The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-12-23

within the power, and is the duty Of the
legislature to provide for it. But even if
the power to provide by taxation, for such
payment were not thus plainly given by the
Constitution, it would be implied from the
very fact that the indebtedness has been in
CURED, and the faith and credit of the State
pledged to its discharge.
The Supreme Court of the United States
has always been regarded as pretty good
authority upon questions of constitutional
law, unless it be by Black Republicans, who
do not seem to have any respect for anything,
however sacred, except negroes.
That Court in the case Of McCulloch vs..
The State of Maryland, 4 Wheaton BIG in
which the power of Congress to establish
Bank of the United States, and the power
of the State of Maryland to tax branch
of such bank, located within that State,
were the questions involved, stated, in its
opinion delivered by Chief Justice Marshall,
that
| A constitution to contain an accurate detail
| of all the subdivisions of which its great pow
! ers will admit, and of all the means by which
| they may be carried into execution, would
| partake Of the prolixity of legal code, and
could scarcely be embraced by the human mind.
1t would probably never be understood by the
public. Its nature, therefore, requires, that
only its great outlines should be marked, its
important objects designated. and the minor
ingredients which compose those objects be
deduced from the nature of the objects them.
selves. That the government which
has right to do an act, and has imposed on it
the duty of performing that act, must, accord
ing to the dictates of reason, be allowed to
select the means and those who contend that
it may not select any appropriate means, that
one particular mode Of effecting the object
is excepted, take upoh themselves the burthen
power to create implies power to preserve.
And it was fully decided, in that case,
that If the end be legitimate, and within the
which are appropriate, which are plainly
adapted to that end, and which are not
prohibited, may constitutionally be employed
to carry it into effect. And that if GER
tain means to carry into effect any of the
powers expressly given by the constitution
to the government, be an appropriate mea-
sure, not prohibited by the constitution, the
degree of its necessity is question of legis-
lative discretion, not of judicial cognizance.
That the end of the amendment to Sec.
10 of Art. TX. of our State constitution
was legitimate, will not, presume, be dis
puted, however widely men may differ as to
its policy or expediency. That it is within
the scope of the constitution is plain enough
for it forms part of the constitution. That
taxation is an appropriate means, and in
deed the only means, now it would seem, if
attaining that end, and maintaining the
plighted faith and credit of the State is
equally apparent. So that conclude, with
out prolonging this article by citing further
authority, abundant as authority is, that the
power Of taxation for the payment of those
bonds is given expressly by fair and rea-
sonable construction of the constitution and
the amendment; and that even if not so
given it is implied as an appropriate and
unforbidden means to the attainment of that
legitimate end.
But Mr.. Banning further urges that the
consideration for which the bonds were
given has failed, or that it will fail, and that
the State has or will have good defence
against the bonds for this reason. In sup.
port of this position he quotes the proviso
at the end of the amendment to the constitu.
ton of April 18th, 1858, which is in the
following words:
Provided further, that in consideration of the
loan of State credit herein provided, that the
company or companies which nay accept the
bonds Of the State in the manner herein speci.
fed, shall, as a condition thereof, each COM
plete not less than fifty miles of its road on or
before the expiration of the year 1861, and not
less than one hundred miles before the year
1864 and complete our.ifths ofthe entire length
of its road before the year 1866; and any fail
IN q NJ rt nj To
plete the number of miles of its road or roads,
in the manner and within the several times
herein prescribed, shall forfeit to the State all
right, title and interest of any kind whatsoever
in and to any lands, together with the fran
chises connected with the same, not pertaining
or applicable to the portion of the road by them
constructed, and fee simple to which has not
accrued to either of said companies, by reason
of such construction, which was granted to the
company or companies thus failing to comply
with the provisions hereof, by act of the legis
lature of the territory of Minnesota, vesting
said land in said companies respectively.
Now, would any body but Black Re-
publican, ever have thought Of quoting that
proviso as af1ording to the State a defence
against these bonds on the ground of failure
of consideration? Without reference to
Mr.. Banning's evident embarrassment, arts.
ing from the fact that even the earliest time
specified in the proviso, has not yet arrived,
and consequently that there is yet no failure
of consideration, and giving him the full bene-
fit of his argument, and supposing that all
the time mentioned had elapsed, and that
the companies had made default, and that
the proviso, instead of being merely referred
to, was incorporated in the bonds, and yet
there is not Ethe shadow of a defence.
What nonsense to talk about the pur-
chasers of these bonds being affected by
notice of this proviso, and of the condition
therein specified. Suppose every one of such
purchasers to have read the amendment
with the proviso, and of what does it notify
them? 1t contains these words: "The
said bonds thus issued shall be denominated
the Minnesota State Railroad Bonds and
the faith and credit of the State are hereby
pledged to the payment of the interest and
the redemption of the principal thereof"
This language is not qualified in the least,
in any part of the amendment. The con.
dition in the proviso is a measure of pre-
caution between the State and the Railroad
Companies. The consequences of a viola ion
of that condition are not to be failure of