Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1857-03-28


During the discussion in the Senate, on
Saturday, Ct the Assembly bill to provide
revenue for the support Of the State Gov
eminent, Mr.. Goodwin, Senator from Yuba,
advanced very singular unconstitutional
argument-so very singular, that we cannot
refrain from giving an extract. It appears
to have been desiguedly called out by an
interrogatory from Senator McCalluIa, al
Mr.. McCallum inquired Of the Senator, (Mr.
Goodwin if he thought there was any con-
stitutional way to pay the State debt when
"Mr. Goodwin said upon any fairlogcal reasoniur,
under the present constitution. and according 'he
decision Of the Supreme Court. in his OPINION there
not. If there was clam aeains, the state which
the organic law ofthe land declared 10 be icoustitn
ional. the people acting under the constitution
could not make that constitutional which the cDnsi
tuition Itself declared an uneo situtiona debt The
people could Dot. a1v more than the Legi-iature
maze that constitutional which not constitution
al. while they retain the same organic law The leg
stature might submit the question to the people.
and majority might vote to pay the debt: but
this. in his opinion, would not be binding on thu mi
norty and the payment of taxes levied for this pur-
pose he thought might be successfully resisted: for
the majority had more right to compel minority
than il the Legislature submitted to the people an act
aud majority approved the payment by the whole
OF some individual debt
1t is astonishing to hear such arguments
put forth in the Senate, and after a few
such lessons there will be no further use for
Whately. The idea that because a debt has
not been contracted in accordance with the
provisions of the constitution, it cannot be
re-enacted in constitutional manner, is
science of legislation, and one that appears
to have been left for the Yuba Senator to
discover. Mr.. Goodwin would have been of
invaluable service 20 King John, had he
livel in those days with the logic he now
exhibits in enabling that monarch to with
hold his famous charter. lie might possibly
have been successful in convincing the peo-
pie of the uselessnezs of constitutional lib
erty, and smothered the thing in its infancy
thus forever saving the people from the
task of governing themselves.
1t is not expected that the Legislature or
the people, can legalize the bonds now held
by the creditors of the State; but those
who do not favor reputation are willing to
regard them as just claims against the state,
and so regarding them, can Mr.. Goodwin
rise in his place as a Senator, and say that.
under our present constitution, we cannot
appropriate means to pay the accouut' or
cannot create state debt in accordance
with the provisions Of the constitution We
are forced to the conclusion that the report
er has entirely Inexperienced Mr.. Good
win upon this subject. The position as
signed HIM is unworthy that Of school
boy.
Equally strange AMI unnatural, appears
the honorable Senator's opinion that a ma
jority cannot compel the minority to bear
their proportions Of the burdens of govern.
ment If they could not do it in this in
stance, it could not be done at all, and those
who had not voted with the party in power,
and administering the government, might
successfully resist the payment of taxes.
Such an idea is absurd In a republican
form of government, it is indispensably nee
essary, and is felt and acknowledge By
every person who casts vote, that the
majority should rule When the minority
conclude they cannot stand such pressure,
they must either join the democracy, or 60
to France, or Russia, where the least posi-
bic minority have it all their own way.
VIII not Mr.. Goodwin's minority objections
be just as valid against the incorporation Of
the debt in the new constitution, by ma
iority. as in the present one! But we will
not pursue the subject. The reporter has
done Mr. Goodwin great injustice, or his
legislative career is the most signal failure
on record