The Continental Monthly, Vol. 4, No. 2, August, 1863
The Continental Monthly, Vol. 4, No. 2, August, 1863
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That act was passed in 1833, in pursuance of this _mandatory_ provisionof the Constitution before quoted. That act provided, that, if thedecree of the court should be against the State, the Governor _shallissue_ his mandate to the Auditor to draw on the Treasurer to pay thedecree, but 'no execution whatever shall ever issue on any decree inchancery against the State of Mississippi, whereby the State may bedispossessed of lands, tenements, goods and chattels. ' (Howard's Dig. 523, 524. ) Here, t...hen, are the two consecutive provisions of the Constitution in_pari materia_, the one designating the mode by which the bonds of theState might be issued, and the other the judicial tribunals in which alldisputes as to such bonds might be _definitively_ settled, and paymentmade, 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 theLegislature and Executive from exercising judicial power; it adopted thegreat fundamental principle of constitutional government, separating theexecutive, legislative, and judicial power.
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To quickly assess the difficulty of the text, read a short excerpt:
That act was passed in 1833, in pursuance of this _mandatory_ provisionof the Constitution before quoted. That act provided, that, if thedecree of the court should be against the State, the Governor _shallissue_ his mandate to the Auditor to draw on the Treasurer to pay thedecree, but 'no execution whatever shall ever issue on any decree inchancery against the State of Mississippi, whereby the State may bedispossessed of lands, tenements, goods and chattels. ' (Howard's Dig. 523, 524. ) Here, t...hen, are the two consecutive provisions of the Constitution in_pari materia_, the one designating the mode by which the bonds of theState might be issued, and the other the judicial tribunals in which alldisputes as to such bonds might be _definitively_ settled, and paymentmade, 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 theLegislature and Executive from exercising judicial power; it adopted thegreat fundamental principle of constitutional government, separating theexecutive, legislative, and judicial power.
What to read after The Continental Monthly, Vol. 4, No. 2, August, 1863?
You can find similar books in the "Read Also" column, or choose other free books by Various to read onlineMoreLess
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