2d Session. MISSISSIPPI LEGISLATURE-DUTIES AND POWERS OF GOVERNMENT. RESOLUTIONS OF THE LEGISLATURE OF THE STATE OF MISSISSIPPI, In relation to the acts of the Extra Session of Congress of 1841. MAY 10, 1842. Whereas, it has been the practice and it is the duty of the Legislature of the State of Mississippi, whenever it may, in their estimation, be necessary or proper for them so to do, to express their opinion in relation to any important measures which may arise in the administration of the Federal Government; and, in order to give practical effect to their sentiments, to avail themselves of the power vested in them by the nature and republican character of their institutions, of instructing their Senators and requesting their Representatives in Congress to act in such a way as to give those sentiments the form of legislative enactment, or of solemn.protest, as the case may require, when acting in accordance with the declared wishes of the Legislature : And whereas, new and exciting questions have arisen, and important measures, deeply involving the welfare of the people and the rights of the States, and calculated to excite the alarm of all who cherish with a proper regard our present happy form of government, having been proposed or adopted at the late extraordinary session of Congress, it becomes necessary, in the opinion of this Legislature, to revert to first principles, as expounded by our republican fathers, and hallowed by the recollection of their patriotic support: And whereas, the General Assembly of the ancient Commonwealth of Virginia, on the twenty-first day of December, 1798, adopted certain resolutions, among which are the following, that is to say Resolved, That the General Assembly of Virginia doth unequivocally express a firm resolution to maintain the Constitution of the United States against every aggression, either foreign or domestic; and that they will support the Government of the United States in all measures warranted by the former. That this Assembly most solemnly declare a warm attachment to the union of the States, to maintain which it pledges its powers; and that, for this end, it is their duty to watch over and oppose every infraction of those principles, which constitute the only basis of that union, because a faithful observance of them alone can secure its existence and public happiness. That the General Assembly doth explicitly and peremptorily declare that it views the powers of the Federal Government as resulting from the compact to which the States are parties, as limited by the plain sense and intention of the instrument constituting that compact, and no further valid than they are authorized by the grants enumerated in that compact. And that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the States, who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for ascertaining, within their respective limits, the authorities, rights, and liberties appertaining to them. That this General Assembly doth also express its deep regret that a spirit has, in sundry instances, been manifested by the Federal Government to enlarge its powers by forced constructions of the constitutional charter which defines them; and that indications have appeared of a design to expound certain general phrases (which, having been copied from the very limited grant of powers in the former articles of confederation, were the less liable to be misconstrued) so as to destroy the meaning and effect of the particular enumeration which necessity explains and limits the general phrases, and so as to consolidate the States by degrees into one sovereignty, the obvious tendency and inevitable result of which would be to transform the present republican system of the United States into an absolute, or, at best, a mixed monarchy. And whereas, on the tenth and thirteenth days of November, 1798, certain resolutions were passed by the House of Representatives, and concurred in by the Senate of the General Assembly of the State of Kentucky, one of which said resolutions is as follows, that is to say Resolved, That the construction applied by the General Government (as is evinced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress power to lay and collect taxes, duties, imposts, excises, to pay the debts and provide for the common defence and general welfare of the United States, and to make all laws which shall be necessary and proper for carrying into execution the power vested by the Constitution in the Government of the United States, or any department thereof, goes to the destruction of all the limits prescribed to their power by the Constitution; that words meant by that instrument to be subsidiary only to the execution of the limited powers ought not to be so construed as themselves to give unlimited powers, nor a part so to be taken as to destroy the whole residue of the instrument. Whereas, this Legislature, in reverting to the important truths contained in the resolutions of the States of Virginia and Kentucky, in view of the dangerous and alarming tendency of the acts passed and the propositions made at the late extra session of Congress, do consider this an appropriate time to declare their deliberate approval and solemn sanction of the prin ciples in said resolutions avowed, and to express their conviction of the necessity of a recurrence to them on the part of the General Government: And whereas, this Legislature wholly disapproves of and hereby protests against an act passed at the late extra session, entitled "An act to establish a uniform system of bankruptcy throughout the United States," as it is inexpedient and unwise: because it invites voluntary and fraudulent bankruptcy; it recognises distinctions between classes of men in a land where all ought to enjoy equal rights and privileges; it affords to the extensive dealer and large speculator advantages beyond the reach of the poor; it has a tendency to destroy the judicial tribunals of the States, by transferring to the federal courts suits legitimately and properly cognizable in the former, and is well calculated to annihilate all confidence between man and man, by an impolitic interference in contracts which they had the power to make and capacity to settle: And whereas, the public domain being the joint property of all the States of the Union, this Legislature has witnessed with profound regret the passage of an act, commonly called the Distribution Bill, by virtue of which the proceeds of the sales of the public lands are divided unequally among the co-States, thereby depriving some of their distributive shares, even if Congress had the right to distribute, which is not admitted, while others, by receiving more than their just proportion, would thereby become stipendiaries and pensioners of the Federal Government. If a distribution of the proceeds of the public lands were within the powers of Congress, the State of Mississippi would not, under any contingency, accept more, and would be unwilling to receive less, than her due proportional share of the common fund of the United States: And whereas, in the opinion of the Legislature, the above mentioned act, to distribute the proceeds