The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1878-12-25
SPEECH OF SENATOR MAXWELL
His ylewsNon the Bonded Debt of
the State.

His ylews\on the Bonded Debt o
the State.
Owing to the Senator's sickness, this speech
was not delivered, but We think that 1t SHOULD
be read, and give it below:
Mr.. President: / seldom retard the business
Of the Senate by occupying The floor, out nav
ing been a member of the Committee preEtHr
ing tho joint resolution establishing Ins
court for lscrrtntning, liquidating and set
thing the debt Of he State, | deem IL necessary
10 state the rcuSnllSttrat actdnted ME TO con
sent to the Joint resolution aud lliat now force
me TO vote against itn repeal.
/. 4 petitiOn was In ~circul alton, signed by
t~scverai members of the bond commission
| fs yo,inr the acceptance, Of a very small por'
| lion of the rcpor; of satd commission. In way
OF adjustment on tileueoL.
4. ii Was u necessity, because a Democratlc
rninsri;y in each wing 81 General Assembly
acting with .l:erunlirans 81 eaem TnS
commission and saddlcd the entire fr;tidtt.
lent debt upon the state. In luslice 10 ihe
minority, faEuring the aymcnt"i tne iinul.'-
| ulrut d,.st. | would state that | do not DcIicIe
! they were. aeluated in tle interest Oh inc
! Bondho!d2rs, but by what they conceived 10
be a legal and political necessity.
:. The adoption OF a compromises wa" lW-
UticaI necessity, Gar had any very sinhii por-
lion OF the minority OF Democrats fproTlng
| the payment of thefrardulcht bohus; tekGI
tie Stulup they would have carried tnc s0,la
Republican vote not by arSninSht nu, II ic .a"s
have of nrrayinc the colorcd against me whltc
and TO-DAY instead of this General .iSsenan'S
| being a solid maSSof pcmOclats, lhlcrSINIsr4
with Il few decent Hepubllcahs' We "uno
! probably have had iT our seals, as Ilot'c:
corrunln crew as those vino have filled our
seats through the Kadic"l regime: rxoo,
4. That when n division -a ~ .es, !" "nJ + IL
party like the Democrats; II Is p %i s I"" NV
uutuai CONCESSIONS. Such were my reasons
for maysing the Joint resolution. H.
Next. why should said resolutions not be
repealed" ra,oo,ire
II, is tina; il Is unconstitutional. his qucs-
ton is not one for us to decide, bnt Una! prnl-
cr!y belongs to the Special court or !" .nG
supreme Court. If tbr three learnen anu
able Judges conS;itutWg that courtthiitk tnrTI
arc acting in an une6nstitutiontl cnlacttS. J.
presume That they Miil decide tllat llcE nhSr
live a decision subtitle Supreme Court
should thinl, they were acting. wit1eYt cop1
s;itutional authority. the said higF coEE
would promptly dcri&G. e. 1se ~ ~ f I
eeral Assembly, and if said resolution was un.
constitutional, II would be +morc consistent
and more in accord with justice ana rIsn' ~
let It's unconstitutionality be pronounced by
the Courts. The State ana Tie PeoPae ioo''
. The compromise was made by \ commit
tee OF four from the Senate q s'E iroIn. tie
House, and when reported to inc DeInoc,I1,c
caucus. (whilc there was some ooJectlon
made. was overwhelmingly adopted by bnth
the caucus and the General Assembly,.
Whether the resolution was Wise or neSt LOT
the State, should not be for consideration
now. it was adopted and accepted ny the
State. the people and the creditors, II can
not but think. that good ia1th olnos US u
abide the result of Tic court.
can conceive but two circumstances, thaI
~.o,l1 irptic- fhnprnSnnt General Assembly
in repeating the OlntreSo;ution.. firstydl IL
can be established that the b~ondholders or
others have prevented q full or frec lh~estlGa-
-anee of witnesses, then we would have Il
moral right to abolish the court. Seconaly'
If the parties holding the floating inde6ted-
ness OF the State or its contingent ilanilltles
Bank Bills of the Mate. the Little bonanza
and other tioatingclaims should perSistentIy
refuse to abide by the compromise eilectcd ny
this resolution ~then'tho whole resolution be-
IN null and Void.
Mr.. President. in proof of this, you Will rec
ol!ect that tho section Of the Committee N,
voring the adoption Of the report oi the Bon9
Commission refused 10 leave It to any court
unless the entire floating debt OF the state
and all her valid liabilities We're embraced IN
the compromise. You.wfn furtherrecollcct
that when thcTeport OF the committee was
made 10 The caucus, n motion, was MADE 10
consider by sections with n view OF rejecting
q part, and it was decided with only one dis
scnting voice To acccptthc whole ornonc.,
Again. the sixteenth section of resolution
does moi make il ndu,y Of the courts TO de-
eide whether the State sllould pay. these
floating claims I'm hlli but only to decide as to
their validity. This section Is imperative In
It's intent and expression, that these claims
should only bc p:id after their validity was
established and saftcr being scaled TO my
s!l4 " Sah ~ TSSTas Nm. flg=racni, + hold that1r
Is letter for tic STATE, politically and hnan-
ciaily, to adhere To the resolution, even
should Ike Courts decide that she munt pay
The consolidated fraudulent honds. Why Is
It financially better? The committee on
claims and finance well knew the immense
saving that has resulted to the state by the
operation OF this resolution In their respect
i've committees. Examine for q moment, the
amount of the floating and contingent
ciainlS:-
Tie State Is liable on guaranteed
bonds for tho GrccnrilleH Coluni-
bia RaiirOnd. l.hEt.OHl
The Savannah & Charleston Railroad StM.uO0
heSpartanburg & Union la.ilroad.. Tp.OW
The South Carolina tal!rOad.""..". lOO.iNU
Little Bonanza claims 4U0,EO
Floating indebtedness presented TO
Colts Court, and yet 10 be pre-
l,VO0,Uu
Bank bills Of the State II the
States liability !Or samc..."..... l,1U,WU