The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-12


perabundant moneys to the public debt. /
dare say this consideration Influenced largely
the adverse vote upon the question. Shall we
remain forever Ia this deplorable condition
The gentleman has said that our people
raised no hue and cry against this debt--did
not protest against It's fraudulent character.
He cannot have attended many Of the public
speakinga upon the public hustings, or list
ened to Democratic speakers during the great
struggle against the Republican party. Had
known that from every. stump In the State
the cry has been raised loud and long against
this debt, and that this cry has done much
to marshal on clans to victory.
1t Is urged that the object Of this funding
act was TO secure to the State reduction OF
its debt by such an amount as to reach the
amount honestly due. This, most emphat-
ically deny, was the object Of the funding
act. AS stated by the gentleman, quoting
from the Supreme Court, that act was de
duce the legitimate debt Of the State to such
an amount as the State could have easily
paid. The law specially prohibits the fund
ing OF any obligations Of the State under the
ter No fraudulent or illegal obligations were
to be admitted. Had It's provisions been
complied WITH the people would have been
benefited largely by Its provisions. But, sir,
the flood-gates were thrown wide open. ALI
obligations were grlst to It's mill, whether
good, bad or Indifferent. The aggregate re-
suit was such that the people found them
selves still oppressed with a debt, the amount
OF which rendered It practically as I'M
manageable as before.
It Is contended by the gentleman that by
the constitutional amendment the State has
disarmed itself. He has pictured the humilia-
ton to proud State, II, after rejecting this
debt, 1t finds itself forced to pay 1t, through
the interference OF Federal COURTS Sir, the
question before this body is, whether We owe
this debt or not; und IL we do not owe it, we
are not bound in honor to pay it. and do not
think any threat OF Federal aggression
should intimidate our people.
The gentleman also lays down the PROPOSE
ton that State In entering into q contract
has surrendered and does surrender Its SOW
ereignty, and quotes In support of that asser-
ton obiter dicta Of the Supreme Court Of the
United States. 1t seems to me the position
Is not found in law, nor does 1t appeal to the
reason. The borrowing. of money ID one OF
many sovereign acts. There IL not a govern
ment Of Europe which does not owe immense
sums. There Is not one Of those governments
which is not frequently In the money markets
OF the world, seeking to borrow money and
entering into contracts for the repayment OF
principal and interest. The United States
itself owes immense sums; but will 1t
be pretended that the United States
government, In issuing its bonds, has
long since, that the public prints. gave US an
account Of the attempted seizure by an Eng
lish court In a British port, OF q vessel OF war
Of the United States, at the Instance OF one
claiming to be q creditor OF this government.
and the proceedings was sumnarfly quashed,
on the ground that sovereign could not be
subjected to the tribunals Of justice. Now,
sir, II these governments are perpetually ex-
rowing money and retain their sovereignty
unlmpaired, why should sovereign State be
judged by a different rule?
The gentleman says no one but a newspaper
lawyer would have the audaci ty Of declaring
that the questions Of law presented by the
fully offended before the courts Of the land.
Sir, IL differing from the honored gentleman
In many OF the propositions he lays down,
makes me q newspaper lawyer, accept the
city, upon this floor, in presence of this
Convention, and In presence OF all the people,
that 1t is my solemn conviction that the posi-
ton I defend, II properly presented, would
meet judicial approval in the highest courts
100 and ITO OF the constitution Of 1852 aamodt-
flying or excluding article Ill, which last is
the ore peculiarly under discussion. Article
100 declares: "The Legislature shall have
one q dnns for b OF
purpose OF making internal improvements
wholly or partially within the State to the ex-
tent only OF one-fffth OF the capital OF such
companies, by subscription OF stock or loan OF
granted shall be paid the company only In the
same proportion as the remaining capital shall
be actually paid by the remaining stockhOld-
ers OF the company, and In case OF loan such
adequate security shall be required as to the
ton or association OF Individuals, receiving
the aid of the State, as herein provided, shall
possess banking or diseounting privileges"
Article 40 declares: mo liability shall be
contracted by the State, as above mentioned,
mr. ~ M hp nI1fh rad htY los
for single object, to be definitely specified
therein, which shall be passed by q majority
OF the members elected to both Houses OF the
General Assembly; and the aggregate amount
OF the debts and liabilities included In this
and the preceding articles shall never at any
one time exceed SS,000,000"
Article Ill Immediately follows and imposes
the restriction upon the debt-creating power
OF the Legislature, which forms the subject
OF this controversy.
The gentleman contends that articles 100
and 40 are special laws, excluded from the ef-
fects OF the succeeding article.
Sir, 1t Is a fundamental principle Of the law
OF Interpretation that every article and pro-
vision must be accorded the widest possible
iniluence-they must be extended to the full
subject matter are therefore always construed
together, unless there be clear expression
Of the legislative will that they shall be
restricted In their operations. This restrte-
GiOA Ddt 4C6ulI IOu
be clear and unmistakable There
is nothing in articles 100 or ITO
which either by expression or implication in
dicates that article Ill shall extend to them,
as well as any other provision OF the consti-
tuition. The gentleman seeks to build Chi
nese wall around these two articles, against
which article III shall not prevail. But, sir,
It Is q wall which exists only In the imagina-
tion OF the gentleman. Article Ill applies IT.
self to all debts created over 100000. It does
not ay:."Any debt, outside of those conten.-
plated By articles 100 and ITO of this
constitution. Had such been the idea,
It would have been the province Of
the trainers OF that constitution to
have inserted this clause, and not for any
gentleman upon this floor I credit the gem
tleman's ingenuity and industry to such an
extent as to believe that all the questions
which have engaged his attention have re-
ceived full research. Had 1t been the inten.
ton of the trainers OF this constitution OF
1852 to adopt the idea OF the gentleman, 1t is
hardly possible that some member would not
have suggested the necessity Of making the
instrument upon this point clear and unmis-