The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-02-29
TFTE RAILROAD sUnsInY.
Confirmation Of ne Argument Of Hos. s
A. ID. STEELE.

SENATE CmAMBEd, Jan. 21th. lss3
I propose 10 occupy q few minutes On pol.
plying t. arguments ct the opposition. on
the constitutional question. / Invited them
to come mp TO the argument and diaDu-a .r
fairly. Instead Of doing this, thpy htVr
dodged the entire question. The cOusiIfu.
tional argument l. sumed up thus THE I.-
suance Of Auditors warrants ou an lppro-
priation under the provisions ut che Sub.
sldy Act. with no money Boo the Treasury.
with which a. pay them, u "a debt again.f
the State-the credit Of the State Dr. plriIr.I
10 pay IT. debts. but the credit of thc Sfsfs
cannot be pledged "a aid corporation
This question was not touched by thr SON.
atOrs on the other side. Whilst fhp senator
from the Second District was exceedingly
ingenious Ia dodging;. lie completely bgs.
ged the question by dlvcrtinE the mind I'D
senators from the true issue. lu face thr
senator seemed "a have misconstrued thr
whole question. as well az the spirit auI
genius of our government One error unto
which he has fallen Ia on the power of tIR.
alton AMI appropriation. llc derives thp
powers OF the Legislature on these subjects
from the powers OF Congress on the samr
subjects. under the provisions Of thc Fed-
erai Constitution authorizing touHrcss in
levy taxes. Ana he hpplir. tnr Same
rules OF construction on THIS subject that
are applied a. the construction of thc Frl-
eral Constitution by story. The RULES chat
control the legislation OF the States. uud tI.o
legislation Of Congress are entirely differ.
ent.
and state Constitutions are entirely differ.
emit; the Federal Constitution is the charter
of Congressional power, whilst thc state tuua
stituiton Is limitations on legislative power
Congress derives It's power 90 TAX aud make.
aDproprlations from the Constitution.
whilst the power to taN and appropriate hy
the w-making power oi state. Tor puf.
poses Of government, is Inherent Doc euNrI
eighty. IL arises out Of tie right OF rm.e
nent domain. ! accord 20 the Senator moro
than he claims Oh this subject. hut whilst
the right OF taxation and appropriation j.
Inherent IN sovereignty, and on thc qup..
ton OF power Is not derived from the Com
stitutlon. yet there are restrictions ou thr
exercise Of the power In the Constitution.
aud also Ia the very spirit and genius cot
government. The right to taN and tlc
power 20 tax are distinct. The exercise ul
the taxing power for the Legitimate pun.
poses Of government Is just nnd proper,
whilst the exercise of the power for other
purposes Is the violation OF the very genius
and spirit OF government, nnd d. nothing
hut tyranny. Is n Legislature we cluuoI
levy tax for anything but public purpose.
without violating the provision Of the Con.
stitutinn which prohibits tie taking Oi pfI-
waite property for public uses y ithout Ju.t
compensation. We have the arbitrary pow
or. as legislature, 70 appropriate money
ont ol the public treasury, tO erect lur each
member princely mansion; bat uO out
would say we had the right-nu one would
say that Il was not usurpatiuu-uo ono
would say Il was not tyranny. This would
divert public monty 90 private use which
would hc unconstitutional and void, ~
would be a suhycrsion OF the purpose of
government. These views are deliberately
presented la the case of 6rlilin W.. Nixon.
o NJ, 49,.
The power Of the Legislature to reopen.
the law h. clear The law D. uucOnrtltu.
tiunal. and no rights could vest under it.
But IL IL Is constitutional no rights have
vested. The act is an offer on thu part ui
the state 10 contract with these corpora.
lions: until the offer accepted and tlp
state notified. there Or NO contract. m d.
only expressing the policy OF the State ou
the question of State aid tO railroads 900 thc
time OF Is passage. Tho State may change
her policy. It's repeal would bc evidence
OF the change of policy. N rights have
vested under the provisions Of tIIr act. tlr
repeal would not divert them. 10 would
only have the effect TO prevent other right
from vesting.
It Is admitted 10 the argument that thc
major part OF the tax D. pald boy thp poor
laboring classes.
Having now fully answered all that hls
been urged on the other side, / have only iO
say that 1 am sorry 20 hear o. announced
that party politics have been Invoked against
the repeal Of this act When l., sir c1u
consent 10 allow myself % be- Influenced hy
partisan considerations on "a question ln
which there are no party issues Involved, 7
shall feel myself unworthy 90 hold d sent ln
this body. sir, Il Is the duty % legislator.
to lOok at these questions iu the light oi nu
enlightened public policy, and to be guided
and controlled by restrictions of the Com
stitutiOn. Now, sir / leave this question .u
the hands Of the Senate.