The Nevada Democrat. [volume] (Nevada, Calif.) 1854-1863, 1857-03-11

The State Journal of Saturday contains long
article upon the State debt, and the effect of the
late decision of the Supreme Court, declaring
the debt unconstitutional. The design of the
article is to show that the Supreme Court, in
deciding upon the constitutionality OF the State
debt, are assuming authority which is not con-
fered upon them, and that such decisions should
not be regarded by the Legislature. The nrti-
Gle classes as follows:
But it may be asked what is the object OF this
discussion, which has already been protracteo
beyond reasonable limits. We answer, In the
first place, that an important political question
involving the distribution of powers amongst
the different departments of the government,
may be rightly settled. Secondly, we have at
tempted to show that the eighth article of the
Constitution was only inserted for the purpose
of enjoining upon the Legislature the wisdom
and necessity of so squaring the expenses Of the
government to the probable revenue, as to new
er letTthe one exceed the other by more than
three hundred thousand dollars. At any rate,
we have sought to establish these propositions:
That the Constitution never intended to pro-
hibit the Legislature from paying the honest
debts of the State; that the Legislature are the
sole judges of the extent to which they are re-
strained by the eighth article; that they have the
unlimited power of appropriation; that if in
their opinion it be wise and polite to preserve
the reputation of the State, and save us from
the foul reproach of reputation, they can do SO
by simply appropriating, as usual, sufficient
amount to pay the annual interest to become
due upon the State debt. They should, we
think, respectfully, but firmly, resist the novel
and revolutionary claim of the Supreme Court
to control their action in this respect 1t may
be that law expressly declaring that no writ
OF mandamus or Injunction shall issue to an ex-
ecutive officer, to direct or control him in the
discharge of Ihis official functions, would settle
this vexed question. Should the court persist
in its heresy, it may result in conflict much
to be deplored, but one in which the popular
branch will never be the sufferers
| We believe it to be the duty Of the Legsla-
ture. if in their power, TO make provision for
the payment of the interest on the State bonds,
which will become due in July and January
next; and if this can be done in the manner
pointed out above, that course should be adap-
ted. Should this lead to conflict between the
judicial and legislative authorities, it might re-
suit in settling the question as to the proper
functions aud powers of cHch branch of the
| BONel
But some provision must be made to raise a
revenue for the payment of the debt and inter-
est as it becomes due. This cannot he done I'M
less the legality of the debt is established. The
same persons who would vote against rcpuda-
ting the debt, would resist the payment of tax.
es, if they saw possibility of avoiding it,
Should attempts be made now to collect the in
terest tax, the Courts, which are always ready
to exalt their own powers at the expense of the
other branches of the government, would de-
clare the taxes Illegal, and the officers would
find it impossible to collect them. Provision
must be made by the Legislature for submitting
the State debt to direct vote of the people,
otherwise it will never be paid. The Legisla-
ture can do nothing more than pass the law
this much is expected Of them. The rest must
be left with the people.