The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-10-27
Chatham Railroad Bonds.

We have tried IN vain (says the Wilmington Jour
nall others have, to get copy of the Protest sign
ed by fourte Senators of the North Carolina Legis-
lature, and filed upon the records of the Senate,
against the Chatham Railroad Bonds for unconstitu
tionality. These Bonds will later, be the
subject of judicial nvestgation If the State should
refuse hereafter to pay them, let charge her
with reputation To the purchaser say careat
enlptor. 1t is gross violation of the Constitution
and ought not to be tolerated.
The Protest was drawn by that able and learned
lawyer and jurst, Judge Osborne. The following is
nearly the language of this paper, and is sufficiently
correct to give the positions of the Senators in pro-
testing against this illegal appropriation of money,
having been drawn from recollection of the original
Protest by its author:
The undersigned, Senator's would respectfully
enter their protest against the passage of the bill
giving aid to the Chatham Railroad That road, by
its charter, is well known defined Railroad, with
its beginning at Raleigh, and its terminus at a fixed
point in the county Of Chatham. By amendment
Of the charter this road has been extended point
on the South Carolina line This amendment was
adopted at the present session. From the terminus
in Chatham unto the terminus at the South Carolina
line, it is manifest that road is created. The
Constitution expressly requires that all appropra-
tions for roads shall, before they become obi
gatory be submitted to the popula VOTE and be rat
fed by the legal voters of the State at popular
election. The Constitution cannot be evaded by the
extension of Railroad beyond its original limits,
to give it the character of unfinished road BY
this process that provision of the Constitution which
was intended to be restraint upon excessive ap
preparations of the public money, would be rendered
nugatory and unavaiiing. The meaning of the Con-
stituon clearly is that roads which created by
charters subsequent TO its adoption, should not re
ceive aid from the public treasury except by the APP
probation of the people expressed at the ballot box,
and whether such road is created by charter di
reetly OF by amendment of a charter is wholly
immaterial.
This appropriation violates another provision of
the Constitution equally clear and conclusive No
appropriation of public money by which the State in
cars pecuniary obligation can be made unless IN
the bill making it there be provision for the pay
ment of the interest annually accruing. This pro-
vision of the Constitution is universal in its appca-
tion and relates all classes public mproy
indeed every object for which the State incurs any
peeunary obligation.
Both provisions are violated in the bill granting
aid to the Chatham Railroad, and the bonds thus
issued not obligatory the Legislature on the
people of North Carolina.
In explanation and support of this Protest against
the legislation appropriatng two millions of State
Bonds for the Chatham Railroad, publish the
clause of the Constitution which bears upon it,
Art. V. Sec. 5. Until the bonds of the State shall
be at par the General Assembly shall have no power
to contract any new debt pecuniary obligation IN
behalf of the State, except to supply casual deficit,
for suppres5ing invasion Instruction, unless
it shall in the bill levy special tax to pay the
interest annually. And the General Assembly shall
have power TO give lend the credit of the State
in aid of any person. association or corporation, ex-
cep to aid in the completion Of such railroads may
be unfinished at the time of the adoption of this Con-
stituton, or iii which the State has direct pccu-
mary int crest, unless the subject be submit ed to
direct of the people of the State and beapproved
by.a majority of those who shall vote thereon.
AS the Protest very properly says that from the
terminus in Chatham county to the proposed termi-
al the South Carolina line it il manifestly
Railroad, and all appropriations therefor must be
submitted to, and ratified by, the people of the State,
before the bonds issued for its aid can have any
legal or binding force.
We have referred to this subject in party spirit.
but to protect the future honor of the State.