Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-01-14

that If tbs Constitution is to contain any pro-
vision UPON this subject, there is manifest pro-
pricty thai it is mandatory upon the Leglsta-
ture to pursue that course OF policy when IS
indicated by tho Convention. But L beg again
to say that the idea will be found d%cluBlve. II
it be supposed that a sinking fund is really
available for the ext;nguishment OF the public
debt. unless it is created out Of an actual sur
| plus in the Treasury, which, apprenend, is
not our condition.
Mr.. HARyIE-I agree with the gentleman
from the city Of Richmond (Mr. MAcFARLASD)
that ths borrowing O" money, and the setting
Apart for q sinking fund does not pay debts.
BIZ, as ! understand this provision, no such
; pnrposs i. contemplated.
This section says:
''Tncru shall be set annually, from the Sc
cruiny re7crnes, q sunl equal 20 seven per
cent Of the State debt existing On the GGst day
OF January, 1852
We do not know tho "sccruiug revenue."-
The revenue Is derived from tax,ion, and it IS
right and proper that IL portion of that reronus
should be set apart for Lie Intimate ~extinguish-
nent OF The debt. And, sir, when It is known
tina; yhe Legislature had faithfully observed
the constitutional obligation which was i'm
posed u3ou them, to Set apart this portion Of
the revenue until 4 state Of things supervencd
which made It NECESSARY To appropriate Tho
sinking fund and divert il from It's original
puruos-, it vii! he UNDERWOOD by these from
whom VT may now borrow money That the same
stric. fidelity 10 this ALLEGATION will be observed
IN the future. But if We Tow rcfuss 10
make provisions in the Constitution for
the payment Of ou debts, it will be, in my
Judgment, considered by all capitalists a de-
claratiUn beforehand that we do not mean to
provide fer the payment Of our debts. lfthis
Convention, after the committee charged with
the duty reporting amendments 10 tue Con
s~,itutioa had embodied o CLAUSE in that !ns!ru.
mcnt making i, obligatory upon the Leyisla-
lrre 20 provide Cor the ultimate <xtiiguish-
ncat Of the debts which the State MAY coli.
tract, should now strike out that provision,
the effect would be 10 impair the credit Of the
State III 4 very serious degree.
Mr., MAcrAgLaHD.-Will the gentleman al
low uo Ii interrupt him lor Il molnent7
Tho gentleman remarked th&t a clause ,e
the Constitution requires that there Ehhil be
set apart cut OF tho revenues of tie State, n
certain amount to constitute e sinking fund
that is the language If the clause-out Of the
accTuing revenue. II the accrulhg revenue be
INSULT Gent fuC The whole expenditures OF the
State, there must DC, OF course, a deficiency,
and that deficiency will be exactly in proper
ton to the amount diverted fr1m the reeenue
received, 50 thai there isa necessity crca!ed
Tor an increase Of revenue.
Mr. HARYIs-I take it that tbs saIIe patriotic
motives, Tie same fidelity TO constitutional
requirements, that have heretofore induced tho
LrgiSlatnro 10 provide for the obligations Of
the State, will induce them in the future TO lay
an amount q TrcvynuO sufficient to provide fer
their redemption. was not a member OF the
Convention; that fratnod The last Constitution,
| waa opposed then, as ! I'm now TO a large
portion Of tiat Constitution. But | will state,
that if there wa:; any one provision moro than
another IN that Constitution which %cotanlond-
ed the entire approval cf the people, it WIRE that
which provided ior the cxtinguishnent Of our
debts in 81 Caars.
Mr.. P~RssToY.-l regard this question as enc
Of great Importance, and ask the yeas and
nays.
sr. BLAKET Il would not tcnnble the Con-
vaaiiea with any remarks, but that. desire &c
caii The attention OF the gentleman from Marion
Sir. HAYNoSp) and other gentlemen 20 what
setnrs 10 nc 10 be Il great fundamental, cNnsii'
t%,,t;orcl provision, 5.iiicl gentlemen seen IL
have lost sight Of
I canclr 1uiiy 10 tie remarks VI the sentl>-
man from Ar=lia (!Gr. BAs7ig.j What - the
tt,eorT ni our govern aienLH TTe Congress OF
the Confederate States has no power except
surh e. Is conferred upon them By the UoEstl-
iu.iou or mhich is necessary ~ carry out q
clearly guaranteed power. But that IL not lie
c:Hc in reference 10 q Stale Gonht!tuti'h. Inc
Legislature u Il State has power TO pass my
- 49, -'-f g., -. VII e Sty =
IL the ucn.l:titinH. Tins Dcirg TRUE, II IL
uhnIrc2ssri Ia ;,.sc tbta 9ac!!0n At al, III Inc
form III T!:.cn ;II Amendment: .! lae genlir.
