Continental Monthly, Vol. 4, No. 2, August, 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. 4, No. 2, August, 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
I have given the several objections made by Governor McNutt and Senator
Davis to the payment of these bonds, with one exception. This will be
found in the following extract from the executive message of Governor
McNutt, (p. 502): 'The bank, I have been informed, has hypothecated
these bonds, and borrowed money upon them of the Baron Rothschild; the
blood of Judas and Shylock flows in his veins, and he unites the
qualities of both his countrymen. He has mortgages on the silver mines
of Mexico and the quicksilver mines of Spain. He has advanced money to
the Sublime Porte, and taken as security a mortgage upon the holy city
of Jerusalem, and the sepulchre of our Saviour. It is for the people to
say, whether he shall have a mortgage upon our cotton fields and make
serfs of our children.' I trust the baron will have the good sense to
smile at such folly, and realize how universally, at least throughout
the North, the malice and dishonesty of these suggestions was condemned
and repudiated. We have no such prejudices, worthy only of the dark
ages, against 'God's chosen people,' 'the descendants of the patriarchs
and prophets,' and the 'countrywomen of the mother of our Lord.'
But this whole question has been twice unanimously decided by the
highest judicial tribunal of Mississippi against the State, and every
point made by Governor McNutt and Jefferson Davis overruled by the
court. One of these decisions was in January term, 1842, more than seven
years before the date of Jefferson Davis's letters, and the other was at
April term, 1853, nearly four years subsequently.
The first decision, at January term, 1842, is in the case of Campbell et
al. _v._ Mississippi Union Bank (6 Howard 625 to 683). In this case it
was pleaded 'that the charter of the Mississippi Union Bank was not
enacted and passed by the Legislature in compliance with the provisions
of the Constitution of the State, in this, that the supplemental act of
15th February, 1838, the same being a law to raise a loan of money on
the credit of the State, was not published and submitted to the
succeeding Legislature, according to the provisions of the Constitution
in 9th section, 7th article.' Here the direct constitutional question
was presented, requiring the decision of the Court. The case was most
elaborately argued on both sides. The able and upright circuit judge,
Hon. B. Harris, had decided that the supplemental act was
constitutional, and the bonds valid, and the High Court of Errors and
Appeals of Mississippi, after full argument on both sides, unanimously
affirmed that decision. In delivering the opinion of this highest
judicial tribunal of the State, and the one designated by the
Legislature in 1833, under the _mandatory_ clause of the Constitution,
Chief Justice Sharkey said:
Public-domain text, read in full here on John Shaqi.
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