The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-02-21
For the Southern Press.
Relies OF Scraps and Musings.
No. "a.
CONSTITUTIONS.

IL IL every day more evident that our written
constitutions, both State and federal, are grad
ually becoming dead letters, and that the mere
will of 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 exempfied 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 30 previously; in APP
preparations for purposes of private charity and
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 speculations. These,
it is true, may not be expressly prohibited by
our constitutions, but are nevertheless in direct
contravention to the great fundamental princi-
Piles on which they are based, and are only the
more dangerous, because no express constitu-
tional provision can be brought to bear against
them. If not direct violations, they are palpable
evasions, gradually frittering away the author-
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 n striking
example of this. Not more than four or five
years ago, convention was called for the pur.
pose of revising the old, or adopting new
constitution. The State had become indebted
some thirty or forty Millions mere trlle now.
a-days-by prosecuting extravagant enterprises,
called public improvements, many of which
proved entirely abortive, and the great object
contemplated in calling the convention was TO
arrest these expenditures in future. According.
ly, it was made one Of tho leading and most i'm
portant provisions Of the new constitution, that
the State should not in future either borrow, or
become responsible, for more than a million of
dollars, without the question being first present
ed 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 enlargement
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 lodged the 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 pedge-be-
cause the constitution had expressly appropr-
ated them to other purposes-the surplus rev.
enues of the canals and made the stock, Great
ed by this loan, the basis of circulating medi
um. Yet, it seems, the State had neither bor-
rowed the nine millions, nor become either le-
gally or morally responsible for their payment
The question has never to this day been referred
to the people. But the money has been Dor
rowed, at least as much as was immediately re-
quired, and contracts have been entered into,
under circumstances 80 disgrnceful to certain
powerful factions, and certain leading, trading
politicians, that they will never be fully devel-
oped.
But it would appear that the great STATE of
New York is not going to stop here. 1t is about
to enter into the wholesale business of violating
the constitution. A few days since, Mr.. TABER
Chairman Of the Judiciary Committee of the
Senate, offered the following amendment to a
resolution, declaring that special acts of incor-
poration for steamship companies was constitu-
tional, although the constitution expressly pro-
vides that every corporation shall come in under
a general law, applying to all equally. The
amendment of the chairman of the Judiciary
Committee declares "'That in the opinion OF
the Senate, the first section of the 9Th article OF
the constitution does not forbid the passage OF
special act of Incorporation for purpose
proper to be effected by corporate powers ,ohen
in the opinion Of The Senate any general law
,ohich Do,tld embrace such purposes, would be use
less, dangerous or pernicious, and ought not 10 be
passed" The amendment was accepted, but the
question is not yet decided.
Should the Legislature of New York adop,
this amendment as the basis of legislation, who
does not see that it will render the constitution
totally imperative in one of its most important
provisions? The opinion" of the Legislature
will become the constitution, and that body de-
eide, in all cases, whether it's provisions are
sautary, or useless, dangerous, and pernicous.
These, and other examples in State anC
federal legislation, are calculated to awaken
melancholy forebodiugs, that iberty-constitu
iional liberty, which is alone worth possessing
will not be able long to resist the tide of cor
ruption and innovation on the great Fundamental
principles of our respective constitutions, which
has flowed from that unfailing source of cor
ruption, both of the people and their representa-
tives, the assumption of granting pecuniary ait
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