LETTER OF HON. ROBERT J. WALKER.

LONDON, 10, Half Moon Street, Piccadilly,

_June 30th, 1863._

Soon after my arrival in London from New York, my attention was called,

by some English, as well as American friends, to an article which had

appeared more than a month previously in the London _Times_ of the 23d

of March last. In the money article of that date is the following letter

from the Hon. John Slidell, the Minister of Jefferson Davis at Paris.

'MY DEAR SIR:

I have yours of yesterday. I am inclined to think the people of

London confound Mr. Reuben Davis, whom I have always understood

to have taken the lead on the question of repudiation, with

President Jefferson Davis. I am not aware that the latter was

in any way identified with that question. I am very confident

that it was not agitated during his canvass for Governor, or

during his administration. The Union Bank bonds were issued in

direct violation of an express constitutional provision. There

is a wide difference between these bonds, and those of the

Planters' Bank, for the repudiation of which, neither excuse

nor palliation can be offered. I feel confident that Jefferson

Davis never approved or justified that repudiation. What may

have been his private opinions of the refusal to consider the

State of Mississippi bound to provide for the payment of the

Union Bank bonds, I do not know.

Yours truly,

'JOHN SLIDELL.'

It is due to the editor of the _Times_ here to state, that, in his money

article of the 23d March last, he refers to the controversy of that

press with Jefferson Davis on that question in 1849, and, as regards the

suggestion of Mr. Slidell, that it might have been Reuben Davis who was

the repudiator in 1849, instead of Jefferson Davis, the editor remarked,

'it is to be feared that the proof in the other direction is too

strong.' Indeed, the editor might well be astonished at the supposition

that Jefferson Davis, who subscribed the repudiation letter in question

of the 25th May, 1849, as well as a still stronger communication of the

29th August, 1849, should have been confounded, during a period of near

fourteen years, by the press of Europe and America, with Reuben Davis,

and that the supposed mistake should just now be discovered, especially

as Reuben Davis never was a Senator of the United States from

Mississippi, or from any other State.

I was asked if it really was Reuben or Jefferson Davis who was the

author of the letter in question advocating the repudiation of the Union

Bank bonds of Mississippi, their recollection being, that it was the

latter. I said that the repudiation letter in question of the 25th May,

1849, was subscribed and published at its date in the Washington

_Union_, by Jefferson Davis, as a Senator of the United States from

Mississippi, which position he then held, that he was personally well

known to me for nearly a fourth of a century, as was also Reuben Davis,

and that the latter never had been a Senator of the United States from

Mississippi, or any other State, as was well known to me, and would be

shown by reference to the Journals of the United States Senate. I

stated, that I had represented the State of Mississippi in the Senate of

the United States from January, 1836, until March, 1845, when, having

resigned that office, I was called to the Cabinet of President Polk, as

Secretary of the Treasury of the United States, and remained in that

position until the close of that administration in March, 1849. I added,

that I was in Washington City, the capital of the Union, and residing

there as a counsellor at law in the Supreme Court of the United States,

when the first repudiation letter of Jefferson Davis, communicated by

him to the editor of the _Union_ (a newspaper of that city), was

published, on the 25th May, 1849, in that print, and very generally

throughout the United States. It was remarked by me, that it was well

known to myself personally, and I believed to every prominent public man

of that date, especially those then in Washington, that Mr. Jefferson

Davis was the author of that letter then published over his signature,

and that he defended its doctrines, with all that earnestness and

ability for which he was so distinguished. I was also residing in

Washington, when Mr. Jefferson Davis published, over his signature, as a

Senator of the United States from Mississippi, his well-known second

repudiation letter, dated at his _residence_, 'Brierfield, Miss.,'

August 29, 1849. This letter was addressed to the editors of the

_Mississippian_, a newspaper published at Jackson, Mississippi, and was

received by me in due course of mail. This letter extended over several

columns, and was an elaborate defence of the repudiation of Mississippi.

This letter also was generally republished throughout the United States.

These views of Mr. Jefferson Davis attracted my most earnest attention,

because, after a brief interval, he was one of my successors in the

Senate of the United States, from Mississippi. I had always earnestly

opposed the doctrine of repudiation in Mississippi, and the Legislature

of 1840-'41, by which I was re-elected, passed resolutions by

overwhelming majorities (hereafter quoted), denouncing the repudiation

either of the Union Bank, or Planters' Bank bonds.

At the period of the conversations before referred to, late in April or

early in May last, I was, on this recital of the facts, strongly urged

to make them known in Europe, to which my consent was given.

After some investigation, however, the necessary documents fully to

elucidate the whole subject could not be obtained here. It was

necessary, therefore, to write home and procure them. This has been

done, and I now proceed to a narrative of these transactions from the

authentic historical public documents.

The first letter of Mr. Jefferson Davis before referred to, of the 25th

of May, 1849, was published by him as a Senator of the United States

from Mississippi, over his signature, in the _Union_, a newspaper

published at Washington City. That letter is in these words:

'DAILY UNION, WASHINGTON CITY, _May 25th, 1849_.

'_Statement furnished by Jefferson Davis,

Esq., Senator of the United States._

'The State of Mississippi has no other question with

bondholders than that of debt or no debt. When the United

States Bank of Pennsylvania purchased what are known as the

Union Bank bonds, it was within the power of any stock dealer

to learn that they had been issued in disregard of the

Constitution of the State whose faith they assumed to pledge.

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. To this the bondholders have been

invited; but conscious that they have no valid claim, have not

sought their remedy. Relying upon empty (because false)

denunciation, they have made it a point of honor to show what

can be shown by judicial investigation; i. e., that there being

no debt, there has been no default. The crocodile tears which

have been shed over ruined creditors, are on a par with the

baseless denunciations which have been heaped upon the State.

Those bonds were purchased by a bank then tottering to its

fall--purchased in violation of the charter of the bank, or

fraudulently, by concealing the transaction under the name of

an individual, as may best suit those concerned--purchased in

violation of the terms of the law under which the bonds were

issued, and in disregard of the Constitution of Mississippi, of

which the law was an infraction. To sustain the credit of that

rickety bank, the bonds were hypothecated abroad for interest

on loans which could not be met as they became due.

'A smaller amount is due for what are termed Planters' Bank

bonds of Mississippi. These evidences of debt, as well as the

coupons issued to cover accruing interest, are receivable for

State lands; and no one has a right to assume they will not be

provided for otherwise, by or before the date at which the

whole debt becomes due.

'JEFFERSON DAVIS.'

