The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-16


The Judgment of the Supreme Court of the
State Of California declaring the act for the con-
strsction of wagon road across the Sierra Ne.
vada null and void, as being in contravention
OF the constitutional provision prohibiting the
contraction of any State debt over 100000
without an appeal to the people, is, we take it,
emily second to the establishment Of the Vigilance
Committee, in historical Importance. The effect
of the Judgment is to leave creditors of the State
for an amount exceeding S2,700,O00 absolutely
without recourse, and to iufict upon the State
credit a blow which will be felt for years 1t is
OF course competent to the people and Legsla-
ture Of California TO repair the mischief by pass
ing new remedial act, assuming the debt, and
having The same ratified by the people; and this,
it they have either prudence or honor, they will
make haste to do. But, with all their haste, time
must elapse before such an act can be passed and
ratified; and meanwhile the claims of the credi-
tors will be exposed to all the contingencies of
their precarious position. The people of CalifOr-
MIA, like the people Of Mississippi, may come to
think it convenient to pay off their debt without
putting their hands in their pocket. New flaws
may be discovered in the character Of the debt
and ingenious lawyers may show that it may be
repudiated without shame. Questions may arise
as to the disposal Of the money obtained from
the creditors, and it may be shown that the State
was not the only recipient or beneficiary thereof
We have seen such things before, and there is n,
reason why we should not see them again.
II the question could be settled in half an hour
by tpe merchants Of San Francisco, no doubt the
creditors would not suffer even in Imagination
for single day. But the high minded men over
whom Governor McDougal presided are a very
small item in the population of the State. Their
views are not certain to be those of the poor
farmers, and miners, and fishermen aud Migrants
who will be called upon to vote the ratification
of a remedial act.
In our opinion, just Providence is Furnishing
California for the faults of her people. Ia tue
days of their prospt rity, when human labor and
energy commanded higher rewards than they
ever obtained before or since, the Calitorniaus
forgot what they Owed to themselves and to Us
They disJegarded the obi cations OF the citizen
and LETT their government in the hands of what
ever Nagabonas chose 20 usurp it. Like all other
faults, this one is nov working out its own
punishment. The whole State has only been
snatcbed from universal chaos and anarchy by q
revolutionary movement, and deliberate though
necessary violation Of the law by the first men in
the country. But this perilous experiment id
DOT exhaust the measure of retributon. Nov
couts-worse almoss than Revolution -Repudia-
ton; an California exhibits TO the world not
only people whose virtue /. sho vn in their COZ
tempt OF law, but people among whom II is jus
ucc and honor TO defraud honest creditors Of
their due.
We say il IL Judgment a righteous judg-
mont California may make What amends she
can, ard pay principal and interest az soma fu-
ture day. But she caunot wipe the stain from
Der annals She cannot obltIate from mems
memories The damning fact that her people are
20 unfit 20 exercise the duty Of seli-govefcment
that they elect magistrates who violate the laws,
ard Who use the high and honorable name OF the
State 10y the authority OF the people, for the pur
pose Of swndling tue public. These are things
which are remembered For a generation, at
least, the Californians will lie under stigma aud
reproaeh. Men will be shy of them, and cool to
them. Not that they have shown themselves acy
more dishonest or less honorable than their neigh
bors, but because they have given evidence OF 50
little saeaciiy, and so mnch recklessness thai one
never can he certain that their elected agents are
not professional knases WHAT has been done,
may he repeated. Future creditors OF California
can never be cert Ala that the parties with whom
they contract-hewever high their Office aui
large their esteem in their State-are not vio-
lstDg the law and dcfrauding their constituents
and their creditors together.