The southern press., 1851-04-25
CONSTITUTIONS.

has been sent tor from washington 10 attend ner
CONSTITUTIONS. F
Constitutions being great political compacts EN-
anatng directly from the people in their primary
capacity, and sanctioned by their assent previous
to going into operation, the fundamental law
of the land and there is no mere legislative au-
thoriy derived from them which lawfully
eyade contravene any Of their provisions. Nor
can the mere popular will justify any Legislative
body in such evasions or violations, unless de-
clared by the adoption of new constitution by
convention assembled expressl y for the purpose,
whose acts shall have been, in like manner, sane
toned by majority of the people. In State
government this is sufficient. But in confeder-
alton of States. no alteration Of the original COM
pact can lawfully be made, except in conformity
with the provisions Of the instrument itself, with
out direct violation OF its great fundamental
principles; and any party to The compact has
clear right to withdraw from the confederation
under such circumstances, if it deems it expsdent
| There seems, however, growing disposition,
not only in Congress but State legislatures, to
place themselves above all constitutions, and to
HbSuilt VI uulIiS JuStuS ucy plcuoc
under the real or assumed sanction Of the popular
will--the public good--the dictates Of phlan
thropy-or the higher-law of Senator SEWARD and
his disciples or teachers. The doctrines of the
Abolitionists, lately sanctioned by the action Of
Congress, have given death blow to the sane
tity Of all constitutions, by establishing the prn-
ciple that they are of no authority when coming
| rvlodr oc od
Drained fanatics, or cool-blooded political hypo-
critics. There is scarcely day passes, in which
| the fundamental doctrines of the Constitution of
the United States, and the individual States are
not openly violated or cunnngly evaded, by grants
OF exclusive privileges immunities; by dona-
tons of the public monies to purposes Of charity,
education, and other objects which properly ap-
pertain to individual muni6cence; by appropria-
tons Of books to be distributed among members;
and by scattering the proceeds of the general in
dustry Of the people at random, for the relief and
encouragement Of all those who can influence the
members by their political weight, their importu-
mites, or their bribes. Neither the Constitution
Of the United States, of any Of the States, au-
thorzes the legislature to dispose of the public
revenues in this manner; and yet they are contn-
ually whitfield away by drblets, which, when
put together, amount to enormous sums annually,
and impose the necessity Of increasing taxation
Their debts and expenditures increasing in an
equal ratio. At this moment, the federal and
State debt amounts, according to the statement of
very accurate writer in the Herald to 275, $780,
GIG dollars, and the expenditures are annually in
creasng by loans of State credit, for purposes of
local projects, called by courtesy public improve
ments. Schemes are every where at work, in
veighling the States into new loans and new re-
sponsibilites; States, corporations, and munich
palities, are every day running deeper and deeper
in debt, and the period is not far distant when we
shall require another general bankrupt law to IL
quidate another 100000, 900 of dollars.
But the most alpabe, bare-faced attempt at the
evasion or violation of constitution is now ex-
hibiting in the State Of New York. 1t will be re-
collected that few years ago that State, like many
of her sisters, was brought by the system Of pub
lie improvements, to the very verge OF bankruptcy
Her stocks upwards of twenty per cent. be-
low par, and her credit was exhausted. This was
under Whig ascendency At that period, the
Democracy obtained the rule, and wisely arrested
the system Of prodigality. convention was
called, and new constitution was adopted, the
great leading object was to restrain the legislature
from borrowing money, or pedging its credit for
any purpose whatever, except in the public de-
fence, when the State was in actual jeopardy. Ac-
cordngIy by an article of the new constitution
the legislature prohibited from borrowing
money, beyond the amount Of million of dollars
for any purpose except that just specified, with
the question being first referred to the people,
and the law sanctioned by the decision of the bal
lot-boxes. The sole object of this restriction was
to prohibit the legislature from contracting debts
or becoming responsible for them, either directly
or indirectly
This was only two three years ago, and
what do we now' The Wings are again in
the ascendency, and either have, or are on the eve
of authorizing loap of some millions for the i'm
mediate enlargement of the Erie and Hudson ca
nal. But they don't mean that the State should
borrow the money, or become responsible for the
payment. BY no means. They only hypothecate
the surplus revenue Of the canal, which was pre-
viously appropriated to other purposes, but do
not expressly pledge the faith Of the State, in the
event of the surplus revenue failing Who is so
blind as not to through the gauze OF this mis-
erable subterfuge' Who can possibly be blind to
the fact, that the State is virtually bound in honor
and honesty to make good this deficiency in cnse
any should occur, and that the transaction will be
u loan of so much money, to all intents and pur
poses After this, fig for constitutions they
are obsolete ideas. Yet learned lawyers--Mr.
Webster among the rest--have gravely decided
that there is violation of the State constitution
in this open, palpable evasion Of its letter and
spirit. Were not this article already too long,
might speculate on the proprety of Secretary Of
State acting counsel on political question of
such consequence, and thus committing himself
and his influence in behalf of party. Ifhe--not
being bachelor" can't have a home to live in -
at Washington, or give dinners to the corps di-
plomauque, without ekeing out his salary and his
benefactons by taking fees and under pretext of