To this letter the London _Times_, in its money article, of the 13th

July, 1849, replied as follows:

'The case of Mississippi stands thus: In 1838 the State issued

bonds for five millions of dollars, to establish the Union

Bank. These bonds were dated June, 1838, bearing five per cent.

interest from date, and it was stipulated with the bank that

they should not be sold under their par value. On the 18th

August following, the bank sold all these bonds to the United

States Bank for five millions of dollars, payable in five equal

instalments in November, January, March, May, and July, but

without interest. The money was punctually paid to the

Mississippi Bank, and the Legislature of Mississippi, on the

terms of the sale being communicated to them, resolved, _'That

the sale of the bonds was highly advantageous to the State, and

in accordance with the injunctions of the charter, reflecting

the highest credit on the Commissioners, and bringing timely

aid to an embarrassed community.'_ In little more than two

years, however, the Mississippi Bank became totally insolvent,

having lost the entire five millions invested in it by the

State. Immediately on this having transpired, the Governor of

the State sent a message to the Legislature recommending them

to _repudiate_ (this was the first time the word was used)

their obligations, being founded on the plea, that as the bonds

were issued with interest payable from the date, and they had

been sold to the United States Bank for their nominal amount

only, the stipulation that they should not be disposed of below

their par value had been departed from. He further urged that

although the bonds had been sold ostensibly to Mr. Biddle, the

president of the United States Bank, the sale was actually to

the bank itself, which, by its charter, could not legally

purchase them. Hence, although Mississippi had received the

money for the bonds, it was thus proposed to refuse to repay

it, on the ground that the purchaser had no right to buy them.

The Legislature, however, was not quite prepared for this, and

accordingly, in responding to the Governor's message, they

resolved: '1st. That the State of Mississippi is bound to the

holders of the bonds of the State sold on account of the bank

for the amount of principal and interest. 2d. That the State of

Mississippi will pay her bonds, and preserve her faith

inviolate. 3d. That the insinuation that the State of

Mississippi would repudiate her bonds and violate her plighted

faith, is a calumny upon the justice, honor, and dignity of the

State.' But after this, the pecuniary condition of the State

became rapidly worse, and the disposition to pay diminished in

proportion. Accordingly a joint committee of the Legislature

appointed in 1842, reported that the State was not bound to pay

the bonds, advancing the reasons before mentioned, and also

another, namely, that the bonds had not been sanctioned in the

manner required by the Constitution, since, although the

provision that no loan should be raised, unless sanctioned by a

law passed through two successive Legislatures, had been

complied with, and the bonds had been legally authorized, the

act also prescribed certain conditions regarding the Bank of

Mississippi, which conditions had been altered by a subsequent

act, that had only passed through one Legislature.

'In addition to the five millions thus repudiated, Mississippi

owes two millions which she recognizes. It has always, however,

been a difference without distinction, since she pays no

dividends on either. From the period of repudiation up to the

present moment, all representations of the bondholders have

been treated with disregard. About a year and a half back,

however, one of the citizens of Mississippi, a Mr. Robbins,

admitted the moral liability of the State, and proposed that

the people should discharge it by voluntary contributions.

'The next step is the appearance of the letter from Mr.

Jefferson Davis, with whom we are now called upon to deal. This

statement, which was transmitted by him to the Washington

_Union_, in reply to our remarks of the 23d February last, runs

as follows.'

Here the _Times_ inserts Mr. Jefferson Davis's repudiation letter before

quoted.

'The assurance in this statement that the Planters' Bank, or

non-repudiated bonds, are receivable for State lands, requires

this addition, which Mr. Jefferson Davis has omitted, that they

are only so receivable upon lands being taken at three times

its current value. The affirmation afterward, that no one has a

right to assume that these bonds will not be fully provided for

before the date at which the principal falls due, is simply to

be met by the fact that portions of them fell due in 1841 and

1846, and that on these, as well as on all the rest, both

principal and interest remain wholly unpaid.

'Regarding the first part of the statement no comment could be

made which would not weaken its effect. Taking its principle

and its tone together, it is a doctrine which has never been

paralleled. Let it circulate throughout Europe, that a member

of the United States Senate in 1849, has openly proclaimed that

at a recent period the Governor and Legislative Assemblies of

his own State deliberately issued fraudulent bonds for five

millions of dollars to 'sustain the credit of a rickety bank;'

that the bonds in question, having been hypothecated abroad to

innocent holders, such holders had not only no claim against

the community by whose executive and representatives this act

was omitted, but that they are to be taunted for appealing to

the verdict of the civilized world, rather than to the judgment

of the legal officers of the State by whose functionaries they

have been already robbed; and that the ruin of toilworn men, of

women, of widows, and of children, and the 'crocodile tears'

which that ruin has occasioned, is a subject of jest on the

part of those by whom it has been accomplished; and then let it

be asked if any foreigner ever penned a libel on the American

character equal to that against the people of Mississippi by

their own Senator.'

To this reply of the London _Times_, which (except in portions of

Mississippi) was generally approved throughout the Union, Mr. Jefferson

Davis responded in a very long letter, dated from his residence,

Brierfield, Mississippi, August 29, 1849, addressed to the editors of

the _Mississippian_. He begins as follows:

'The London _Times_ of July 13, 1849, contains an article which

most unjustly and unfairly attacks the State of Mississippi and

myself, because of a statement I made in refutation of a

former calumny against her, which was published in the same

paper.'

This article of the London _Times_ Mr. Davis denounces as 'a

_foreigner's slander_ against the government, the judiciary, and people

of Mississippi;' 'very well for the high Tory paper as an attack upon

our republican government;' as 'untrue;' 'the hypocritical cant of

stockjobbers and _pensioned presses_' 'reckless of reputation;' 'hired

advocates of the _innocent_ stock dealers of London 'Change;' 'a

calumnious imputation.' These are pleasant epithets which Mr. Jefferson

Davis applied to the London _Times_ and the London 'Change. But Mr.

Jefferson Davis was very indignant, not only with London, but with all

England; for he says,

'With far more propriety might _repudiation_ be charged on the

_English Government_, for the reduction of interest on her

loans when she consolidated her debts; for the income tax,

which compels fundholders to return part of the interest they

receive on their evidences of public debt, for the support of

the Government which is their debtor.'

According, then, to Mr. Jefferson Davis, the London _Times_ and the

London 'Change are great reprobates, and it is not Mississippi, but 'THE

ENGLISH GOVERNMENT' which has repudiated their own public debt.

From such angry epithets and fierce denunciation, the reader will be

prepared to find very little argument in Mr. Jefferson Davis' second

letter. He denies that Mississippi received the money. But a bank, of

which she was the sole stockholder, and whose directory was all

appointed by her, received it. They received it also for her exclusive

benefit, for she, _as a State_, was to derive large profits on the stock

of the bank, which was hers exclusively, and was paid for entirely by

the proceeds of these bonds. Mississippi then, as a State, through her

agents appointed by her, received this money. All governments must act

through human agency, and the agency in this case, which received the

money, was appointed entirely by the State. But this is not all. The

Bank, which was exclusively a State bank, and based entirely on the

proceeds of these State bonds, with no other stockholders, was directed

by the charter to loan this money, the proceeds of these bonds, only to

'the citizens of the State,' sec. 46, and so the loans were made. The

State, then, through an agency appointed exclusively by itself, received

this money, the proceeds of the State bonds, and the State, through this

same agency, loaned this money to 'the citizens of the State,' who never

repaid the loans. The State then received the money and loaned it out to

its own citizens, who still hold it; and yet this money, obtained on the

solemn pledge of the faith of the State, her citizens still hold, and

the State repudiates her bonds on which the money was received, and Mr.

Jefferson Davis sustains, indorses, and eulogizes this proceeding. Never

was there a stronger case.

