The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-02-12
COLUMBIA. s. g.. FRIDAY MORNING. FEBRUARY IT, 1869


vidual or incorporate contracted OBJ
legations during the war; but when those
parties attempt to involve the State, as
endorser or guarantor of such obligations,
it is my duty to remind our legislators Of
the constitutional provisions which restrict
their action. The Act of 1861 1 regard Us
void and of non effect, as it was passed by
q body of men organized in violation of the
laws of the land and acting under the au-
thority of those who were engaged in lew
ing war against the United States. TO the
upholding and prosecution of that war, the
Legislature of 1861 devoted all it's efforts
and energies, and Immediately succeeding
the Act granting aid to the Greenville and
Columbia Railroad Company may be found
the Act to authorize the formation of q new
volunteer company to be called the Chester
Rifles Upon this Act of 1861, both the Act
of 1866 and that of 1869, ct present under
consideration, are based, MS both are amend
ntory thereto To approve of this Act,
would be to give force and validity to the
action of n body not recognized by the
Constitution of this State or of the United
States, and would be in direct violation of
the ordinance of the Constitutional Con-
vention, which ordained "that oil Acts or
pretended Acts of legislation, purporting to
have been passed by the General Assembly
of the State since the Goth day of December,
1860. pledging the faith and credit of the
State for the benefit of any corporate body
imperative until the General Assembly
shall assemble and ratify the same.
And it shall be the duty Of the General
Assembly, at its first session after the
passage of this ordinance, to attend to the
same" Even had it been the intention Of
the Convention to give validity and force to
this and similar Acts of the Confederate
Legislature, which is far from being clear,
the present Legislature, by permitting a
session to intervene after the passage of the
ordinance, without attending to the duty it
imposed upon them, havo lost tho opportu-
nifty of doing SO, and the power has passed
away from them forever.
l recognize in the Greenville and Colum-
bia Railroad useful and important agent
IN the development of the resources of what
is rapidly becoming the most popuous and
prosperous portion of the State. Valuable
assistance might be safely rendered to the
company by new Act, giving the State
endorsement, under proper restrictions, to
its original bonded debt, and embodyirg
such conditions as would make the company
feel its responsibility. If it is understood
by corporations or individuals that ell that
is necessary to secure the success of their
schemes IS to present bill to the Legisla-
lature, embracing whatever provisions they
may deem most conducive to their interests,
and by assiduous lobbying and other ques-
tionable means force it through, the State
capitol will be constantly infested with the
paid agents and advocates of every con-
ceivable project by which spectators may
hope to obtain control Of the peoples
money
The present managers of the Greenville
and Columbia Railroad, by their course
heretofore, have given an indication of
what may be expected from them hereafter.
Periodical applications to the General AS
sembly will be made as their debts become
due, until they will have accumulated to
such an amount as to become utterly un-
manageable, when the company will be
forced into bankruptcy aud liquidation,
leaving to the State the responsibility of it's
worth one-half the sum for which it is
mortgaged While the debt of the road is
regularly and rapidly increasing, its value
is steadily diminishing. In year or two,
at most, the track will be relaid with new
iron, at very heavy expenditure, and we
have every reason to expect that the State
will again be applied to for assistance in this
new emergency.
Every augmentation of the debt of the
State injnriously affects its credit and paral-
Yves its energies, while it increases the bur
den OF the taxpayer 1t is, therefore, in
cumbent upon those having the custody of
the public treasure to guard it with jealous
vigilance; and rs the Chief Executive of the
State, it is made my duty to see that the
Constitution is maintained and the laws
faithfully executed. The Act under consi-
deration processes to be an amendment to an
Act based upon what purports to be an Act
of Legislative body not recognized by this
Government Both on the grounds of un-
constitutionality and inexpediency, feel
compelled to withhold my assent, and l
therefore respectfully return it to the Sc
nate without my signature.
II. X. SCOTT, Governor.
The consideration of Messaoa No 32 of