Weekly Minnesotian and times., 1859-12-24

the power where:t would otherwise be i'm
pled. must necessarily be to define and limit
1ch power.
The case of McCullock us. the State of Ma
ryland, does not contravene this position for
no such point arose; and the portion of the
opinion referred to, refers only to powers that
may be implied in constitution. In our con-
stitution, the powers in question are expressed
and their oppression necessarily forbids any
implication of power.
The portion of the Amendment, in which
''the faith and credit of the State are declared
to be pledged for the payment of the principal
and interest" of these bonds, was not over
looked in my examination.
The Amendment does not grant or profess
to grant any additional powers of taxation; it
is confined to specific purpose, to wit: that
Of loaning the State credit and makes "spe-
cial' provision for this purpose, thus: ''Each
company shall make provisions for the pune
tual payment, and redemption of all bonds
issued and delivered as aforesaid to said
Company, and for the punctual payment of
4" the interest which shall accrue thereon, in
such manner as to erOnerate the treasury
of this State from any advances of money
for that purpose; and as security therefor,
the Governor shall demand and receive from
each of said companies, before any of said
bonds are issued, an instrument pledging the
net profits of its road for the payment of
"of said interest, and a conveyance to the
State of the first two hundred and forty Sec
tions ofland," &c.
The Amendment also provides that cor
responding amount of first mortgage bonds
shall be taken from the Companies, and be as
assets in the treasury Of the State to meet the
accruing interest and principal of these bonds.
These were the means provided to redeem
the pledge of the State-not taration!
The amendment then provides, that "i in
case either of said Companies shall make
default in payment of either the interest
/" or principal of the Bonds issued to said Com
"panies by the Governor, no more State
Bonds shall thereafter be issued to said
Companies, and the Governor shall proceed
Gin such manner as may be prescribed by
claw, to sell the lands of the dcfaulting Com
"pany or Companies, or the lands held in
"trust as above" &C.
There is not a word about taxation to re-
deem the credit of the State, and it is to be
observed that this default of the Companies
in providing for the interest, implies the non-
payment Of the interest by the State itself;
and yet, with this prominent fact before them,
the trainers of the amendment simply provid-
ed, that the securities of the Companies should
be disposed of to meet the emergency-6ut
not for dollar Of taration!
You readily admit the force of this argu-
mcnt, by your seeking to supply the absence
of the power of taxation in the Amendment,
by resorting to the express provisions in the
original Constitution, which you endeavor to
construe to suit your purpose.
Thus, you say that the interest and princi-
pal of these Bonds, in case of default, would
become AN ordinary expense Of the State
just as effectualy as any other expense" and
therefore, be provided for in Section 2.-and
seems to admit, that it would not be covered
by Sec. 5.
These Sections are as follows:
SECTION Q. The Legislature shall provide
for an annual tax sufficient to defray the es-
timated expenses Of the State, for each year,
and whenever it shall happen that such ordin-
ary expenses of State for any year, shall ex-
ceed the income of the State for such year,
the Legislature shall provide for leying tax
for the ensuing year, sufficient with other sour
ces of income, to pay the deficiency of the
preceding year, together with the estimated
expenses of such ensuing year.
Sec 5. For the purpose OF defraying ex.
traordinary expenditures, the State may con-
tract public debts, but such debts shall never,
in the aggregate, exceed two hundred and fifty
thousand dollars.
Section 5, then goes on to provide for a
tao to pay the interest and principal on such
public debts, etc.
Then follows Section 6, which provides
that "all debts authorized by the preceding
section (5) shall be contracted by loan or
State Bonds" etc. Now, this shows clearly
that the payment of interest or principal on
the State Bonds, is not deemed an Ordinary
expense" provided for in section 3D. but
would be classed as an extraordinary expen
diture, requiring a special tax. You might as
we'll contend, that the interest and principal o.
the State Bonds provided by section 6, was
an ORDINARY expense" and therefore pro
vided by section2.
1t will be seen, also, that the ordinary ex
penses contemplated in section 2, have no con
nection with Public Debt or Loan for the
power to contract Public Debts is expressly
limited and granted in section 5; and th'
''ordinary expenses" referred to in section 2
are the ordinary current expenses of the gov
ernment unconnected with any State Loan o.
Public Debt.
, Independently Of the plain meaning Of th'
} Constitution, Loan of Credit of Five Mil
, lions of Dollars, would be anything but ont
of the ordinary expenditures of Government
and, compared with the limited power IN Sec
5 to issue Bonds to the amount of two hun
dred and fifty thousand dollars for extraor
dinary expenditures, the Five Million Loal
would be most extraordinary expenditure
The weakness of this point, which is main
e ly relied on, convinces me of the force of m,
suggestion as to the defect Of the taxing pow
, er. Nor, can believe that such an omission
$ was accidental, when those who were instru
mental in framing the Amendment assures
: the people in Public meetings, that there wa
ample provision to meet the Bonds; by tn
3 securities pledged by the companies; an
j. when the members of the legislature VIII
j voted for the Loan, in their united manifesto
pledged themselves against the tax.
o 1t may be a source of regret, that such
d rotten graft has been inserted in our ConSt