Mr. Jefferson Davis reiterates in this letter his arguments contained in

his previous communication of the 25th May, 1849, so fully answered by

the editors of the London _Times_ in their money article before quoted

of the 13th July, 1849. He elaborates, particularly, the legal position,

that the bonds were invalid, because he says not sanctioned by two

successive Legislatures as required by the Constitution of Mississippi.

This statement is erroneous, because the loan, in the precise form in

which the bonds were issued, was sanctioned by two successive

Legislatures in perfect conformity with the Constitution. This is shown,

as will be proved hereafter, by reference to the laws passed by the

State, and such was the decision on this very point by the highest

judicial tribunal of Mississippi, in 1842 and 1853. But let us suppose

that there was some technical legal informality as to the law, would

that justify the repudiation of these bonds? The Legislature had passed

laws in 1837 and 1838 authorizing the issue and sale of these bonds,

those acts had been all signed and approved by the Governor of the

State, the bonds had been signed by the Governor and Treasurer of the

State, the broad seal of the State had been affixed to them by the

Governor, they were placed in the hands of the authorities of the State

for sale, they were sold by them, and the full amount paid over to the

agency appointed by the State, and by that agency the money was loaned

to the 'citizens of the State' and still retained by them. When the sale

of these State bonds in August, 1838, together with all the facts and

documents, were placed by the Governor before the Legislature in 1839,

they ratified and highly approved the sale, as before quoted by the

_Times_, and again still more decidedly in 1841. And yet the State, on

the technical grounds stated by Mr. Davis, repudiated their bonds. It

was unconstitutional to return the money which they had borrowed and

used! Could anything be more absurd or dishonorable than this? The law

says, if a man borrows money without certain legal authentications, he

shall not be forced to repay; but if he receives and uses the money, and

then interposes such technical pleas, he is justly deemed infamous. He

has violated his honor. And is the honor of an individual more sacred

than that of a state or nation? State and national debts rest upon

faith, they repose upon honor, the obligation is sacred, and must be

fulfilled. It can never he illegal or unconstitutional to _pay a debt_,

where the money has been received by a state or a nation. And, where a

State, acting through its supreme Executive and Legislature, has issued

its bonds and affixed its seal, and they have passed into the hands of

_bona fide_ holders, the obligation must be fulfilled. For a state or

nation, having issued its bonds under its highest legislative and

executive sanction, to say, that their own functionaries mistook some of

the formalities of the law, and refuse payments, is a fraud upon the

_bona fide_ holders, and can never be sustained before the tribunal of

the world. But when, besides the Legislature and Executive of the State,

its highest judicial tribunals have declared the bonds perfectly

constitutional and valid, and to have been sold in accordance with the

terms of the law, for such repudiation of such bonds it is difficult to

find any language sufficiently strong to mark the infamy of such a

transaction.

If indeed the formalities of the Constitution had not been complied

with, and this were not a mere pretext, how easy would it have been to

have passed a new act in conformity with the constitutional formalities,

assuming the debt, or providing for the issue of new bonds to be

delivered to the holders on the return of those alleged to be informal.

But the truth is, this alleged unconstitutionality was a mere pretext

for repudiating a just debt: it never occurred to the Legislatures which

passed these laws in 1837 and 1838, or to the Governor, who signed them,

and was rejected by the Legislature in 1839, and again, in the most

solemn form, in 1841.

And now let me trace the history of this transaction chronologically.

The original act chartering the bank, with the 5th section authorizing

the loan, was passed by the Legislature January 21st, 1837, and again,

in strict compliance with the provisions of the Constitution, reenacted

in the same words on the 5th of February, 1838. Now the bonds issued are

in strict conformity with this law, and an exact copy of the form of the

bonds prescribed by the law. If then, the supplemental act of the 15th

February, 1838, was unconstitutional, null, and void, as contended by

the repudiators, then the whole original act remained in full force, and

the bonds were valid under that law, and such was the unanimous decision

of the High Court of Errors and Appeals of Mississippi, as will be shown

hereafter. It was contended before the court (and by Mr. Davis in his

last letter) that, under the original law, certain acts were to be

performed before the bonds could issue. But here again, it is plain on

the face of the law, and so the High Court of Errors and Appeals of

Mississippi unanimously decided, that these acts were not required to be

performed as _conditions precedent_ to the issue of the bonds, and that

the issue and sale of the bonds were perfectly valid before these acts

had been performed. The bonds then are in exact conformity with a law,

which was passed by two successive Legislatures, precisely as provided

by the Constitution.

In 1836 there was a great pecuniary embarrassment in Mississippi,

attributed by many to what was called the _specie circular_, and soon

followed a suspension of the banks. Under these circumstances there was

an almost universal demand in Mississippi for relief measures. As a

consequence, the attention of the Legislature was absorbed almost

exclusively in the consideration of remedies for the existing

embarrassments. The result was the enactment, on the 21st January, 1837,

of the law, creating the Union Bank of Mississippi. This bank was based

upon loans to be obtained upon bonds of the State, the proceeds of

which, when sold, were to constitute the capital of the bank, which

money, by the terms of the charter, was to be loaned to the '_citizens

of the State_,' to relieve the existing embarrassments.

The fifth section of the act was the only one in which any authority was

given for a loan by the State, and any power to pledge its faith. That

section, entire, was as follows:

'That, in order to facilitate the said Union Bank for the said

loan of fifteen millions five hundred thousand dollars, the

faith of this State be, and is hereby pledged, both for the

security of the capital and interest, and that 7,500 bonds of

$1,000 each, to wit: 1,875 payable in twelve years; 1,875 in

fifteen years; 1,875 in eighteen years; and 1,875 in twenty

years, and bearing interest at the rate of five per cent. per

annum, shall be signed by the Governor of the State to the

order of the Mississippi Bank, countersigned by the State

Treasurer, and under the seal of the State; said bonds to be in

the following words, viz.:

'$2,000. Know all men by these presents, that the State of

Mississippi _acknowledges to be indebted_ to the Mississippi

Union Bank in the sum of two thousand dollars, which sum the

said State of Mississippi _promises to pay_ in current money of

the United States to the order of the President, Directors, and

Company in the ---- year ----with interest at the rate of five

per cent. per annum, payable half yearly, at the place named in

the indorsement hereto, viz.: ---- on the ---- of every year

until the payment of the said principal sum: in testimony

whereof the Governor of the State of Mississippi has signed,

and the Treasurer of the State has countersigned these

presents, and caused the seal of the State to be affixed

thereto, at Jackson, this ---- in the ---- year of our Lord.

'_Governor._

'_Treasurer._'

The whole act, of which this section was a part, was passed by the

Legislature and approved by the Governor in 1837, and the entire section

as to the loan as required by the provision of the Constitution of the

State, was referred to the action of the next succeeding Legislature.

