The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-31
WHAT rs IT2
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Debt, that the acts Of the Legislature Of 1874
are not binding on the people of this State as
laws, is. to say the least, startling, IL not, in
deed. as Mr. Caffrey, In his able dissent, calls
it, revolutionary. If the funding act and the
constitutional amendments proposed by that
body are to be treated as void. for want OF
authority, the same is true OF all the leg1sla-
ton enacted by that and subsequent Legisla-
lures up to January, 1877. The Legislature
Of 1875 and 1876 was In part Democratic, ana
during its existence some important legisla-
ton was adopted including the supplemental
funding act. which subjected to judicial
scrutiny millions OF the outstanding State
bonds. The legislation which enacted the
funding bill and proposed the amendments
was inaugurated under the election OF 1872.
Hence, If Mr.. Forman's conclusions are to be
accepted, all the legislation OF this State
from 1879 to 1s77-all the official acts
done under and by virtue Of that legislation
are absolute utilities as emanating from an
unauthorized body. The far-reaching cOnse-
auences Of such doctrine are appalling. No
doubt that millions In value OF property rests
upon this legislation as the foundation Of Its
number and in amount have been had under
this legislation. Mr.. Forman's theory strikes
them all with radical nnllity. and virtually
expunges from our judicial, executive and
legislative annals the transactions Of four
years. Who can measure the extent Of the
calamity which such proposition in
wolves? 1t IL second only to the proiet u
the Commune In its far-reaching destruc-
ton. There is no avoiding the conclusion
that IL that Legislature was incompetent for
one act of legislation 1t WIGS incompetent
for all You at once strike down
all accepted theories as to de fdcto gov
eminent, and at one fell blow destroy all
successorship In government, leaving each
succeeding administration free to disavow
and nulify the acts Of Its predecessor, upon
any partisan pretext whatsoever. We can
not believe that any considerable number Of
members Of the Convention are prepared to
give their adhesion to SO cpmmunistio the
ory We say communistie as meaning the
destruction Of all stability In government
and as remanding the State and the
rights of its people to the tender mer-
cies OF the party that chances to reign.
i
under such doctrines The very instru-
ment which the Convention is now framing
| with so much care and labor will be but q
rope Of sand In the hands of future partisane
| OF Mr. Forman's school. In It's turn 1t may
be- denounced as the fruit OF violence and
| fraud, and this may be made the pretext for
disregarding It. In the name Of common
sense, let us find some other theory upon
| which to base Reputation, ii we must have
| It. Let us not add anarchy to our other woes,
and open the floodgates to eternal and per
petual strife and uncertainty
What faith, what confidence can or will the
world repose in us, IL we thus set at naught
the very foundation principle OF stable gov
eminent 7
What man seeking home, or capitalist an
Investment, will ever turn his eyes toward Q
State thus Mexicanized2 Capital and popula
tion would not only avoid us, but what we have
of them would rapidly flee from u.s. No man Of
prudence could invest dollar on the faith o
our laws, lest the next turn Of fortunes whee
should bring to the surface men of Mr.. For
mans views; men who can destroy the oldest
and most consecrated ideas OF government and
law by stroke Of the pen. No publicist nc
statesman OF Judge, has ever dared to main.
tain such doctrine-for under II there can be
nothing but anarchy. It's acceptance will Ii
one year cost Louisiana thrice the amount Of
the debt it ls devised to avoid, by prostrating
the credit of her banks. and merchants, by
discouraging immigration, by driving away
capital.
But there is yet another view of this mat
ter, which ought to command our attention
to wit: Its effects upon national politics. The
same argument by which Mr.. Forman main
tained his proposition will invalidate all the
acts done by this State under the reconstruc-
ton acts 81 Congress. It will expunge the
thirteenth, fourteenth and fifteenth amend
ments from the constitution of the United
States. On the eve Of presidential election
which is pregnant with veal or woe for Louis
lana, can we afford to strengthen our adver.
saries by such course? Can we afford to in
vite those who may, under third term OF
Grant, be in power, to apply Mr.. Forman's
theories to our own government of the State
Can we afford TO handicap the national De.
mocracy with such q load We think not
On the contrary, we should discard all sub.
terfuges and legal bubbles, and treat the sub.
iect Of the State debt as q political question
and seek to reconcile our obligations to pub.
lie faith with the necessities of our people.