Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-03-12

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Government already too large Unwilling to trespas
upon the time OF the reader, to occupy mure space
in the columns of the Enquirer" We torbehr to dis
cuss these collateral topics il.
ForM Enquirer.
TUE LATE Observation-Disclosures IMPROVE
| MENTs-TIIE CONSTITUTION.
Msssrs Editors:-It is conceded by all the presses
If eyery party, and by every individual in the com
nunity, L believe, that the late Legislature was
pnli;ica anomaly, The like of which every body,
| In psrtie. homes never to again. Its adjourn
! ,oant, however desirable, the most remarkable
event in the history Of the Commonwealth. For the
first time, the Legislature adjourned without passing
n single important bill; without passing tax bill
or AN appropriation bill, and without electing ain
| yle public officer. No man can censure the Gov
crpor for re assembling the Legislature under sucf
| circumstances, yet, it | had been in his place,
| would not have convened it, or, ii did, won,d
have done it in the month of July, by which tune the
people would have felt and fully understood the out
rareous conduct OF their representatives. and ihoss
gentlemen would have sweaed literally and in eve
~ other wey under the heat and burthen O! day
OF their dspleasure. But these matters for the
| u,nple 10 consider. My object il briefly 10 enquire
into the causes Of this strange result, in order il
correctly understand them, TO suggest remedy which
shall As did like ills in the future What, iheu. wer.
the causes of the complete emasculation of the late
Legislature, OF all useful capacity and its extraordI
nary adjournment!
| Ibeisye every one who has been observant of the
course of the Legislature is satisfied that The promi
nent Causes Firat, hostility to the Governor
causing the consumption ui vast deal OF time, winch
ouyht TO have been devoted 10 useful labor, in tact
Gus debating, maneuvering aud intrigue; and 81
coudy, hostility 10 internal improvements. Now, 4
these causes be gotten rid OF for the future the
necessary business of the State may be soon dons
| and think they may be.
has been sufficiently manifested 10 satisfy bis bitter
-st eueiIes and therefore, might Tor the present. q
least be suppressed. Since there ID nothing before
| the Legislature which affects him IN anymhnn-r, NOR,
than il does every other clrize and no subject or
question: the decision of which. IN any manner, car
either advance or depress him. thIuk, therefore
that his most rancorous foe may we'll determine tina
! in the coming session he will work f"r the Common
wealth, and not against Governor Wise merely. L
all will ruucnr in this patriotic determination, the
| fret cause OF the evil will be removed
AZ 10 internal mprovemanlst! the great difficulty, a
understand, arises from the proposal 10 lend tn.
| credit of The State 10 the Orang. and Alexandra
| Railroad aud other works OF a similar kind.
And here suggest that 81 far consideration at tho
Sh section of the iti article Of the Constitution vii
remove that difficulty. by determining that the Leg
satpr- has constitutional power Ia lend The credit
oi the State 10 emy internal Improvement company.
by that arcl. IT il expressly declared, that - til.
| General Assembly shall not pledge Ill" faith OF the
STATE, OR BONDS IN ANY FORM, for The debit
or obligations Of any company ar corporation Now
| ak. with all respect II lending the bonds M fh'
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form Tor ths debts Of the company 10 moi, then
| Tor whcse debt does the State become bound l. il
for the debt oi the State! The answer must be nv
for the State does not owe 10 the Orange and AeXan
dra Company, any creditor OF II, any debt Ii abe
does no man will object to paying ltand there is
10 other party to the transaction except tbs company
besides the State, if the debt 10 be paid be not The
debt Of the State, il must, OF necessity be the deb
Of the company.
But it may be said, that the State has right Il
h.,rh aba IN A.,
the money obtained by the sale OF them as she pIeasea
Now submit that this is not true i'll whoe or in pnrt
The General Assembly has not AL absolute, unquali
| fled right to issue bonds 10 any amount 1t peas-s
when no existing obligations OF the State requires It,
and 10 the people as they must dol to meet them
Ii the State debt, the Legislature may borrow
money, by rule Of bonus TO pay III but it will moi
surely be maintained, that the Legislature may con
suioually bOuda and sell them At its pleasure
| when the State owes no debt. The power TO ssu.
bnnds under tn. existing Constitution Is co.extensiv.
with the power to tax nud no greater, hecaus. n'
debt can he created without imposing a tax 10 NEE
it, unless the Legislator violates his oath; and when
therefore, there is ushable occasion 10 tax, ter.
| is no power to lssue bonds.