of the sales of the public lands, at a time when the National Treasury was in an exhausted condition, was passed with the intent of creating necessity for an increase of duties, with a view of discriminating for the purpose of protection, the Legislature of Mississippi, willing at all times to submit to taxation, however burdensome, so long as the revenue of the Federal Government is insufficient to meet its expendi tures, cannot, without solemn remonstrance, view the passage of an act, at the late extra session, commonly called the Tax Bill, believing the same to be unequal in its operations, unwise in its policy, oppressive on the South, and calculated to endanger the harmony of the States of this Union: And whereas, the Legislature of this State has seen, with disapprobation, a permanent national debt, in the time of profound peace, fastened upon the Union, and authorized by an act commonly called the Loan Bill, at the same moment that the public revenue is profusely and unequally distributed as a subsidy among the States: And whereas, the Legislature of the State of Mississippi believes that the power to incorporate a bank of the United States, in any form, has not been granted to the Congress of the United States; and also believing that the deplorable condition of the country, for the last four years, the bankruptcy of its traders and the distress of its citizens, all originated in the unnatural impulse given to trade by the wicked and renewed efforts of the late United States Bank to corrupt or influence the intelligent electors of the republic, and thereby to control the administration of its Government, this Legislature cannot witness, without profound interest, the attempt to fix upon the country another and similar institution. One Congress possesses as much power as another, acting, as they do, under the authority of the same Constitution, and therefore any public act of the one, what soever may be its character or its object, is repealable by the other. Were it otherwise, the Federal Legislature would, by degrees, in the progress of time, be stripped of all the powers it possesses, and those powers would be transferred to corporations irresponsible to the people, and unmindful of the public good: 1. Therefore be it resolved, That the Legislature of the State of Mississippi do hereby declare that they do concur in, adopt, and reaffirm, as universally true, at all times, the resolutions of Virginia and Kentucky, adopted at their General Assemblies of 1798 and 1799. 2. Resolved, That our Representatives in Congress be requested, and our Senators be instructed, to vote to repeal or so to amend an act, passed at late extra session of Congress, entitled, "An act to establish a uniform system of bankruptcy throughout the United States," as better to secure the rights of creditors, and to include all incorporated companies. 3. Resolved, That our Representatives be requested, and our Senators instructed, to vote for the repeal of so much of an act, entitled “An act to appropriate the proceeds of the public lands, and to grant pre-emption rights," as relates to the distribution of the nett proceeds thereof; and that the Legislature, viewing the said distribution as a subsidy, unworthy of the acceptance of a sovereign State, will not appoint any agent to receive any portion thereof in behalf of this State. 4. Resolved, That our Representatives in Congress be requested, and our Senators be instructed, to vote against any discriminating tariff recognising the protection of manufactures or agricultural products, and also to oppose any further proposition to create any permanent national debt in the time of peace. 5. Resolved, That our Representatives in Congress be requested, and our Senators be instructed, to vote against the establishment or incorpora tion of any national bank or institution having the power to make discounts or deal in bills of exchange. 6. Resolved, That our Senators in Congress, the Hon. John Henderson and the Hon. Robert J. Walker, be, and they are hereby, instructed to con form, in good faith, and use all honorable means to carry out and accom plish, the principles and instructions laid down in the foregoing preamble and resolutions, in each and every part thereof. 7. Resolved, further, That the Governor of the State of Mississippi be requested to forward a copy hereof to each of our Senators and Represen tatives in Congress. ROBERT W. ROBERTS, Speaker of the House of Representatives. J. SPEIGHT, Approved, February 22, 1842. President of the Senate. T. M. TUCKER. I, Lewis G. Gallaway, Secretary of State of the State of Mississippi, do hereby certify that the foregoing resolutions of the Legislature of the State of Mississippi, in relation to the acts of the extra session of Congress of 1841, approved the 22d day of February, 1842, is a just and true copy of the original filed in my office. Given under my hand and seal of office, this the first day of March, 1842. LEWIS G. GALLAWAY, Secretary of State. 2d Session. MISSISSIPPI LEGISLATURE-RIGHT OF SEARCH, AND CASE OF THE BRIG CREOLE. RESOLUTIONS ΟΙ THE LEGISLATURE OF THE STATE OF MISSISSIPPI IN REFIRENCE To the right of search, and the case of the American brig Creole. MAY 10, 1842. Referred to the Committee on Foreign Affairs. Whereas, the right of search has never been yielded to Great Britain. by any treaty stipulations, but hath constantly been denied and resisted; and whereas, many signal examples of aggression upon the immunities of our free flag have, of late especially, directed the attention of the country to the claim and exercise of a right of search by the the British Government-a pretension so justly odious to a liberty-loving people; and whereas, the minister of Great Britain has recently disclaimed the right, in express terms, while he insidiously, and under false pretences, insists upon its exercise; and that would enforce a power usurped by his Government to detain and examine vessels bearing our banner; and whereas, within a few months past, the American brig Creole, on her outward passage to New Orleans, transporting a cargo of slaves, the property of citizens of the United States, shipped thither from Virginia, was, by the insurrectionary crimes of some of these slaves, seized, and the crew forcibly compelled to navigate the said brig into a port of a British West India island; and whereas, it is evident that the hope of freedom held out by the doctrine of universal emancipation, now apparently so acceptable to the rulers and ruled of Great Britain, certainly stirred up these rebellious slaves to mutiny and murder, and sped their flight to British soil; and whereas, the criminals have not been yielded up to the American consul, nor the other slaves to any rightful claimants, but these last have been recognised as passengers and freemen, having free ingress and egress to and from the possessions of the British crown; and whereas, this Creole case particularly affects the property institutions of the South: therefore, 1. Be it resolved by the Legis ature of the State of Mississippi, That it is the deliberate opinion of the State that the right of search cannot be |