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
Surely, it was supposed, that this new court, so recently chosen by the
people, after the legislative repudiation, would be governed by '_a
proper regard for the public interest and public opinion_.' Before the
Chancellor, as well as the High Court, all the objections made by
Governor McNutt and Senator Davis were earnestly pressed by the
Attorney-General of the State and associate counsel, but in vain; the
decision of the Chancellor was against the State, and it was unanimously
affirmed by the High Court. This case will be found reported by the
State reporter, Johnson _v._ The State, April term, 1853. (3 Cushman,
625 to 882,--257 pages.)
In this case, the bond sued on is given in the record, and will be found
an exact copy of that (heretofore quoted) under the original act, which
had passed two successive Legislatures, the principal as well as coupons
being payable in Federal currency.
On the reverse side of the bond is the following:
'L450 sterling. The President, Directors, and Co. of the
Mississippi Union Bank, do hereby designate the agency of the
Bank of the United States in London, as the place of payment of
the within bond and interest, and hereby assign and transfer
the same for value received to the bearer, principal equal to
L450 sterling, and guarantee the payment of the same at the
place designated.
'S. GWIN, _Cashier_.
'H. G. RUNNELLS, _President_.
'Mississippi State Bond, No. 91. 'Redeemable February 25th,
1850.'
As to the place where the bond was made payable, there could be no
objection, for the original, as well as the supplemental act, gave full
authority to make the bonds payable abroad. But as to the objection that
they were said to be payable in sterling, at the rate of four shillings
and sixpence to the pound, the answer was, as shown: 1st. That this was
the true rate of exchange. 2d. That the bond was payable in Federal
currency, and this was all the bondholder ever asked from the State. As
to the allegation that the bonds were sold below par, the court showed
most conclusively from the facts and agreed case, that they were sold
above par, and their constitutionality was fully affirmed.
The argument of the Attorney-General (Glenn) for the State, embraced 32
printed pages; in addition to which was an elaborate argument by his
associate, Mr. Stearns. The opinion of Chief Justice Smith embraced 45
pages, the concurring opinion of Justice Yerger, 27 pages, and Justice
Fisher concurred. The State was not satisfied, but moved for a
reargument, that of Wharton for the State, embracing 54 pages, and that
of Mays, on the same side, 32 pages; but the court adhered to their
decision, and unanimously affirmed the decree of the Chancellor against
the State. The decision of the court, in the heading of the case, is
thus given by the reporter.
Public-domain text, read in full here on John Shaqi.
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