But let II be conceded for the purpose OF the argu
mrnt that the bonds may b. made and sold; what Il
| to be done wish the money! Can the Legislator,
| cnstitutionaiy lend the money 10 u company, not
wiihstandng the declaration IN the article Of the Con
suon above quoted that the State shall not be bounc
.ia any form" for tho debts or obligations OF com
pany Will not the State be bound in the most ctiec
tive form for the debt Of the company, if il advances
the money Ia pay H. aud takes this bond OF the compa
nv for the return al ~ In what form can bind myself
so effectively for the debts OF another by giving my
bond for the amour. Of his debt. either 10 his credi
tor or TO some who will lend me the money 10 pay
the debt with, and then applying Tho money thus Dor
rowed To The payment o! the debt! After give my
bond il is rne that il il my debit but the question ls
how was my debt creatcd and the is. "by rs
suuiins the debt of my friend" And is not the Legls
laturc forbidden by the Constitution to assume the
debt of any company or corporation when II Is forbid
end to bind the State "W ansjorm" for the deDtf 1t
become my friends security presume thereby pay
the debt il he does no. but ii give my own bond
for the debt PROMISE to pay it Internationally. Is
the latter less effective form of binding myself to
nav the debt than the rsl think every man must
answer no. The loan of the money by the State after
sale ut the bonds does not help the case then and Ii
IA unconstitutional as loan OF the bonds would be-
But, again. Suppose the Constitution to he wholly
silent upon the subject, has The Legislature the right
To lend out money 10 any one whether company or
individual maintain that il has not Ii 1t las, II
is BY virtue of ia general power to manage the affairs
OF the Sialu aud not by virtue u! any special autho
rty in any particular clause Of the Constitution And
il has the pcwerlt has unlimited discretion IN 1udg
ing Of the object or person to whom the loan 10 be
| rna... Aud then ask will any man MAINTAIN that
the Legislature may lend money out OF the
Treasury 10 private Individuals | an sure
| that not ono man in the Legislature will con
tend for such power aud no., he case Is surrenuereu
for il The Legislature cannot cunstirItonay lend mo
ney out OF the treasury 10 man, they cannot led
it to several men, and if not to several then not 10
company; because n company is nothing but several
combined TO do what could not does not choose
TO perurm and moreover, ii the Legislature has HE
power to lend, aud the consequent power 10 say ia
whom il will lend, ii may lend To I'm individual As well
Il company, and il it has not The power TO say tn
whom II vii! lend, ii must show special authority TO
lend to Il company, which it cannot.
Again, when a contract ia made for the construc
ton OF railroad, by whom is it made! BY the rail
road company. When the contract ia made, whose
Is the deb, thereby contracted! The debt OF the com
pany. When then, the Legislature provides tor the
payment o that debt, either before after il is con-
iracted, does it pledge the State for the payment
ot the Debt of that company, and thereby violate the
2S'h section OF the lih article which expressly pro-
hibts it from binding The State "m any form for
the payment OF ";he debts obligations of any CON-
pauy or corporation
If this be not So what il the limit to the power
of the Legislature to lend The public money, and con.
aequenily IL tax the peoplel II il lend to ons
corporations il may 10 another, md thus il may lend
any city i'll the Stale money enough TO pay il. debts.
Now, beg 10 b. Informed, If there is in the
Legislature who supposes that the Legislature has
power 10 lend to the city Of Richmond money enough
to pay its debts, ar 10 improve its hRrbOr 10 pave
lis streets, and 10 lax fhe people, or, it the lOsn Ia
made, it must do to raise le lund to NEE: the debt!
Aud, it not, whyi Why is the Orange and Alex
and,a Rsil Road Company (fnr in-lanca) batter eni
tied tn loan from the State than tn. city of Rich
=. ha a,I hot M, a