The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-18

STATE LIABlLgTY.-Since the failure OF several Of
the States OF the Union to meet the interest on their
stocks, issued for borrowed money, various schemes
have been proposed TO compel them to do So One
was by assumption, which was promptly, by all
parties, declared unconstitutional. The next was
by Indirect assumption viz: TO ALLEVIATE part OF the
government revenues, aud make them the basis OF
new stock, TO be issued in the name OF the Union,
Tor the redemption of the State debts. This was
nondescript mode. The funds oi the United States
federal treasury could not be Used 10 pay the debts
because that would be unconstitutional; but the
tunds were to be set apart, and called the property
OF the States, and then applied 10 the payment of
debt issued ia the name OF the United States. This
would he clearly new confederation OF the States,
Tor purpose other than any OF those laid down in
The Constitution Mr.. John A. Parker has now
proposed another plan. lie petitions the State to
become the trustee for a debt due him by the Stale
olPenusyNanla, and for another due by The State Of
Illinois, aud then 10 sue those Staesio the payment
IN the United States Court. The basis OF this
application, seems TO be the protection which the
State, as an independent government, owes him,
citizen OF the State, against grievance suffer
ed from another government, by the non-payment
oi a debt due to him. The constitution OF the U.
States has debarred citizen OF one State from
suing the government of another State, yet Mr..
Parker contends that his own government owes him
a protection, and is bound TO seek it for him, not
by force ol arms, as between two foreign govern
Inents but IN the Supreme Court OF the United
States. This reasoning is clearly Just, when APP
piled 20 acts OF spoliaton, such as the property OF
citizens are subjected TO in time Of war but we do
not conceive that this applies 10 monied trausac-
lions, voluntarily entered into. Mr. Parker states
follows
s'IH,aly. They confirm the opinion that the
freehold taxable property OF every individual In the
State is liable: and that their property may be
levied upon under judgment against the State. The
grounds OF the liability are that they are parties TO
the cuntTact-the government et the State being
inherent IN them, and the Legislature being only
their authorised servants, holding delegated power
that the whole property OF the State is pledged
Tor ITS debts IN the power ceded by the people TO
the Legislature 10 lay taxes and such power being
the basis OF credit, becomes an obligation on the
part OF the people who gave 1t and the Legislature
failing or refusing TO exercise It's power IN the full
ment OF its contracts, by plain and obvious pin
clple OF common law the obligation falls bach upon
the people who gave, or authorised the power, and
on whom II was 10 be exercised
Now, admitting this position to be true, the COL
iectiUe people OF State are bound to pay obi.
CATION 10 al Hdird,sql of another State in the same
manner that the individual of one State is suablc
IN the United States Court for his obligations TO the
iion provides for, and not the former, and the rea-
son is obvious Ii the collective stock debts of
people may, by sovereign authority be enforced in
favor OF an individual, then the individual mercan-
tile debts may be enforced Ill the manner
Hence, if a merchant failed IN New York, in debt
TO a person in London, and the United States alb
solved It's citizens from the liability by a bankrupt
law, and that citizen aiterward acquire property,
then Great Britain, TO protect It's citizen, would be
obliged 10 compel payment from the government oil
the United States. The carrying out OF this prlncl-
pie at the present moment would involve this coun-
Try III war with all the world
OUR STREEIs.--ln passing along our most public
thoroughiares, at every step the most offensive
smells inflicted on the ofactory organs OF our
long suffering citizens. They bear their burdens pa
tlenty The corporation officers permitted 10
neglect their duties year alter year without word
of COMPLIANT direct from the people. Occasionally,
the press takes up the subject, but il is dropped again,
and the same evils still exist The danger Of an
epidemic, ike the yellow fever or cholera, creates
hide excitement and few streets are swept. but
the moment tie enemy is no longer feared, reac.
ZION takes place, and the filth accumulaes. Were it
moi for the constant and unremitted exercise OF the
propenses OF city scaveDgers, the hogs, our
Board of Aldermen to purchase large lot of good
sized pigs and turn them loose to what they
have not the energy or disposition to remove
Strangers may talk and laugh about the presence of
this necessary animal in streets, but they
perfect board OF health, who do more preserve the
health and cleanliness OF our city III day. than
all the official officers appointed for that purpose
do IN twelve-month.
The Poor The late gale has returned TO our
city It's truant chidren-business has commenced
with good prospects-the country merchants, and
those from Canada, are locking hiher to purchase
their winter stock-beles have iorsaken the FASH
lonable watering places Tor the Broadway promen-
ade-the theatres and places of amusement are
busting for the winter season-politicians gather
ther forces for the winter campaign-laborers have
taken the field boldly to secure an increased rate of
wages, in order TO lay up the ready penny for
rainy day--but the poor who speaks for them!
What measures are in contemplation for their win.
ter2 1t is full time for the charitable TO prepare, if
they intend to take care OF their poor brethren -
Rspldly will the next month roll past, and then
dread winter is upon us, with lis storms, its snow
and its teeming poverty. Will the p.ttance doled
cut by the Aims House Commissioners be the only
means of relief? We trust not-and at this period
sound the note and stand ready TO second the efforts
OF the Poor Mans Friend" We record with
pleasure the noble act OF Minthome Tomkins, Esq,
VINO has kindly given lot of ground at Staten
island, for the erection OF a house of refuge for the
sick and needy A society OF ladies, heaven bless
Them have undertaken the superintendent ana
are making great efforts to be ready for the winter
The "Good Samaritans" have our best wishes
THE STATE AGRICULTURAL FATR.-This great an
nual exhibition takes place during the present week
at Rochester, and as there will be much to record
N connexion herewith that will interest large