Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-11-08
For the Journal.
The Next I.cg,islature.

the meeting OF this honorable BODY, WOrd respect-
ing afew Of the prominent measures which will pro-
badly require the deberation and action of said bo-
dy, may not be out of place.
Among the first of those measures stands that of
appropriating money for purposes of Internal Inn
provement. Are such appropriations constitutional,
or are they not This is question of vital impor
lance, and one which, it hoped and expected, will
be calmly and fully discussed, and permanently de-
cded 1t is to be regretted, perhaps that this ques
ton of constitutionaliy has to be considered
by modern politicians as rather old-fashioned and
commonplace. But that such is the case, any one
who has attended to the proceedings of legislative boz
dies, State and national for few years. must admit
1t is true that arguments, ), if they deserve
the name have been used to prove that the Legisla
ture of North Carolina haze right, under the con-
stitution to appropriate money for works of Internal
Improvement. But, sirs, such attempts at argument
have only served betray the weakness of the cause
and the sophistry of its advocates
1t is proposed, however, to notice the arguments
used by the advocates of the "scheme" that your
readers may judge for themselves First then, it !
has been contended that judicous appropriation is
constitutional, thus admitting, tactly that inju
dicious is not So, Messrs. Editors, here's the
cat let out of the bag at last; and glorious
stituton the chart of liberties is resolved into
mere matter of expediency. Hereafter, then, what
ever measure majority of the Legislature be
persuaded is judictos and expedient, is constitution
al. Let the members of the next legislature
then, change the form of the oath, and instead Of
swearing - to support the constitutions" let them
swear they will vote judiciously!
But it has been contended that other States have
appropriated money for such purposes and therefore,
North Carolina has a right to do it. According to
this doctrine we have no need of constitution of
our own, but set out and do whatever neighbors
do. And if they violate their constitution, we are,
therefore, at liberty to disregard our But shall.
perhaps, refer to this argument" again.
1t has been contended that JACKSON Polk, and 9TH
ers, held that the States possessed the right of appro
priating money for such purposes Not agreed
JACKSON and Polk, and all other true Democrats de-
MED that the General Government had any right to
appropriate the public money for partial private
purposes but have yet to learn that either of them
taught that the State Legislatures had any right to
do it. The fact is the people of the different States
have undoubted right to alter amend their
situations to confer this power the Legisla-
: lures, but until such alteration amendment be
h made the General Assembly have power to
collect money from portion of the people for the
benefit of another portion than they have to declare
d Gov. MANLY King, or themselves Rump Parlia-
ment
~ If the constitution of North Carolina coners any
a such power, why is it nobody find it! Let u:
have chapter and verse; if any such there be, where
J. this power is limited at or from which it is de
10 ducble by any construction. however latitudinous
o. For the benefit of those whom it may concern,
few sections is here quoted from declaration
Il rights" which it is hoped will be noticed by those
=, who solemnly swear to support the constitution
- aov1ti Icing put sr,d parcel of thet iIotr
. ment.
Sec 8. 'That set Of entitled to sepa
exclusive emoluments privileges from the
~ nifty but in consideration of public services
III SEC 23 That perpetuities and onopoes contrary
the genius of free State and ought be allowed
Sec. 81 That frequent first principles
absolutely necessary preserve the blessings of liberty
re If there ever was time when recurrence tc
" fundamental principles called for the present
1t is the time. We have series of acts passed by
N the representatives of the people, not only in viola
ton of the Constitution, but without the peoples
er having been consulted about the matter or being
is made that such acts contemplated, unit
Of the deed done. Who aware during the can
n vass of l848, that it in contemplation to vot
three millions of dollars construct Railroads. OF
by expressly understood and contended that there
no authority in the Constitution for charter
7 ing Bank, than for making Road. And if either
;c in accordance with that instrument, it is mos
to respectfully desired that chapter and be point
" ed out, which is supposed to confer such power
III moreover contended, that if such clause can
shown in the Constitution then all laws passed with
out such power, are absolutely roid
~ But it is asked, VIII n Carolina repudate Their
s. seems to be holy horror existing in the minds
ce many, at the very thought of reputation What
Is it, Messrs. Editors that to repudiate Is
70 an unconstitutional act of the Assembly,-a pape
u Railroad-or the high hopes and expectations @
those patriotic people who to profit by these ar
no preparations If the act of the Legislature
m to be repudiated, it is contended that is already
n dead letter. unless you resusciate it by shown
ny it to be constitutional. And as for Road built O
n paper and very cheap paper at that, cannot Sc
anything very horrifc in that. But some will sa,
es that part of the money has been paid in; yes,
nd very small part five dollars per SHARE suppose hs
to been paid. But what has become of it =! How h;
~ this immense of five dollars per share been e.
he pended has any of the road been built q" or ha,
at the hungry recipients spent it If nay let the
Try pay it back and if yea let the Legislature instru
,u the Treasurer to pay it, rather than break publ
i've faith, or abuse public confidence
ro- But if it be the vain hopes and expectations whic
have been created by these bills of denominations
which are to be repudiated then the "next Legisl