That succeeding Legislature was chosen in November, 1837, and assembled,

at its regular session, in January, 1838. After full discussion in both

houses, this act of 1837 was passed by large majorities in both branches

of the Legislature, and approved by the new Governor, A. G. McNutt, on

the 5th of February, 1838. The act of 1837, including the 5th section,

before quoted, was thus reenacted by the succeeding Legislature, without

any change whatever. There was then a full, complete, and undisputed

compliance with the requirements of the Constitution, and, under this

act, thus sanctioned by two successive Legislatures, it is conceded that

the faith of the State was pledged, and that the bonds might be issued

and sold. But it is contended by Mr. Jefferson Davis in his first, as

well as his second letter, before quoted, that the bonds are invalid,

because of the supplemental act of the 15th of February, 1838. Now, it

will be observed, that no change whatever was made by this supplemental

act, in this 5th section of the original act, before quoted, by which

alone the faith of the State was pledged for the payment of these bonds,

and which section alone, as required by the Constitution, had been

referred to the action of the succeeding Legislature. No change whatever

was made by the supplemental act in that section of the original act,

the bonds were issued and sold in precise conformity with its

provisions, and, indeed, these bonds, thus actually issued and sold, are

a precise and literal copy of the form of the bonds as given in the

original act, as before quoted. The supplemental act changed only some

of the '_details_' of the charter of the Bank, but made no alteration

whatever in the 5th section. This supplemental act, which is now

denounced by Jefferson Davis as unconstitutional, was passed, after the

fullest investigation of this question, as to the power of the

Legislature, with favorable reports as to the constitutional power by

the joint Committee of both Houses. The Committee reported to the

Senate, that, by a 'supplemental bill' 'it is competent for this

Legislature to alter and amend the details of the bill, incorporating

the subscribers to the Mississippi Union Bank, passed at the last

session of the Legislature of this State.' (Senate Journal, 103.)

The report of the Committee to the House was as follows: 'The said

Committee are of the opinion, that it is within the province of the

Legislature to amend or change the details of the said Mississippi Union

Bank Charter,' &c. (House Journal, p. 117.) Such was the opinion of the

joint Committee of both Houses of the Legislature, which reported this

supplemental act, which act was passed by the vote of 22 to 3 in the

Senate (Journal, 320), and 55 to 22 in the House. (Journal, 329-30.) It

would appear, then, that in the opinion of an overwhelming majority of

both branches of the Legislature of Mississippi, the supplemental act

was constitutional; and the act was approved by A. G. McNutt, the

Governor of the State, and thus became a law on the 15th of February,

1838. Indeed, the idea that a subsequent Legislature could change none

of the details of a bank charter, because there was embodied in the act

a separate and distinct section authorizing a loan of money by the

State, seemed to me never to rise to the dignity of a question. Such, we

have seen, was the view of the Legislatures of 1838, 1839, and 1841, and

such was the unanimous decision, hereafter quoted, of the Chancellor and

Circuit Judge of Mississippi, and of the supreme judicial tribunal, the

High Court of Errors and Appeals of the State, in two decisions, on this

very point, and in favor of the constitutionality of this law. One of

these decisions was made in January, 1842, and the other in April, 1853.

These decisions were conclusive against the State, and binding upon the

Legislature, the Governor, and the people, for the following reasons.

The Constitution of the State of Mississippi contains the following

clause:

'ARTICLE II. _Distribution of Powers._

'Sec. 1. The powers of the Government of the State of

Mississippi shall be divided into three distinct departments,

and each of them confided to a separate body of magistracy; to

wit, those which are legislative to one, those which are

judicial to another, and those which are executive to another.

'Sec. 2. No person or collection of persons, being of one of

these departments, shall exercise any power properly belonging

to either of the others, except in the instances hereinafter

expressly directed or permitted.'

It is not pretended that any exception was made for this case. The

contrary has always been held by the courts of Mississippi. Indeed, as

late as October term, 1858, this very question was decided by the High

Court of Errors and Appeals of Mississippi, when it was ruled by the

court that 'the Legislature may not, therefore, exercise powers which in

their nature are judicial.' (Isom. _v._ Missis. R. R. Co., 7 George

314.)

In the 9th section of the 7th article of the Constitution of Mississippi

is found the provision on which Mr. Jefferson Davis relies requiring the

assent of two successive Legislatures to pledge the faith of the State.

Immediately succeeding this provision is the following: 'The Legislature

_shall direct_ by law in what courts suits may be brought against the

State.'

These two consecutive sections of the _same article_ of the

Constitution, being in _pari materia_, are to be construed together.

Indeed, it is a well known historical fact, that this 9th section, as

regards the pledge of the faith of the State, which is now perverted to

a wholly different purpose, was intended to give greater solemnity and a

higher credit to the bonds of the State, as was likewise the provision

in the same Constitution of 1832, sanctioning by name the Planters' Bank

bonds of the State (now unpaid), in consequence of which, they were sold

at a premium of thirteen and a half per cent. In pursuance of the

provision of the Constitution before quoted, the Legislature of

Mississippi, in 1833, passed an act, designating the Court of Chancery

as the one in which suits might be brought against the State, with the

right of appeal by either party to the High Court of Errors and Appeals.

That act was passed in 1833, in pursuance of this _mandatory_ provision

of the Constitution before quoted. That act provided, that, if the

decree of the court should be against the State, the Governor _shall

issue_ his mandate to the Auditor to draw on the Treasurer to pay the

decree, but 'no execution whatever shall ever issue on any decree in

chancery against the State of Mississippi, whereby the State may be

dispossessed of lands, tenements, goods and chattels.' (Howard's Dig.

523, 524.)

Here, then, are the two consecutive provisions of the Constitution in

_pari materia_, the one designating the mode by which the bonds of the

State might be issued, and the other the judicial tribunals in which all

disputes as to such bonds might be _definitively_ settled, and payment

made, if the decree were against the State. That Constitution vested the

_whole judicial power of the State_ in the courts, it vested nothing but

'legislative power' in the Legislature, and it prohibited the

Legislature and Executive from exercising judicial power; it adopted the

great fundamental principle of constitutional government, separating the

executive, legislative, and judicial power. Indeed, it is the great

doctrine of American law, that the concentration of any of these two

powers, in any one body or functionary, is dangerous to liberty, and

that the _consolidation_ of all of these powers creates a despotism. The

interpretation of a law, and particularly of a constitution, which is

made the 'supreme law,' the _lex legum_, has uniformly been regarded as

exclusively a judicial, and not an executive or legislative function. In

this case, however, it has been made clear by an express provision of

the Constitution separating these functions, and designating, under its

mandate, the _courts_ in which _suits_ shall be brought against the

State, and the form of the decree to be rendered, and requiring payment

to be at once made. A suit is a judicial act, and so is the decree of a

court. Well, then, the highest judicial tribunals of Mississippi have

twice decided this question; they have declared this supplemental act

constitutional, these bonds valid, and the sale of them to be in

conformity with the law; and, in a suit on one of these very bonds,

after the fullest argument, the court entered a decree of payment,

overruling every point made by Jefferson Davis; and yet the State still

repudiates, as well after the first decision in 1842, as the second in

1853. It is difficult to imagine a more palpable infraction of the

Constitution, or a clearer violation of every principle of justice than

this.

