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.) Th