The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1860-02-07
rh.v stimulated that all taxes on the 75o,.

W. take j, for granted the writer does not
si.pute the constitttionality either OF the con-
tract with the general government accepting .ne
terms of the grant of 1852, or OF tina; oil 1900,
urder the act of that wear, although both OF them
made the State as directly party TO worn
Of internal Improvement as she Is III maintain
ING the asylums for the insane, the deaf aud
dumb. or the State penitentisry; and plainly anu
onenly ..eno1ged' her in ~ ia carrying AZ on.
| II is TOO late 10 raise this question. Not only
the Legislature, but Jour Erec'ltires, one Cir
chi, Court. and the Supreme Court have recog- |
nized the validity of both these contracts. And
/ the Supreme Court have unanimously held that
even the remission or tdres for the beneht OF
the canal contractors was constitutional ana val
! il % that bv all the braches OF the State Gov
ernment-lesisl,ive, executive and Judicial
these contracts have been treated as binding
/ upon the State
| Well the next question Is, can the State issue
I its bonds and borrow money upon them, 10 keep
this canal in repair:
As We have already shown. the State has
power, under the present constitution, To enter
/ into TIL. contract. If she NAV do So, she may
certainly perform and fulfill il. A different view
would be idle. An authority 10 enter into
! contract without the power 10 perform II, would
be an absurdity too great even for Postmaster
Walker And if the State may perform II, and
If she finds il necessary 10 raise money III order
TO DO 50, (as she certainly must she surely must
have the power 10 raise the money.
She has a right TO make good her engagement
ment with the Government, and 10 make the
donations of land cifectua for the en- Is they
made for. She took them upon the terms that
she should finish and maintain the canal. In
doing this, the necessity for repairs was fore
seen that an exigency mi ght arise on which 10
await the slow process o. levying and collecting
taxes To pay ior them, would insure the stoppagc
OF navigation through the canal for whole sea
sons, its irrepsrabe injury, and even its destruc
ton. That 10 avoid this the State must resort
to immediate loan of money il perfectly OBJ
vious and that such a loan is debt authorized
By the Constitution Is as evident az that the
State had authority 10 enter into the contract
with the Government on her acceptance of the
grants.
But. SAWS the writer, section OF article / Of
the constitution declares that scrip, certitl-
cate or other evidence of State Indebtedness
I shall be issued, except for the redemption Of
/ stock previously issued or for such debts are
1 expressly authorized IN this Constitution.
Granted Yet section . expressly authorizes
the State TO accept grants of land or other prop
i erty for purposes OF internal improvement. And
D gudcr this clause IL cannot be denied tina; the
n State may enter into terms with the grantor as
: 10 the conditions and purposes of the grant, and
1 may covenant and agree, "a she has done in the
present instance with the United States, TO f.ifi
! he conditions and perform the considerations OF
Il tie grant. In consideration of the 10000
t acres, she has among other things agreed 10
Il make repairs that NAV be necessary 10 keep the
= canal IN such Il condition as TO pass the vessels,
troops and property oi the grantor, the United
: States through it, from Lake Huron To Lake
: Superior, and from the latter to the former. II
# 1t be necessary 10 raise money by loan DO this
thing, that is 10 carry out the Objects of the fed
erai grant and the State acceptance aud To do IL
1 at once and without delay she is bound TO do,
o then she may, upon every principle of the inter
Preta'Ion ot constitutions statutes and contracts
$ incur debt in order to raise the necessary
+ amo mt of money To make good her contract.
: TO deny that tins is authorized bv the constitu.
ton IS 10 deny that she may enter into any terms
: with the SrantOr, and Ia assert that the grGntor
must make his grant of land or other property
! without consideration or bargain, and subject Ia
no other trust condition than that il il made
] to the State simply and solely TOR internal i'm
: prorsmem: Il narrow restriction which il not
found IN the constitution at all
' IL Is To our mind perfectly plain that State
L indebtedness arising from a grant encountered
t with such conditions and liabilities as the one in
: question, is An Indebtedness for which the State
is fully authorized TO issue scrip "certit-
Gates or any other evidence of state indsb,.
, eines-, as means OF carrying cat and pertor.
: ming the terms of the bargain and that without
3 this power the State would be disabled TO make
any bargain whatever with the party granting
. lands or other property. And it is therefore
such an Indebtedness as is authorized 5y tbs con-
.titution.
. Bat the writer will say, the Indebtedness, in
order L" justify the ISSUE OF scrip, &c, must he
Ian Al
matter OF such moment II mere bubble about
words is useless. The clause does not saw. an
terms authorized by this constitution, but er-
} prcSSiy authorized. Had the former been the
language, then certainly scrip could have
h"ch Issued except for the. debts authorized
bF section ., To be contracted to NEE,
7 d.fcits n ne reoea"e, and for TIL. purpose MOI,
; exceeding al any one time $50, OoG debts lSec
- " To repel Invasion, suppress Instruction or
deis'ld Tie state IN time of war" and debts al
ready existing IN the shape of State stock ae
mentioned IN section :. But the right of the
state to contract debts is plainly not limited 10
4 deficits in the ordinary revenue, or to the
eAIgencies OF invasion, Instruction or for
On war but extend. 10 the power of acquiring
lands or other property by grant, for internal
improvements, whoever the grantor NAV be
me word expressly in the eth section, has it's
ordinary popular meaning, which il not equva-
lent - the phrases IN terms or 'aJore.' or
| Jorego,nP. or 'dfOrHsaid' or any such phrase.
gong 10 show limitation and restriction To- the
particular subjects actually named in the ins.ru-
lnent; but only plainly obviously Clearly
| THIS - Us popular signifcation. the sense in
| winch IT was nanIiesty regarded by the public
men and the legislative bodies who have acted
on the subject
IL is no reply To this argument for the power
20 say that 1t may be abused. All legislative
| power NAV be abused, and the only remedy in
TINS country Is tie enforcement Of the response
~ before Tho people, which pertains to each
member. The question here il not one of the
abuse, but OF the existence of the power. II
/ must then be conceded that If this be such a
WORK o. internal improvement a. 10 mentioned
IN the 9th section, the State has right To con-
! tract debt on its account, and To evidence tina,
debt he State scrip or bond in the usual form
and that the case falls within the execution con.
| taiuei in that section.
II tins cannot be done, and if the repairing of
the canal, which, as We know, has been liable on
almost any day during the season Of navigation.
| TO be burst asunter by storms, must in all
/ cases await the slow process of levying State
TAX out OF which to pay the expense; then the /
power OF the S'ate to protect il and TO furnish
! the Government with a "puJiic higtvqv' /
| through II, Is vain d tarcical
buI the power 10 borrow stands firmly and /.
securely upon the power Of the State to con- /
. s.F.f 81