FREE BOOKS

Author's List




PREV.   NEXT  
|<   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170  
171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   >>   >|  
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 Cam
PREV.   NEXT  
|<   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170  
171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   >>   >|  



Top keywords:
Governor
 

McNutt

 

estoppel

 
Jefferson
 

January

 

people

 

mortgage

 

executive

 

payment

 

highest


universally

 
realize
 

malice

 
repudiated
 
decision
 

condemned

 

violated

 

dishonesty

 

suggestions

 

prejudices


sepulchre

 

Constitution

 

Saviour

 

Jerusalem

 

security

 
proposes
 

children

 

fields

 

cotton

 

worthy


overruled

 

decisions

 
subsequently
 

tribunal

 

Mississippi

 

issuing

 

letters

 

judicial

 

decided

 

Legislature


chosen
 
descendants
 

patriarchs

 

prophets

 

question

 
unanimously
 

countrywomen

 
mother
 
advanced
 

averment