The southern press., 1852-02-21
For the Southern Press.
Relies Of Scraps and Musings.
M "a
CONSTITUTIONS.

| CONSTITUTIONS.
II is every day more evident that our writer
constitutions. both State and federal, are grad
ually becoming dead letters, and that the mere
will of a bare majority in legislative bodies is to
be substituted for that of the people, solemnly
declared in convention, organized expressly for
that purpose, and whose acts were as solemnly
sanctioned by majority of the people. We
see this continually exemplified in State and
federal legislation, in voting away the public
monies to great amount for printing books
for the special use Of the sitting members, and
all those who have been so previously; in APP
preparations for purposes of private charity aud
benevolence in donations to colleges and other
institutions, not general, but special; in vexa-
tious restraints on the habits, pleasures and oc-
equations of men; and lastly, in wholesale grants
Of the public lands and public monies, for all
sorts Of local and private speculatons. These,
il is true, may not be expressly prohibited by
our constitutions, but are nevertheless 10 direct
contravention to the great fundamental princi-
pies on which they are based, and are only the
more dangerous, because no express constitu.
tional provision can be brought to bear against
them. lfnot direct violations, they are palpable
evasions, gradually frittering away the authori-
ty and operation Of the organic law. In this
way Congress and our State legislatures are be-
coming omnipotent, like the Parliament of Eng.
land, and the will Of every temporary majority
becomes for the time being, the constitution.
The great State of New York is striking
example of this Not more than four or FIVE
years ago, a convention was called for the pur.
pose Of revising the DID, or adopting a new
constitution. The State had become indebted
some thirty or forty Millions mere triie now,
a.days-by prosecuting extravagant enterprises,
called public improvements, many of which
proved entirely abortve, and the great object
contemplated in calling the convention was Ia
arrest these expenditures in future. According
ly, it was made one of the leading and most i'm
portant provisions of the new constitution, that
the State should not in future either borrow OF
become responsible, for more than million OF
dollars, without the question being first present
Cd to the people and receiving their sanction
The only exception was in cases of invasion
This constitution was sanctioned by great
majority of the people.
Last year, however, the legislature notwith
standing this express prohibition, passed an act
appropriating nine millions for the en- largement
Of the State canals, and authorizing the issue Of
stock to that amount, which was recognized by
the State as the basis of so much banking CAPT
tai They got over, or dodgedthe constitution
by arguing that this was neither borrowing or
becoming responsible for the money and among
other great lawyers, Mr.. WEBSTER, sustained
the position. The State authorized the loan
pledged what they had no right to pledge--be-
cause the constitution had expressly appropri.
ated them 10 other purposes--the surplus rev.
enues Of the canals, and made the stock, Great.
ed by this loan, the basis of a circulating medi
um. Yet, il seems, the State had neither Dor
rowed the nine millions, nor become either le-
gally or morally responsible for their payment
The question has never to this day been referred
10 the people. But the money has been Dor.
rowej, al least as much as was Immediately re-
quired, and contracts have been entered into
under circumstances so disgrsceful TO certain
powerful faction', and certain leading, trading
politicians, that they will never be fully devel
oped.
But il would appear that The great STATE o
New York is not going TO stop here. II is abou
to enter into the wholesale business Of violating
the constitution. A few days since, Mr.. TABER
Chairman Of The Judiciary COMMITTEES Of III
Ses,ate, offered the following amendment TO
resolution, declaring that special acts Of incor
poration for steamship companies was constitu
iional, although the constitution expressly pro
ydes that every corporation shall come in unde
general law, applying TO all equally. TIL
amendment Of the chairman Of the Judiciar
Committee declares THAT in the opinion o
the Senate, the first section OF the 9Th article o
the constitution does not forbid the passage o
special act Of incorporation for purpos
proper 10 be effected by corporate powers, ohe
in The opinion NJ he SENATE any general Ian
,ohich pould embrace such purposes, tooud be usc
less, dangerous or psrnicious, and ought NOT 10 b
passed" The amendment was accepted, but III
question is not yet decided.
Should the legislature Of New York adop
this amendment as the basis Of legislation, VIII
does not see that IL will render the constitution
totally imperative in one Of its most importan
provisions! The "opinion" Of the legislator
will become the constitution, and that body de
eide, in all cases, whether its provisions ar
salutary, or useless, dangerous, and pernicious.
These, and other examples in State an
federal legislation, are calculated to awake
melancholy forebodings, that liberty--consiitu
tional liberty, which Is alone worth possessing
will not be able long TO resist the tide Of cot
ruption and innovation on the great fuudaments
principles Of our respective constitutions, whic
has flowed from that unfaiIing source Of col
VI -. la. ~ the mamie and THAR renraaont.