Weekly national intelligencer., 1851-09-27

TeOempilOQ
duties imports" had been pledged by the laws Of Texas
Upon other hypothesis there any usable motive
for requiring releases the United States to be filed for such
claims before Texas should receive the last five millions Of the
liability Of the General Government pay all that portion
The public debt Of Texa and laid s hand upon five millions
Of the stock provided for security that Texas should pay
that portion Of her debt in her failure to do the five
millions thus withheld should be fund out Of which that
class Of the creditors Of both Texas and the URited States
should be paid 10 whole or in part the relative amount Of
such debt and the fund reserved should determine.
The history Of the debt contracted by Texas while she
yet an odssnden. Power and her subsequent incorporation
into the Union a. State Of the Republic Of the United
Sate believed makes the United States liable for this
portion Of the Texas debt.
The laws Of nations which govern the subject well
derstood and Of application to the present question
These laws oil proceed upon the idea that the moral oblga-
tons Of independent States binding when they at
ach compsc between States between States and nd
vidus and that they never except by the voluntary
agreement Of the parties interested by their ument and
complete discharge. Hence, where independent Power
contracts obligations and afterwards, by the act Of another
Power jointly with herself incorporated into and subjected
the dominion Of The latter, whereby the national responsibility
Of the former s destroyed and the Of fulfilling her
obligations transferred 10 the latter, oil such obligations
The extent a least Of the thus transferred attach with
al their force 10 The nation to whom such have been
90 transferred.
Il viii be found that all writer's on public law having any
authority sgeed upon this point, from the time Of Grous
TO the present Indeed, the proposition thus asserted
obviously just that Il 10 not possible for nation in modern
times 70 conove it, without orfeing that character for
Indispensable Tor sovereign States 1t this view Of the
subject which doubtless dictated that provision Of the law
which am now Considering.
knownto Congress that Texas had contracted debts
10 large amount to individuals while she independent
Power. Il equally we'll known that revenue arising from
'sdues on imports" was, amongst all nations in modern
times, resouce the principal one for the payment
Of the debts Of nations Il was known also BY the smer.
sstes the power to levy duties imports within the ports
or territories Of Texas wss taken away from the latter and
transferred 70 the United States Il therefore assumed
that the United States should pay If Texas did not all thst
portion Of the debt Of Texas for which duties imports had
been pledged for the obvious that these duties thus
pledged taken from Texas and transferred the United
States and that extent the creditors Of Texas BY plain
principle Of justice had become the creditors Of the United
States.
With these facts and principles for The basis Of legslaon
the question recu what class Of debts compehended in
The terms used 10 the law
entertain no doubt Of what wss the design Of Congress-
They evidently intended that Texas should pay out Of the
millions granted oil those debts Of hers for which they
deemed the United States had become liable BY the ncopo
ration Of TEXAS into the Union and they deemed this Gov
ernmsnt liable for al debts Of Texas for the payment Of which
the duties imports had been pledged in any FORM The
words employed are, for which duties on imports spe
csly pledged In oil cases therefore, whore duties i'm
ports have the laws Of Texas been specially set apart for
the payment Of any oan n my Judgment II becomes the
law Of Congress before be issues Texas the remaining five
millions Of stock.
BY The Get Of 7th June, 1897 The Republic Of Texas
pledged her public faith for the redemption Of every loan
der that law and also much Of the arising from
Imports and direct taxation may be necessary meet the
annual interest Of the funded debt (See Schedule A, and
the Law there quoed) Under this acas appears by Schedule
loan was effected which. with ito interest," leaves out
standing on the l.. Of July, 1850. sl,e5l, $4,000.
The terms Of the law plainly secure, by pledge Of import
duss the payment Of the interest," which, in effect is spe
eai pledge Of duties imports for the payment Of the ne
rest. which interest," whe the fund se apart remains per-
within the provso referred releases Of which should be
ed the Treasury Of the United Stae for oil interest which
has accrued may before the remaining five millions
Of stock can be issued TO Texas.
The loans designated in Schedule made under the
acts Of the 18th November 1896; the 18th Of May, 1888
22d January, 1889 IAN January, lv4O sn0 Fuuay,
ls40 The amount with interest computed s July, $780,
under these scis, Is 81, 5s2, 902.70.
By the 9th section Of the of 1885 the public faith the
proceeds Of the sales Of public snd and all the taxes
lands, which to The State after the 1885, are
se apart for tho payment OF the interest and principal Of the
loan therein provided for.
The only provision Of the before mentioned laws which
important consider bearing the oct Of Congress
In question 10 the 5h section VI the Of l4th January,
s40 Ths, section contains the following provision
"Bea trsAer enacted. That. for the redemption Of all
Independently the reservation OF the sinking fund.- the pro-
cceds the ales Of the public lands reveues and public
tsitn sfr sosemniy pseukSo.
I, seems perfectly clear hs pledge Of al the "revenue"
Of Governnsn, whose organic form admitted the power
revenue by du,ies imports" special pledge Of
duties imports well eli the other Of taxation
known such Government IL instead Of pledge Of the
revenues comprehendng every item Of revenue,
another form Al expression had been adopted which had emu
mcrssed each item, including duties imports then
would doubt hss the law contained special pledge Of the du
ties on imports.
IT. them the pledge u ell "revenue." without enumera-
ton Of items classes, does not include duty imports,
neither does H. for The reason include any other species
Of and thus would follow that no,hng pedg
cd BY the In quesonsn sbsurdi,y TOO fsgran for
sidsstion. Such construction would admit the possibility
world dclusve promise seeming 10 b. subaan,is, and yet
Ia fact Offering rssl security The section referred TO
therefore, be oonsdssed psdsng specially the duties
imports, well sny osher species Of revenue possible
under the Government then exsng II these vess are cor
rect oil loans negotiated BY Tsxas prior the l4h Jsnus-
~, le4o, and undsr that scs secured by special pledge
of the duties imports. II follows that the i've millions Of
stock specified 10 The sct of Congress of the 9th September
is5o should no. bs issued until releases Sled ss prescribed
BY eli owues Of shsi portion of The dets of Tsxss
The public dcbt ces8d under s the scss OF sh Fshru
Ay. ls40 10 ssssd In sehsaue 70 amount Nth Interest
up la July, 1880 The of 81, ,6ss, 1856. do
And any pdge 10 this aci Coz the psymsn, e either the
principal nisrssi s shis possiSn u The dsls.
The debt sss osi In schsaais u with inssss up 10 10,
July, 1850. hsl, ,s52, eis 80.
This deb cssied under another sci Of The Sh fsefu
srv, le4o BY The 81 section q this sst provided thss
the bosds before yss<rsed shall be eli nss receivable
by any ccs<sos rsv~nue, hs Treasury psrsrmsn',
in payment q sny dsb the Gossnmen, sny ssisss
BY Imports o. direct srston fo ss smoans o. ssss q
such funds, and ths 1isrssi wheh nsy have ssuosd