Saint Paul weekly Minnesotian. [volume] (Saint Paul, Minn.) 1858-1859, 1859-10-01
No. s---Letters from WIN. L. Bann,n, -
D., George L. Becker Esq. =
Eeo T. RerLer E.o

SIR: In my previous letters believe me
sir, written more in sorrow, than in anger
gave you the secret history of the celebrat-
ed and Infamous Thirteenth Resolution of the
Democratic platform and, also brief sketch
OF our State legislation in regard to the dis.
posal of the land grant, and the passage o.
the fatal five million loan bill. Now, sir. 4
you can spare a little time from your urgent
partizan duties to look to your professional
standing as lawyer, and also your character
as man-of at least moderate share Of
common sense-I will, in the same spirit o.
kindness that has characterized my letters to
you, and in as brief space as 1 can, guard
you against the further PRONUNCIATION of such
monstrous legal heresy, as you, lately
preached at Winona. Why, sir, the most un-
fortunate speeches and strange legal position
you are making and taking before the people Of
the State are not only running you, but, so
far as your legal opinion may have weight
among the people, (when its true value is not
KNOWN are doing real and permenant dam
age to your fellow citizens. And, here sir,
allow me to say, that do not arraign you be-
fore the ear of public opinion and hold you up
to the gibes and laughter of the gaping crowd,
because l believe you to be bad man, or
willingly intend to be an enemy of the State
1t is not for this that seem to trample on
that amiable nature and those delicate sensi-
bilities which, had you been woman, would
have made you so lovely. No, sir, it is not
tor this-it is not because am your enemy,
q am your friend, 81 am not prompted to
one spark of malice by the recollection of the
black slandero you uttered. against me in a
public speech in which you said propose to
dishonor the State by reputation. No, sir.
i'll were indeed your enemy would CO.
Oh WIN thlS miserable abus" -.y, "gc
yoursen II you VIII -. and build fol
State,a ve- Cow oo-ner If tn,
pyramid of infamy'-but mus
lot wrong you thus-nay, l must not perm
YOU thus to wrong yourself. This woul'
be false to our early friendship, and what
mucb more than all of this, false to the grea
stake and weighty issues and interests ina
are now pending before the people OF I'M
Young and almost ruined State.
Was this a mere personal matter, woul
E say to you-"Sir, you have done yourself no
me. Injustice: you have so cheapened tt
price of Islander by Cutting the market wit
it that your brethren of the bar are turnir
it against you, and jealous of your rising sta
are using it to damn your reputation!
"They say that the legal positions you hay
: taken in regard to State policy in connectle
with our land grant Railroads, tout Hero
v Herod"-and that the ghost.of the legal OPP
ion YOU delivered at Winona will, hereatte
:. haunt you when you come back among
l. worse than did the ghost in Hamlet that
J. ratio son." All this they say and more-th
.s invoke the shades of Blackstone and the 81
A. stance of Minnesota law, and taking advanta
% of YOUR absence as you did mini at Vino
20 pour all kinds of ridicule on your devot
1, head.
ID | now give you your speech as l
in it from the paper, and but that heard Il
+ same speech in St Paul from the mouth
o. four of the "Forty" (and thus know tt
to it was set down for you before you leftO
a. should have thought the reporter, with NAL
ct tprepenee, had mlsquoted that he might
jure you. now quote your speech
lis "The interest on the Bonds already issl
O. falls due on the first Of January next. I
Companies must have the interest ready
the first of November proceeding. The Co
In panies, having exhausted their resources,
IS faul must ensue. 1t is contcnded by Repl
n licans that the State can buy in the TO:
~ and thus re-nvest itself This is not true
Vi As a lawyer, maintain that the State
es no right to bid in the roads in case OF deta
n and sale. The State can only pay out MOI
n in accordance with appropriation bills pass
= by the Legislature. She can make no p
v chase except the payment thereon or the
lie for he provided by Legislative appropriate
tn There is no officer or other person author;
re by law to bid in these roads for the State
sold, they will sell for song to third CO
panies. In this event the State might pO
r. bly, get something-but he did not believ
le- would. By foreclosure and sale the State
hausts her remedy She has no farther ri
in the roads, and is still bound to pay b
h. principal and interest of the Loan. All
would have to pay with would be the m
song she might receive for the roads. WI
ly would be the result? The roads would p
It. out of the hands of the present CompaI
-: the States securities would be eXhauSte
se Now, sir, the truth and law is this, and
CHI no means as you have stated it. The st
an is at present substantially the sole mortg
creditor of the Railroad Companies, and
If, on foreclosure the proceeds of sale Of the
IN sets of the Companies, including the francl
I'd es etc., would be payable over to the State
ic the amount of the mortgage bonds held by
a. State, principal, interest and costs; for, in
I'd much as the lien of the mortgage would
tie Invested by the sale, the fund arising fr
as the mortgage security would stand in place
ID the security itself; this is familiar princi
to in the law and recognized by our own statu
IS see Revised Statutes pages and 400 and 4
IL IL Tic Oldlc SIlOulu Uc d dt lIlC ,
to and buy in the road at an amount not exec
ing the amount of principal and interest Is
he two or two and half millions of dollars
D. no appropriation would be necessary a
a the receipt of her Attorney would be a sal
a faction of the bid.
There is no doubt that the State is flu
:, authorised to institute proceedings of force
r, sure in the present case, in case Of defau
h and it would be strange indeed if the ST.
e should be debarred from the privilege of {
l. cry other suitor, to wit, that of protecting
d claim at the SALE If such were the case the
t. curity of the State would scarce be wor
& the paper upon which the mortgages or trr
| deeds are written. And here an attempt
made nv VO,, acnir;pp 1,o,, oro 10 10 4