The State prescribes certain forms under which her bonds may issue; she

adds to this, in the very _next section_, a provision _commanding_ the

Legislature to designate the judicial tribunals in which suit may be

brought on such bonds against the State; those tribunals are designated

by the Legislature, namely, the Court of Chancery, with appeal to the

High Court of Errors and Appeals of the State; both those tribunals

(including the Chancellor) have unanimously decided against the State,

and a decree is entered for payment of the bonds. And yet the State

persists in repudiation, and Jefferson Davis defends her course. When

the High Court of Errors and Appeals of Mississippi first decided this

question, it was composed of Chief Justice Sharkey, and Justices Turner

and Trotter (one of the framers of the Constitution). When, again, in

1851, suit was brought against the State on one of these repudiated

Union Bank bonds, and a decree for its payment rendered by the

Chancellor, that decree, on full argument on appeal, was unanimously

confirmed by the highest judicial tribunal of the State, composed

entirely of different judges, namely, Chief Justice Smith, and Justices

Yerger and Fisher. Here, then, are eight judges, all chosen by the

people of Mississippi, concurring in 1842, as well as in 1853, as to the

validity of these bonds; and yet Jefferson Davis justifies their

repudiation. The judges of Mississippi all take an oath to support the

Constitution, and it is made their duty to interpret it, and especially

this very clause: the Legislature is confined to law making, and

forbidden to exercise any judicial power; the expounding this

supplemental law, and the provisions under which it was enacted, is

exclusively a judicial power, and yet the Legislature _usurps_ this

power, repudiates the bonds of the State, and the acts of three

preceding Legislatures, and the decision of the highest tribunals of the

State: Jefferson Davis sustains this repudiation, and the British public

are asked to take new Confederate bonds, issued by the same Jefferson

Davis, and thus to sanction, and encourage, and offer a premium for

repudiation. These so-called Confederate bonds are issued in open

violation of the Constitution of the United States; they are absolute

nullities, they are tainted with treason, they never can or will be

paid, and yet they are to be thrust on the British public under the

sanction of the same great repudiator, Jefferson Davis, who applauds the

non-payment of the Mississippi bonds, and thus condemns hundreds of

innocent holders, including widows and orphans, to want and misery. Talk

about _faith_, about _honor_, about _justice_, and the _sanctity of

contracts_. Why, if such flagrant outrages, such atrocious crimes, can

be sustained by the great public of any nation, small indeed must be the

value of their bonds, which rests exclusively on good faith.

Suppose some astute lawyer could find some informality in the law

authorizing the issue and sale of the bonds representing the British

consols; would any member of either House propose in Parliament to

repudiate such bonds, and would not such a motion cause his immediate

expulsion? Yet, this is what the Legislature of Mississippi has done,

what Jefferson Davis approves and applauds, and what, _he says_, the

'English Government' _has done_.

The London _Times_ has heretofore quoted the proceedings of the

Legislature of Mississippi in 1839, approving the sale of these bonds

and eulogizing the transaction. It has also referred to the Message of

Governor McNutt, of 1841, nearly three years after the sale of the

bonds, first recommending their repudiation, and to the resolutions of

the Legislature of Mississippi of that date, affirming the legality of

these bonds and the duty of the State to pay them. As these resolutions

are of great importance, and ought to have closed the whole controversy,

I will state, what is shown by the Journals of the Senate and the House,

that they passed both Houses, in great part _unanimously_, and for the

remainder, by large majorities. (Sen. Jour. p. 312; House Jour. pp.

416-417, 249, 324-329.)

The objections made by Governor McNutt in 1841, were as follows:

'1st. The Bank of the United States is prohibited by its

charter from purchasing such stock, either directly or

indirectly.

'2d. It was fraudulent on the part of the bank, inasmuch as the

contract was made in the name of an individual, when, in fact,

it was for the benefit of the bank, and payment was made with

its funds.

'3d. The sale was illegal, inasmuch as the bonds were sold on a

credit.

'4th. Interest to the amount of about $170,000 having accrued

on those bonds before the purchase money was stipulated to be

all paid, the bonds were, in fact, sold at less than their par

value, in direct violation of the charter of the bank.' (House

Journal, p. 25).

It will here be remarked, that the great objection now urged by

Jefferson Davis against these bonds, namely, that the act under which

they were alleged to have been issued was unconstitutional, is _not

enumerated_ by Governor McNutt. Surely if such an objection existed to

the payment of the bonds, it must have found a place in this celebrated

message. Is not this conclusive proof that this constitutional objection

was a mere afterthought and pretext of Jefferson Davis and his associate

repudiators?

Let us examine the Governor's objections. As to the 1st and 2d--the bank

did not make the purchase; the contract was made by an individual,

although the performance was guaranteed by the bank. As this is a mere

technical objection, surely the Bank guarantee, even if void, could not

affect the contract itself. 2d. The purchase, even if made by the bank,

was not of _stock_, but a _loan_ made upon _bonds_. 3d. The right of the

bank to make the purchase is immaterial, if the money was paid, as in

this case, the bonds received, payable to bearer, and passed for value,

into the hands of _bona fide_ holders. What an objection to the

refunding the money--that, although it was received, the purchaser of

the bonds had no right to buy them, and therefore the _bona fide_

holders should lose the money. It might have been in violation of its

charter for the bank to purchase the bonds, but it was '_fraudulent_,'

when the money was received by the State, to retain it, on the

allegation, that the bank could not legally make the purchase,

especially when the bonds, in the mean time, had passed into the hands

of _bona fide_ holders. As to the 3d objection--as the money was paid

before the objection was made, and the Union Bank authorized to draw _at

once_ for the amount, at a point beyond the limits of the State, which

it did do, and realized a large premium on the exchange, and profit on

the transaction, the objection is as unfounded in law as it is in morals

or good faith; especially as the bonds were payable to bearer, upon

their face, in exact conformity to the law, and had passed, for value,

into the hands of _bona fide_ holders. Besides, there was no such

restriction in the charter. The only restriction in the supplement was,

that they should not be sold _below par_. Suppose the bonds for five

millions of dollars had been sold for five millions and a half, payable

in sixty days, and the money paid at the time, it is equally absurd and

fraudulent to contend, that for such a reason, the whole money could be

retained, and bonds repudiated. As to the 4th objection, the original

5th section which passed two successive Legislatures, did not require

that the bonds should not be sold for 'less than their par value.' If,

then, as contended by Jefferson Davis, the supplemental act containing

this provision, was unconstitutional, null and void, then no such

restriction existed, and the sale was valid under the original act. But

the truth is, the bonds were not sold _below par_, but _above par_, as

shown by the High Court of Errors and Appeals of Mississippi, in the

decision hereafter quoted by me. Indeed, all these four objections of

the Governor, as well as those of Jefferson Davis, are shown in that

decision to be as unfounded in fact, as they were in law or morals.

