The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-01-10

by an express amendment. He con.
cluded that the State Constitution did
not forbid the guaranty.
6. He next passed to En- elaborate oxa-
mination OF the question Of the charac-
ter OF "bill OF credit" and examined
fully the cases OF Craig ps. Missouri, 4
Peters; and Brisere rs. Kentucky, II
Peters.
These cases excluded this scrip from
the list Of "bills of credit"
z. He now advanced what he regarded
as the one impregnable position Of this
argument, that even if the scrip was
"bi1l OF credit" it must still be redeemed
by the State. The State retained The
right to demand the redemption Of the
scrip. This point was strenuously press.
ed upon the Court.
8. as to the objection that the time
had passed for the annual levy, he said
that the respondent could at once pro-
ceed to levy the tax, if it wero ordered.
His present default could not be al
lowed to prejudice the rights of the re-
lators.
8. The claim of the respondent, that
other cases were pending in which these
issues were to be decided, was nnfound-
ed. Those proceedings were only aimed
at the circulation OF the scrip. and did
not in any way touch the question of it's
redemption.
He concluded three hours argument
By saying that the Teiators sought only
to enforce contract of which the State
had received the full benefit, while the
relators were now only seeking by legal
compilation to enforce what was the clear
promise and agreement of the State.
Mr.. Haskell followed on the other side,
but did not conclude his argument. He
said that he would confine himself to the
question Of the constitutionality OF the
Act passed in March. 1872, authorizing
the issue Of the revenue bond scrip. T
is in violation of that Constitution, and
is, therefore. contrary to law, and the
scrip nullity. The object of Oonsti-
tuition is to put in words and writing con-
ditions, restrictions and limitations upon
the Executive, judicial and Legislative
Departments of the Government. It's
clauses are not directory merely. but
mandatory. Mandate is the word which
applies to them. The importance of
constitutional questions cam 1t be over
estimated. They constitute tho life
blood Of the State. The Legislature is
not the State. It is only one branch Of
sovereign power, and in welding it it is
hedged in by constitutional limitations
some expressed, others implied, and both
imperative. In passing the Act tof 1872,
it has done what it was forbidden to do.
The Constitution divides the expenses
and expenditures of the State into two
classes; ordinary and extraordinary.
The former arc the annual expenses Of
the conduct and maintenance of the go
| vernment. The second is provided for
and restricted as follows: "For the pur-
pose Of defraying extraordinary e1pendi-
| lures, the State may contract public
debts; but such debts shall be author
| lied by law for some single object, to bo
distinctly specified therein" Again:
"No scrip, certificate, or other evidence
of State Indebtedness shall be issued ex-
cept for The redemption Of stock, bonds,
or other evidences of indebtedness pre-
vionsly issued, or for such debts as are
| expressly authorized in this Constitu-
tion." ''Any debt contracted by tho
State shall be by loan on State bonds, of
| amounts not less than fifty dollars each,
or interest payable within twenty years
after the final passage of law authorizing
such debt" The words "previously is
sued." here used, can only refor to the
words "other evidences of indebted
ness" and can have but two construc.
tions-the meaning of one being evil
dences of Indebtedness issued previous
to the adoption of this Constitution; OF
the other, evidences of Indebtedness pre-
viously issued for the redemption of
''stock" or ''bonds." The Act does not
pretend that it's object is to redeem any
stock, bonds, or other indebtedness
previously issued" nor "for such flebts
as are expressly authorized in the Con-
stitution."
The conviction of Stokes for the MUIR
der OF Fisk is on evidence that the peo-
pic OF New York hive at last become
alarmed at the rapid strides being made
by crime in the metropolis, and have de-
termined to put stop to it, Whether
new trial is granted to Stokes or not,
the present Indications are that he will
atone for his crime upon the gallows.
While Fisk, perhaps, was not man
meriting the good will of his fellows, he
was yet human being and under the
protection of the law. That he was
wantonly assassinated by Stokes, jnry