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
We have seen the repudiating Executive message and repudiating
legislative resolutions of January, 1842, and their failure to influence
the decision of the court. And now, we approach another act in the
drama. The court having affirmed the constitutionality of the Union Bank
bonds, and as the act of 1833 directed their payment, the Legislature of
1844 enacted a new law, in these words: 'That hereafter, no judgment or
decree of any court of law or equity having jurisdiction of suits
against the State, shall be paid by warrants on the Treasurer, or
otherwise, without an appropriation by law, any former law or usage to
the contrary notwithstanding.' The 'law and usage' were plain, to pay
such decrees, as required by the law and Constitution; but both were
disregarded, and the act of 1833, for all practical purposes, repealed.
It remained in part, on the statute book, only to invite to the
gambler's game of 'odd I win, even you lose'--that is, if, under the act
of 1833, there should be a decision in any case in favor of the State,
it should be conclusive, but if against the State, the money should not
be paid, where (as in the case of these bonds) the Legislature differed
from the court, and had already repudiated its decision. Such was the
action of the Legislature in 1842 and 1844. In 1842, it repudiated, in
advance, the decision of the court on these bonds, and, after that
decision, repealed so much of the law as required the payment of the
decrees of the court. Now, with a full knowledge of these facts, is it
not amazing, incredible, that, several years subsequently, Mr. Jefferson
Davis should have declared, in his first letter of 1849, 'By the
Constitution and laws of Mississippi, any creditor of the State may
bring suit against the State, and test his claim as against an
individual; but, conscious that they have no valid claim, they have not
sought the remedy;' and he repeats this averment, substantially, in his
second letter. Now, who would have supposed, that more than five years
before the date of Mr. Davis's letters, the highest judicial tribunal
of the State, the one designated by the law and the Constitution, had
already unanimously decided that these bonds were valid, and that the
State Legislature, instead of paying the money, had _repealed the
appropriation_. But there came a new court, all chosen by the people,
under the wretched system, in many of the States, of an elective
judiciary, but unknown to the independent Federal judicial system. A
suit was brought in 1851, under the act of 1833, on one of the Union
Bank State bonds and coupons before the Chancellor. After elaborate
argument, the Chancellor decided against the State, and entered a decree
for the payment of the money. The State, as authorized by the law,
appealed from this decision to its own High Court of Errors and Appeals,
elected by the people.
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