But suppose the bonds were sold below par, that is, that the State had

lost $170,000, or less than four per cent., on bonds for five millions

of dollars. Was that a just or valid ground for repudiating the whole,

principal and interest? The plea of _usury_ is always disgraceful, even

if true, especially where the security was negotiable to bearer and had

passed, for full value, into the hands of _bona fide_ holders. But if

such a plea is disgraceful to individuals, what shall be said when it is

made on behalf of a State? And what shall be thought of those who make

such an objection? What of a Governor, or of a United States Senator,

who urges such objections on behalf of a State? Do we not feel as if the

State were some miserable culprit on trial, and some pettifogging lawyer

was endeavoring to screen him from punishment, by picking a flaw in the

indictment. Yet such are the pleas on behalf of a State, urged by

Governor McNutt and Senator Jefferson Davis. On reference to the letter

before referred to, of Jefferson Davis, it will be found that he does

not confine himself to the constitutional objections. In his first

letter, before quoted, of 25th May, 1849, Mr. Jefferson Davis says,

'Those bonds were purchased by a bank then tottering to its

fall--purchased in violation of the charter of the bank, or

fraudulently, by concealing the transaction under the name of an

individual, as may best suit those concerned, purchased in violation of

the terms of the law under which the bonds were issued, and in disregard

of the Constitution of Mississippi, of which the law was an infraction.'

These positions are deliberately repeated by Jefferson Davis, in his

second letter, before referred to, of the 29th August, 1849. That is,

the State should pay _none_ of the money received, because the

purchaser, as alleged, had no right to buy the bonds--and because the

sale was, as erroneously stated, an infraction of the law, that is

_usurious_, or a sale below par. He insists the money was not received

by the State, because, he says, 'Mississippi had no bank, and could not

have a bank of issue, because forbidden by the tenth section of the

first article of the United States Constitution--'no State shall emit

bills of credit.'' Surely Mr. Davis must have known, that in the case of

the Bank of Kentucky, a State bank of issue owned exclusively by the

State, it was decided by the Supreme Court of the United States, that

such a bank was constitutional, and no politician of the secession

school can object to that decision. (2 Peters 257.) But however this

might be, what kind of a plea is this? Why, if, as alleged by Mr. Davis,

Mississippi had violated the Federal Constitution, by establishing a

bank of circulation, that therefore the _bonds_ of the State should be

repudiated. Is it not incredible that a Senator should assume such a

position on behalf of his State? But, if this be sound, it clearly

follows, that, inasmuch as the Confederate bonds are issued in plain

violation of the Constitution of the United States, those bonds should

be repudiated; so also if they were sold below par, or if there be any

other technical objection. Nor will it avail that the bonds may have

passed into the hands of _bona fide_ holders, for, Mr. Jefferson Davis

says, in his letter of the 29th August, 1849, 'If the bonds have passed

into the hands of innocent holders, the fact does not vary the legal

question, as the purchaser could not acquire more than the seller had to

dispose of.' And again, he says, referring to the alleged inability of

the first purchaser to buy the bonds, 'The claim of foreign holders is

as good, but no better, than that of the first purchaser.' It is

difficult to say which is most astounding, the law or the morals of this

position. At all events, 'the foreign holders' of Confederate bonds are

informed by Jefferson Davis, that this is the law. Indeed it is a

singular coincidence, that one of the objections made to the payment of

the Union Bank bonds by the Governor, was, as he alleged, 'the monstrous

assumption of power on the part of the bank, in seeking to monopolize

the _cotton crop_ of the State, and becoming a _factor_ and _shipper_ of

our great staple.' (Senate Journals, 29.) Why, this is what is being

attempted by these Confederate cotton bonds, although the State-rights

strict constructionists of slavedom would in vain look for any clause in

their so-called constitution, authorizing any such transactions in

cotton. And here, let me say, that the objection of a Senator from

Mississippi to the payment of her bonds, that, in issuing them, her

Governor and Legislature had violated _their own Constitution_, proposes

to cure one fraud, by committing another far more stupendous. The bonds

were issued by the highest legislative and executive functionaries of

the State, the broad seal of the State attached, the bonds sold, and the

money received. In such a case, there is a legal, as well as a moral

estoppel, forbidding such a plea, for, by the English, as well as by the

American doctrine, an estoppel excludes the truth, whenever such proof

would enable the party, who obtained money on false pretences, to commit

a fraud on third persons, by disproving his own averment. This is not a

mere technical rule, but one which is based upon experience, and

sustained by the most exalted morality.

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:

'The second plea is, in substance, that the act supplemental to

the charter of the Union Bank, was not agreed to by a majority

of each House of the Legislature, and entered on the journals

with the yeas and nays, and referred to the next succeeding

Legislature, after publication in the newspapers, according to

the provisions of the 9th section of the 7th article of the

Constitution; but the said supplemental act made material

alterations in the original act, and was only passed by one

Legislature, and that no loan of money can be made on the faith

of the State without the assent of two Legislatures, given in

the manner prescribed by the Constitution.'--'I shall then

proceed to notice the constitutional provision, and to inquire,

by an application of it to the bank charter, whether the

position can be sustained. The 9th section of the 7th article

(of the Constitution) is in these words: 'No law shall ever be

passed to raise a loan of money on the credit of the State, for

the payment or redemption of any loan or debt, unless such law

be proposed in the Senate or House of Representatives, and be

agreed to by a majority of the members of each House, and

entered on their journals, with the yeas and nays taken

thereon, and be referred to the next succeeding Legislature,

and published for three months previous to the next regular

election, in three newspapers of the State, and unless a

majority of each branch of the Legislature, so elected after

such publication, shall agree to pass such law, and in such

case, the yeas and nays shall be taken, and entered on the

journals of each House.'

'The 5th section of the original act provides--'That in order

to facilitate the said Union Bank for the said loan of fifteen

million five hundred thousand dollars, the faith of this State

be and is hereby pledged, both for the security of the capital

and interest,' &c. It appears that the original charter in

which this provision is contained, was passed in accordance

with the provision in the Constitution. The supplemental act

makes no alteration whatever in regard to this section. It

changes in some respects the mere details of the original

charter, in the mode of carrying the corporation into

successful operation, and authorizes the Governor to subscribe

for the stock on the part of the State. The object of the

pledge is not changed; on the contrary, the supplemental act

was passed in aid of the original design. In applying the

constitutional test to the 5th section, I am not able to

perceive any reason which to me seems sufficient to justify the

conclusion that it is unconstitutional.'

'The plea presents no bar to the action.'

Justices Turner and Trotter concurred.

Mr. Howard, the distinguished State reporter, gives, in the heading of

the case, the following as the decision of the court. 'The act

supplemental to the charter of the Union Bank, being in aid of the

charter, and changing the same only in some of the mere details, is a

constitutional act.'

Surely this decision should have settled the question. But it did not.

The Governor, A. G. McNutt, who had signed the laws authorizing these

bonds, and the bonds themselves, anticipating the decision of the court

(as he indicates in his message) in favor of 'the holders of certain

bonds heretofore issued to the Planters' and Union Bank,' recommends the

Legislature, in his message of January, 1842, to create a 'revenue

court,' the judge of which shall be appointed 'by the Executive or

Legislature,' to which such cases should be transferred. (Sen. Jour. p.

