The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-03-27

/ suggestions aud recommendations of Ex-
| cellency. in his annual message, touc the
claim advanced by the State against on
account of the loan authorized BY thst of
1856, and submit for your consideratlome
additional views Of the subject of theiev-
ances, and respectfully invoke your
ton IN the premises.
The Government and people of t1ate
are, in a material sense, parties 10 thereat
enterprises, which have secured TO theree
grand trunk lines of railway. which Iect
them with the sea, with the MississipFer,
and with ali the great through railwines
| OF the Continent. These enterprises
garded by the Legislature as so fablic
that the State exercised her right of cent
domain, in securing to the project the
right Of way, and a moments rehectwill
convince any liberal understanding the
! State and people are the reel pIentS o. far
the largest measure Of the benefits whflow
| from these enterprises. Indt ed, II he
| said, that so far the State or people Is pnly
| party which has reaped a benefit Mt a The
| stakeholder has. in the main, lost hiock,
and the bondholder finds his bonds reod in
| value, ana Is rather loser than a ner.
| The advantages reaped by the peopT the
| State, in the facilities of interc0urand
| of trans portation, in the enhanced We of
property, especi ally of real estate, pl OBJ
| yiOus and great as they are, have bepur-
chased 50 cheaply that it would seethat
| their actual value has been, and is. una ed
by the general mind.
1t should be borne in mind that, lever
precarious the present condition, or lever
disastrous may be the fate of those y en-
| barked their money in these great Jerta-
| kings, the State OF Mississippi is see in
the great advantages which inures her
| people. They subject to courtney
| except that OF a failure 10 foster then lib
| eral and fair-minded legislation. 1t 8 ex-
| travagant to say that for these bees the
| tate has paid nothing.
/ 1t may be affirmed Of modern rard i'm
| provements, that the general schemef aance
/ is this: The stock subscriptions aree ed on
/ merely to secure the organizationhche en-
/ ables the corporators to borrow the 1Iey ne
| cessary TO build and equip the rls The
| railroads of this State have this cmon his
| tory, and il should never be ovOoked in
| dealing with them, because the delncurred
| for building and equipping the res is yet
unpaid, and appeals strongly to thdbeTality
AMI Justice of the State.
The income of the roads was rel upon TO
nay the interest and principal of Use debts.
The civil war, your memorial stave said
their communication to the Goveor is not
nnputable TO the railroad compass. They
were not the authors, but the vicls of the
war. II uspended this income fer Ir years
an income amounting 10 many mions; for
ne Kind OF currency which the utpanles
were compelled to receive was not ailable in
he payment OF their bond detSs. deed, it
vas not adequate to the payment ohelr ex
penses and H9ating debts. When, ierefore,
the State in deprecated curreneynd were
thereby gamers, il should not be erlooked
shat the action of the State ent9d upon
them loss by the practical suspsion OF
their income, which vastly exceedeaot only
any supposed gam III the reduced we OF the
currency paid. but the debt itself. addition
this, If should estimate the cost trans
porting troops and munitions Of wa for the
State alone, and especially if we taBinto ac-
cunt the wear and tear, and actuadestruc-
Of 4
stock, etc, Of the roads by the Ste troops
md Confederate troops called to ptect the
State from invasion, and the destctien by
he Federal army, provoked TO imsion by
he attitude and action of the State, will be
jound that every dollar Of currencyaid into
he Treasury by these companies as cost
hem not less than ten dollars in gold
1t is impossible for the Legislattr to deal
Justly with the subject of this merloal with
Ont taking into view these facts.
The real owners of the railroad N chiefly
he holders of their bonds and mcigages.
These holders are, in the main, foreoers or
citizens of the great commercial cbials Of
he Northern States. These parties ae the
or il matters not that in lending moay TO
iii these great enterprises, they expetd it
% be returned with interest. What 0n:Tns
he honor of the State is, that they tustel 10
he good faith of the people of Mississippi.
The lenders have been compelled rot OILY to
suffer the loss of the income of theroats, but
nave, IN effect, been compelled to reptir the
damages inflicted upon the roads ~ tha war.
md now the fact stands out as al historical
ruth, that becomes the more conspicuus by
he attempt to cover it up under legal fcions,
hat the same State of Mississippi, the ame
'eople, the same political community, which
brought on the war and inflicted thse leavy
Osses, now Cypress these coml aniesby rpor-
Gus exactions; at least such must h the Just
Judgment Of posterity if the claimsset up in
she name of the State shall be enfor;ed with
out any abatement.
The assertion that the State which inflicted
he Icr0ng is not thu State which low urges
the clam, can satisfy no just-minled man.
indeed, the assertion must now be cla' Yed with
many other exploded theories of thepast.
Ii IS now the established doctrne of the
United States, that the attempt to secede from
the Union, by the Southern States lid not
place them beyond the pale of the Union, nor
-tter, or affect their constitutional relations
md obligations, and that they remained States,
nd States 0 the Union as before
There never was a revolt of the people II the
State, or of any portion of the people IF the
state, against State Government Their, was
lever, at any time, a rightful government OPP
aosed and displaced by a usurping gorern-
nent When the Federal army entered the
State capital, and hoisted the flag Of the
United States, it hoisted the symbol of re-
sto ed authority. and that authority .was the
Federal Constitution and laws of the United
states. Against these there had been revrlt
and against these alone: and being restored,
hey, by their own inherent force, silently, but
:tectually, destroyed whatever had been
erected projected in hostility to them nd
abrogated all laws which in any way i'm
pugned their supremacy. And this wasall
None OF the measures enacted by the State,
ouching her own internal affairs, were af-
ected In resp ct to these, her power was alb
,olute within the limits of her own organic
Jaws.
Ii we suppose thy case to have occurred las
he n a FpV NO uSi
heir local government, displacing it, and its
subseq restoration, the obligation o. the
righttul authority to make reparation would
be complete. The duties of the government
and of the citizen are reciprocal. The govern
nent failing 10 protect is hound to indemnify
In those instances in which civil war in one
country results in the destruction of the prop
erty of the citizens of other States and eoun.
tries, the Government of the United States
has, in the case of France, established the
precedent, that it matters not whether the PEG
pie were under what they termed q legitmat,
government, or ii 1surping government wheI
the injuries were inflicted.
Ia the 1T stance given, the acts were held Il
be acts of the French nation, and the French
nation compelled to repair the loss
The memorialists, however speaking fol
those whose interests will be affected by tn,
enforcement of the claims advanced by tn,
State, do not ask reparation of the Legislature
They ask the Legislature, however, to con
slider the subject in all its bearings, for though
it may be impossible TO indemnify, the Stat
can forbear. The rigor of her demands
viewed in the light of the actual history ct he
dealing with these companies, and of her &C
ceptance of payment in the currency Of tn
time, may be substantially abated on princi
pies of justice and equity. An act of liberal
ity, of good faith towards those who have con
fded such large interests to her care and from
which she has reaped so many advantages
would be compensation, in some measure bu
above all, ii would evince a spirit of justice
and convey the assurance that investment
here are safe, and VIII not be subjected to un
friendly legislation.
1t must be apparent that the capitalists VIII
ventared their money in these schemes of in
ternal improvements, will be slow to under
stand the subtleties by which it is attempte
to prove that people-an organized commu
nity--can lose identity without any visibl
change of the internal structure of their gov
eminent or in it's constituents; and indeed th
public opinion of the world, now beginning
be felt as great moral power regulating th
conduct of nations, will not be satisfies wit