The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1871-04-08
solomon 4 Simpson vs.. James Graham. Au.
ditor.

In the above entitled cause, the con-
stitutionality Of the appropriations of
the last Legislature was involved. The
case came up on the amount granted to
]. q. Nixon the sum of fifty thousand
dollars), and by him assigned to the re-
lators, Solomon Il Simpson, who sued
out a writ Of mandamus to compel the
Auditor to issue warrants for the
amount. The State of Louisiana inter
vcned. John III. New, Esq, appeared
on behalf of the State, and made one of
the ablcst arguments OF record. We
really wish for space, that we might
give the entire case to our readers, be-
cause the vital interest of the State and
people is involved in the issue. We
are proud to know that there is Il gen
eral waking up to the wrong done and
our rapid race to bankruptcy by the
present State Government
We give the closing remarks of this
able advocate:
Reason and authority, then, COM
bined, establish that your Honor, con-
fronted by Il plain provision of the con-
stitution, prohibiting the enactment Of
Il law increasing the public debt, has
but one course before you, when called
on to give effect to Il Legislative enact
ment opposed to the provision. What
ever may be the right of parties respect
ing contracts in violation of this article,
it is not yours now to inquire. One
thing is clear. You cannot enforce this
law. 1t has no life. "ItS bones arc
marrowleSs-itsb blood is cold,' though
l admit there is spcc,ittti0p in it's eyes
whcrcwith to glare.
We, therefore, ask that this applica-
ton for n mandamus be rejected at the
cost of the relatOr. Not only on behalf
of the Auditor called on to perform
duty he cannot perform, but in behalf
Of the people of the State, whom to-day
we represent.
For the first time since the organiza-
ton of the Government under the pres
ent constitution, the people of the State
1--we .,poHc;: directly, openly, clearly
and authoritatively, as to the manner
their agents should act in creating debts.
And they stand here to-day in the per-
son of counsel, and ask that their will
be respected.
They demand that an end shalr be
put to creating obligations they are un-
able to perform. The public credit is
at stake. The honor of the State is i'm
perilcd. And it is for your Honor to
say whether the name of Louisiana
shall be mentioned with respect, as of a
State able to maintain its stand among
its sister States, ready to meet all its
just obligatians, to perform all its prom
ises; or as byword and reproach, as
a falSitier of its word, a repudiator of its
debts. And when I say the credit of
the State is at stake, do not say all
Enforce this law. Say that all the
promises hitherto made by the Lcgisla-
turc are not debts. The power which
created this burden Will tax to meet it,
and the citizens of the State must bear
it
''Thcy must the fardcl boar.
And grunt and sweat under II weary life
To the enormous taxation now exist
ing other taxes must be added. On the
backs now bending other weights must
be piled. The step of progress, now
slow and embarrassed, must be still fur
ther clogged. The arm Ofindustry, now
weary with unavailing work, must
strike longer and harder, that others
may receive still moro of the fruits Of
its toll, till the patriots hope, now
striving to penetrate the miStS of pres
cnt trouble and dcscry Il happier future,
will Sickcn with diStrust, as other clouds
still swell before it, and the night of
despair seems to be settling on the land I.
New Hampshire at the White House.