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
S