man from Marion (i!r. HAYNoND) would plach
il. He PROPOSES that tho Legislature may do
It, that il, may d. il nr not, n their dlrec;!nrI.
The clauses might just rs we'll DC stricken out
as retained with ;iIla arncndnncn! c;no"d!rd IN
ii. There IS no provision in any Other part of
the Constitution; and the Legislature viii haze
the po@cr - exercise The discretion ":t:Ihut
The prnrii;cu, IT,; lie propose. 70 amend IL -
that Il lie s.Iia 81 Ills GbnT.nl:on IS, ina! she
discretion shall :nrcst III the Legislature, The
proper mode o. doing il IS 10 strike out the
clause altogether, because 10 leave 1t III Inc
form in which the gentleun.:l rom Marion (Ar.
H~.YMo3pj proposes to place 1t, ls TO put an
unnecessary clarisc in the Constitution.
Mr. H.YuoND Can | ask the gentlema' a
question:
| wish to know wlhihsr tlu Constitution
should DO ~spcciii: dr S~yeiio;a! in It's terms aiih
xhr:hrr he is unwilling to trust the Leglsia'
tuTe-
Mr. BLAkrT.-My answer is, that in these
Gases in which | am wiling 10 have The exeT'
else of power TO the Legislature, will SAY
nothing about it in the Constitution.
Mr.. KIsoKro.-i call for the previous quts-
ton.
The ca!l was sustained, aid the uIaIu quta'
ton ordered to lie put.
Tho cali for the years ana rays made by
Mr.. Pgrs7oii vas sustained, aud the Tote be-
irs taken, re~su!tcd-yeas 0, nays 95-ss
follows:
N~Ars-Aeasrs. Msr:esue, lpEe.iient} amber. AIH-
Boyd. hraTn.r, Brent, Byrae, CaosiI, osnpoeil, Csp.r'onr
Garter, Cfcl, CnauG=Es, Lhaublis', ~Chapmar, cofman,
Coau, Q. b. Conrad, Robert i. Conrad, cosan, u, Cte'
zap. Cu.,il, Dssk!Ds, Dorman, Dulany, Fisher. fugate, Gar
isnd, Ollie. pie, Graham, Gl.reII Gogcin, Addison Ball.
G55EE I'i; HaTTis, bsndrru, LICK. HoeoP P I RInS,y
Mcclure, Mcneil, Macfsrland, Oh. Ma Tory, J.B; MALLORY,
Marshall, Martin, Mnrye, ST, MaS'iOI atas'sfs, Miller; Mot
Preston, Price. Push, Randolph, ~sanud=r., ST., SHARP, shst'
fey, ~Siuidstcr, ~si4urhter. sp-td, spIFlo;k, Staples, stui IT,
sutherlin. Tasloe, Thornton, !red"aJ, Rohsft Il: Iarner.
Tra7kiIo P. Tu: ner, Tyl-r, Waller, Hhitd=1i, Hil'!am3,
| Wood, WJsOr, YouTs-sa
So the amendment was rejected.
afr. BouLDI*.-I move to amend the section
ia Tho 4th linz, BY striking out ihs word 'hf.
IT," aaG Inserting the word sixty"
Propose so % alter this claus, as to
sav that there shall be get apart an
nuaily, from the accrring revenues, a sun
counl to seven per cent Of tho State de:e eX'
| isiirg on the 1st day Of January, in the sea:
! one thuusand eight hundred and sixty Two
and / make thi, proposition for this rcasoo,
that j! you insert CO. you will provide at
/ cncr Tor ali tho isbt no7 existing, and you SO
On to proTide Tor the debts TINT shall hereafter
be contracted, without sny inconsruity in The
| clause This constitution spoke ten years
nso. 'Whenc7er, after the said Glst day Of