22.) Thus the case, on the bonds, was to be taken from the high tribunal

(where it was then pending) created by the Constitution, and chosen by

the people, and transferred to a revenue judge to be appointed by the

repudiating Governor and Legislature of 1842, of course a mere executive

parasite, or legislative minion, placed on the bench to repudiate the

bonds. Fortunately, such an appointment was forbidden expressly by the

Constitution, and would have been disregarded by the court; so this

attempted usurpation failed.

The Governor says in that message:

'It never was intended by the framers of the Constitution, that

every public creditor should be permitted to harass the State

at pleasure by vexatious suits. Neither the judgment of a court

nor the decree of the Chancellor _can be obligatory on the

Legislature_,' &c. (P. 17.)

In conformity with this recommendation of the Governor, the Legislature

passed a series of resolutions declaring that 'the Legislature is the

exclusive judge of the objects for which money shall be raised and

appropriated by its authority,' &c.; that the Legislature has no right

to 'levy or appropriate money for the purpose of executing the object of

a law, by them deemed repugnant to, or unauthorized by the

Constitution;' that the 'Supplemental (Union Bank) Bill is

unconstitutional;' that 'the bonds delivered by said bank, and by it

sold to Nicholas Biddle on the 18th August, 1838, are not binding upon

the State,' &c. (Acts of 1842, ch. 127.) But, unfortunately for these

positions, the Constitution of the State had deprived the Legislature of

all 'judicial power;' it had vested this power exclusively in 'the

courts;' it had, in the very case of all bonds of the State, required

and commanded the Legislature to designate the _courts_ in which such

cases should be decided; it had, by the act of 1833, passed in obedience

to the imperative mandate of the Constitution, referred all such cases

to the decision of the Court of Chancery, with appeal to the High Court

of Errors and Appeals; it had made their decision conclusive; it had

already appropriated the money, to pay _all such decrees_, and made it

the _duty_ of the Governor to command the Auditor to draw his warrant on

the Treasurer for payment: this was the constitution of the law when

these bonds were issued and sold in 1838--such was the _contract_ of the

State, in regard to which the Federal Constitution declares, 'no State

shall pass any law impairing the obligation of contracts'--which clause

has been uniformly held by all the Federal as well as State Courts, to

apply to contracts of a State--and yet, in flagrant defiance of the

highest duties and the most sacred obligations, the Legislature passed

these resolutions, to nullify the anticipated decisions of the court. We

have seen, however, that this executive and legislative usurpation

was ineffectual. The court stood firm, not a single judge

wavered, and, by a unanimous decree, reversed the legislative and

executive repudiation--vindicated the majesty of the law and the

Constitution--upheld the sacred cause of truth and justice--resisted the

popular frenzy, and defied the unprincipled demagogues by whom the

people of the State had been deceived and deluded. It was a noble

spectacle, when those three upright and fearless Judges, Sharkey,

Turner, and Trotter, entered the temple of justice, and declared to the

people, by whose ballots they were chosen, that the State was bound to

pay these bonds, and decreed accordingly. The same sublime scene was

reenacted by a similar decree, in a suit against the State, on one of

these bonds, by the same court, in 1853, then composed of different

judges--Smith, Yerger, and Fisher. And not one judge or chancellor of

the State ever wavered. Amid all this heaven-daring iniquity, thank

God! the judicial ermine was unstained. Whilst constrained to denounce

the repudiating Legislature, Governor, and _Senator_ of Mississippi, let

me point to another green spot amid the moral waste and desolation of

that dreadful period.

With scarcely an exception, the _Bar of Mississippi_ was true to the

cause of honor, law, and justice. They knew the objections of McNutt and

Davis were wretched pretexts, and they vindicated the reputation of that

noble profession, which, in all ages, has been the champion of

constitutional liberty. They were men of the same stamp as their

illustrious English ancestry, Hampden, Sidney, and Russell, whose names

cover the map of my country, and whose deeds have exalted the character

of man; and although the blood of our anti-repudiating heroes did not

flow like that of the British martyrs, as a sacrificial offering on the

altar of freedom, they sacrificed ease, and affluence, and ambition, and

political preferment, and endured obloquy and reproach. I rejoice in the

recollection, that, during this contest they should have selected a

sentence from my address against repudiation, and placed it on their

banners, and at the head of their presses, in these words: 'The honor of

the nation and of every State is the birthright of every American--it is

the stainless and priceless jewel of popular sovereignty--it has been

preserved unsullied, in all times that are past, through every sacrifice

of blood and treasure, and it must be maintained.' Ay! and it will yet

be maintained. The time will come, when repudiation will be repudiated

by Mississippi--when her wretched secession leaders, the true authors of

her disgrace and ruin, will be discarded--when her insolent slaveholding

oligarchy will be overthrown, when the people will break the chains of

their imperious masters, and labor, without regard to color, will be

emancipated. _Secession_, _repudiation_, and _slavery_ are the same in

principle and had the same leaders. Jefferson Davis carried the

repudiation banner in 1849, as he now does that of secession and

slavery. Secession is a repudiation of law, of constitution, of country,

of the flag of our forefathers, and of the Union purchased by their

blood. Driven at home within a circle of fire, which narrows every day,

it is crouching before foreign rulers, and imploring their aid to

accomplish the ruin of our country. It appeals to their ambition, their

avarice, their fears, their hatred of free institutions and of

constitutional government. It summons them to these English shores, it

unsheathes the imperial sceptre in the House of Commons, denounces the

Ministry of England, and dictates the vote of Parliament on the most

momentous question in the history of the world. Why, when these

sentiments were uttered, I almost expected to see the shades of Burke

and Fox, and Pitt and Chatham, and Peel and Wellington, rise in the

midst and denounce the degenerate bearer of such a message. What! the

British Commons become the supple tools, the obsequious minions, the

obedient parasites, to do the bidding of a foreign master, and tremble

when his envoy should stamp his foot and wave the imperial banner in the

halls of Parliament. From whom was this message, and to whom? Was it to

the England of Trafalgar and the Nile? Was it to the descendants of the

men who conquered at Agincourt and Cressy, and changed for ages at

Waterloo the destiny of the world? Why, Nelson would speak from his

monument, and the Iron Duke from his equestrian statue, and forbid the

degradation of their country. But there stood the Confederate messenger,

delivering the mandate of a foreign power to the House of Commons,

describing England as a crawling reptile, exalting the Government he

professed to represent, as controlling the Continent, and fearing lest

the Imperial Eagle alone should swoop down upon his prey. And such

language, such sentiments! Was I in Billingsgate, that ancient and

illustrious institution, so near the House of Parliament? Why, the whole

code of morals and of international law was repudiated in a sentence,

and our demagogues distanced in the race. Did the envoy echo the voice

of his master, when he announced that the American Union must be

dissolved by foreign intervention, because, if reunited, it would be too

strong, and bully the world--therefore France and England combined must

strike us when we were supposed to be weak and divided. It is not the

author of such atrocious and dastard sentiments that would lead the

banner of France or of England anywhere except to humiliation and

disgrace. 'Non talis auxilii, nec defensoribus ipsis.' No, when England

seeks leaders, it will not be the sycophants of power, those who worship

alternately democracy and autocracy, who slaver over despotism one day

with their venom, and the next with their still more loathsome

adulation.

