Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-01-23
COLUMBUS, O., THURSDAY MORNING,

sembled either in the manner pointed
out by itself, nor by the spontaneous &C
tion of the constituency recognized by
it. The concluding clause of our con-
stitution of 1865 reads thus: s'This
constitution shall. be altered or amended
only by convention of the people, call
ed for the purpose by act of the general
assembly" g .'a . i-',.3l,' .'.' = =
Bear in mind, general, that am now
discussing your proposition, that the
present ordinance is to be regarded "as
an appropriation made by law in the
sense used by the constitution of Geor-
gia, which prescribes that no moneys shall
be drawn from the treasury of this state
except by appropriation made by law
As a logician, for the purpose of the ar
gument, you concede thatI | am bound by
the constitution and are seeking to con-
vince me that this ordinance comes with
in the exception to the prohibition
Now. look at it in the light of the con-
cluding clause have quoted, pre-
scribing how, and how only, it shall be
altered and amended. That clause is
conservative of the constitution ITSELF
The convention which passed. this ordi
nance. and which is assembled expressly
to make the constitution of Georgia, is
is not called Sas provided in that last
clause, and is, therefore, not under
the ban of, the constitution now, ex-
listing. Yet you say an ordinance made
by it is, in the sense of that very con-
stitution, claw" appropriating money.
If I be right in defining the, term claw"
as used in the prohibiting clause, ! have
only to add that the law-making power
established by the constitution has made
no such appropriation. The convention
which made this ordinance is called into
being by certain acts of the congress of
the United States, lis one of the agents
of that congress yourself being another)
for the purpose of carrying into effect a
certain purpose. You construe those
acts as giving authority to the conven-.
tion to appropriate money out of the
treasury Of Georgia. Do you hold, gen.
eral.that the congress of the United States
could directly by its own simple act,t
appropriate money from the treas
ury of Georgia.? If you do, ,you will
confer great favor by designating the
article, section, and clause of the consti-
ton Of the United States whence only
its powers Gomez conferring that power.
If You you dc, not So hold land 1 scarcely
think you do). will you insist that the
congress can confer upe n its agents larger
powers than are, possessed by itself ?
Should you say that you are not per-
mitted to consider those reconstruction
acts without reference to their constitu-
tionality or their justice, or their expe-
diency-that you came here to execute
them, and must do SO? Pardon me for
replying that you and 1 look at them
from different stand point have said
that have sworn to support the consti-
tutions Of Georgia and of the United
States, and I have serene consciousness
that in declining to obey the behest of
the convention, and to comply with your
courteous request, I but pay a dutiful
homage to both constitutions. o'u1
Secondly, I have considered the sub
ject with reference to the reconstruction
acts themselves I can find nothing
which. in the remotest degree authorizes
the construction that they intended to
saddle the treasury Of Georgia with the
cost of their noveloenterprise. 1t is
very clear that they intended that cost,
up to the assembling of the convention,
toeome out of the federal treasury. They
have, with equal distinction, provided
that the convention shall provide for
their. own compensation and other ex-
penses, by levying q tax upon the people
for that express purpose. But you may
say, this is too slow; the convention
cannot possibly await the collection Of
the tax-there is nobody else that car
and will advance to them, and, therefore
you must. But the congress have not sc
said. 1t is very old and very safe
rule Of construction "erpressio unius
erclusiio est azterius." The congress-
having expressly specified how the
expense of the whole scheme, from be
ginning to end, shall be provided for, i
cannot fairly be argued that they intend
ed any other provision. Nothing but /;
most latitudinary construction could jus
tify the inference that this Legislation
imposes a burden upon the state treasu
ry. Think you, general, it would be
come the governor of one of these states
required by law, to disburse certain
sums for designated objects and scantil,
supplied with means for the purpose, t,
adopt such rule of construction, and
4 in fit of generosity, at the expense o
justice and of duty, to volunteer so larg
a contribution to cause with which b
| had no official connection? Will yo
do me the favor. general, in imagination
to place yourself. in the position Of on
| of these unfortunates, and ask yoursel
the question, would 1 do sol 1t may be
that the congress has not adequatel
! provided for this convention, whic
it brought into being, but that is tn
question between the parent and til
child. Even if it be SO, Incline to thin
that no blame attaches to you or to mi
Inconnection with this point, I will say
4 further, I cannot perceive in these mu
\ tiplied reconstruction acts, the congres
has imposed upon me any active pal
whatever. They have graciously col
sented to leave me undisturbed in tt
performance Of the humble functions il
trusted to me by the constitution an
laws of the State, upon the conditio
that do not "hinder, delay, prevent, {
obstruct the due and proper administr
4 tion of those acts" But you, pescei,
!, this imposes only a negative duty
Believe me, general, in my Official pos
: ton, compliance with your request woul
involve tremendous activity, nay, eve
the abandonment of previously impose
positive duty. This brings me to say
Thirdly, that have considered tn
question with reference to the resource
and the existing liabilities of the trea