Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1876-09-14


The Ante-Bellum Inter-
nal Improvement Policy.
The following speech wasmade
by Major Sykes, at Humboldt,
and published in the Memphis
appeal. Read it carefully
through; the one point that ii
establishes most satisfactorily
is that the issuance of the bonds
is most emphatically the act of
the people; in one State cleo
ton after another, from 1851 to
1859, the question being most
distinctly brought forward as
the main issue, the people in
variably declared for the pledg-
ing the credit of the State in
behalf Of the railroad system
then in the process Of construc-
ton, and Governors Andrew
johnson and Isham G.. Harris
gave their executive sanction
TO the scheme, and issued the
bonds in concurrence with the
will of the people:
CREATION OF THE STATE DEBT.
In regard to the State debt,
it may be remarked that all leg
islative power not prohibited by
the constitution is vested IN The
general assembly Of the State.
This includes the power to con-
tract debts and issue bonds, as
has been the uniform prac-
tice in all the States, and has
been in accordance with all the
judicial decisions, Federal and
State. The United States SUI
preme Court, in the case Of o.
cot as. Supervisor (16 VaUace
Reports, pages 695-6,) upon a
question Of the right to issue
bonds to a railroad company,
says: "Whether the use Of a
road is public or private one de-
ponds iii no measure upon who
constructed or who owns it. 1t
has never been considered a mat
ter Of any Importance that the
road was built by the agency
of a private corporation. No
matter who is the agent, the
junction performed is that Of
the State. Though the owner
ship is private, the use is pub
lie. 4 If there be any
purpose for which taxation
would seem to be legitimate, ii
is the making and maintenance
of highways. They have al
ways been considered govern
mental affairs, and it has been
recognized as one Of the most
important duties of the State to
provide and care for them" In
order to prevent legislatures
from contracting debts, or au-
thorizing the issuance Of bonds,
there must be constitutional
prohibition; and this has been
inserted in several State cGnsti-
tutions to a greater or less ex-
tent. 1t is, therefore, useless
TO discuss the power Of the leg
islature to do these things since
1t is an adjudicated and we'll
settled question. The State
debt now existing was sane
toned and
APPROVED BY THE PEOPLE.
happened to know something
as to the creation Of this debt.
In 1851 / was a member Of
the legislature from Maury coun-
ty. At that session the gener-
al internal improvement bill,
granting State aid to railroads,
was passed. Against that bill
nv vote was recorded; but it,
was not given because l doubt
ed the authority of the legisla-
ture to contract a debt and is
she bonds to build railroads, or
make other improvements. No
man in either branch of that
general assembly expressed
Such an opinion. In the year
1919 the legislature refused to
pass an internal Improvement
bill: but after the matter was
discussed before the people, the
legislature, in 1851, passed a
bill granting some aid to rail
roads. With a knowledge of
this fact the people elected a
legislature in 1853 which in
creased this aid to large ex-
emf. 1t was neither a party
nor a sectional question. The