But there was a change. The Ministry, and one of an order supposed to be

our most deadly foes, spoke. There were some opinions as to the results

in which no American could concur--there was deep devotion to

England--but there was also the voice of reason, of justice, of

international law: it was not so cosmopolitan as I expected, but the

argument of felon force and robber violence was discarded. The scholar,

the statesman, the gentleman, the philanthropist addressed the English

Commons. Yes, and the nobility of nature also spoke, one who could rise

above the reputed prejudices of his order, and do justice to a kindred

race of simple republicans, though they may know neither diadems nor

coronets. Such examples exalt and dignify the character of man. They

teach us republicans a useful lesson--that those who differ from us as

to some of the forms of government, may most sincerely support that

system which in their judgment will best promote the welfare and

happiness of the people. That indeed is the only question. Let England

and America work out the problem in peaceful and friendly rivalry. Time

and experience will decide the question. If, when slavery is

extinguished in our Union, and the only aggressive element of our system

is extirpated, we should run a grand and peaceful career of honor and

glory and prosperity, we will want no other argument than the results.

The blasphemous doctrine of the divine rights of kings was discarded by

England in the revolution of 1688. The British throne reposes now on the

alleged basis of the welfare and happiness of the people. What form of

government will best promote that end--this is the only question. I

believe it is ours--but only with slavery extinguished, and universal

education--schools--_schools_--SCHOOLS--common schools--_high schools_

for all. Education the criterion of the right of suffrage, not property.

I do not believe in a government of ignorance, whether by the many or

the few. With the constant and terrible opposing element of slavery, we

have certainly achieved stupendous results in three fourths of a

century, and to say that our system has failed, because slavery now

makes war upon it, is amazing folly. Why predict, that, when reunited,

and with slavery extinguished, we would _bully the world_. Who were our

bullies? Who struck down Charles Sumner, the Senator of Massachusetts,

the eminent scholar and orator, on the floor of the Senate, for

denouncing the horrors of slavery? A South Carolinian, whilst all

slavedom approved the deed. Who endeavored to force slavery on Kansas by

murder and rapine, and the forgery of a constitution? Who repealed the

Missouri Compromise, in order to force slavery upon all the Territories

of the United States? Who are endeavoring now to dissolve the Union, and

spread slavery over all this wide domain? There is a plain answer to

all these questions. It is the lords of the whip and the chain and the

branding iron, who are our bullies--who insist upon forced labor, and

repudiate all compensation to the toiling millions of slaves--who

repudiate, among slaves, the marital and parental relation, and class

them by law as chattels--who forbid emancipation--who make it a crime to

teach slaves to read or write--ay, even the Bible--who keep open the

interstate slave-trade (more horrible than the African, making Virginia

a human stock farm), tearing husband from wife, and parents from

children--founding a government boldly announcing the doctrine of

_property_ in man, based avowedly on the divinity, extension, and

perpetuity of slavery--these are our bullies; and when they are

overthrown, we shall commence a new career of peaceful progress and

advanced civilization. And why sow the seeds of international hatred

between England and America? Is war really desired between the two

countries, or is it supposed that we will yield to foreign intervention

without a struggle? No, the North will rise up as one man, and thousands

even from the South will join them. The country will become a camp, and

the ocean will swarm with our privateers. Rather than submit to

dismemberment or secession, which is anarchy and ruin, we will, we must

fight, until the last man has fallen. The Almighty can never prosper

such a war upon us. If the views of a foreign power have been truly

represented in Parliament, and such an aggression upon us is

contemplated, let him beware, for in such a contest, the political

pyramid resting upon its apex, the power of one man, is much more likely

to fall, than that which reposes on the broad basis of the will of the

people.

Returning from this episode, I resume the narrative.

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.

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.

'The bonds might have been legally issued to the bank, by the

Governor, on the 5th June, 1838, pursuant to the provision of

the original charter of the bank, and the faith of the State

pledged for the purpose of raising the capital.' 'The

supplement was not void in consequence of not having been

passed in conformity with the provisions of the Constitution

contained in the 7th article, 9th section of that instrument.'

'The object of the original pledge of the faith of the State,

was not changed by the supplemental charter, but it was passed

in aid of the original charter.' 'Campbell _v._ Union Bank (6

Howard 625) _cited and confirmed_.' 'The liability of the

State, under the operation of the charter of the bank, attached

so soon or whenever the bonds were legally executed to the

bank, and the execution of the mortgages was neither a

condition precedent to the pledge of the faith of the State,

nor the condition on which the State bonds were to be executed

and delivered.' 'It does not appear from the facts that the

bonds were sold for less than their par value. Held that the

sale was neither illegal nor void.' 'If the commissioners in

the sale of the bonds received 'sterling money of Great

Britain' at the rate of four shillings and sixpence to the

pound, that is not such an act on their part as would avoid the

bonds.'

Here, then, the whole case was again fully decided in 1853, by the very

tribunal to which Jefferson Davis, in 1849, invited the bondholders. And

did he or the State then yield or pay the obligations. Not at all, but

they adhered to the repudiation of these bonds, disregarded and defied

the decision of the court, and have never paid one dollar of principal

or interest, and never will, so long as slavery exists in Mississippi.

And now, after the almost unanimous passage of the supplemental act in

1838, the sanction of the Legislature in 1839 and 1841, the decision of

the Circuit Court and Chancellor, and of the High Court of Errors and

Appeals, how strange is the assertion of Mr. Slidell, that 'The Union

Bank bonds were issued in direct violation of an express constitutional

provision.' It is a well settled principle of American law, so

adjudicated by the State Courts, as well as by the Supreme Court of the

United States, that, 1st, To authorize the court to decide that a law is

unconstitutional, the repugnance to the Constitution must be '_plain and

palpable_.' 2d., That the interpretation given by the _highest court of

a State_, to a State law, or constitution, '_is conclusive_.' But the

truth is, as is proved by Mr. Slidell's own letter (having never resided

in the State), he knew nothing of the subject, or he never would have

spoken of Jefferson Davis as 'Governor,' or alluded to 'his

administration,' when he never held that office. But it is of some

moment, at least to the unfortunate bondholders, that the minister of

Jefferson Davis at Paris, _avers now_ that these bonds are

_unconstitutional_.

But, Mr. Slidell says, 'There is a wide difference between these bonds

and those of the Planters' Bank, for the repudiation of which, neither

excuse nor palliation can be offered.'

Now, in a subsequent letter, I will prove conclusively, from authentic

documents, that the State of Mississippi has, _most effectually_,

repudiated those bonds also, and that Jefferson Davis has sustained that

repudiation.

In the case, also, of another slaveholding State, I will prove, from the

public documents, that Jefferson Davis volunteered to sustain her in the

repudiation of her State bonds, in a case more atrocious, if possible,

than that of Mississippi. As Jefferson Davis is now at the head of a

slaveholding conspiracy, endeavoring to destroy the Government of my

country, and is now also engaged in selling worthless Confederate bonds

in this market, I have deemed it my duty to make this publication.

The Continental Monthly, Vol. 4, No. 2, August, 1863 Devoted to Literature and National Policy · 第 47 / 101 题