The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-02

which the DEMOCHAT has Dceu @luHClALluE
anu applying To the debt question ever
since the convention became an assured fact,
and they present striking contrast to the
rank heresies the 1ymes has all along been
preaching In behalf 81 the bondholders and
their contract rights. With furious and
fretful ardor, 1t has been urging for the past
three months that sovereignty was not only
not inallenable, but that, by the amendments
Of 1874, and the funding act passed there
under, the people had formally Invested them
selves Of that important and essential attri-
butte Of sovereignty, the power Of regulating
the public revenue and OF collecting and dis
bursting the taxes, and conferred 1t upon the
creditors OF the State, 80 far as the principal
and interest Of the State debt we're concerned,
for o series OF years. These acts, insisted the
Times, constituted contract, and placed the
discussion OF the debt and the repeal Of the
5L mills interest tax beyond the authority
OF the convention. The State had renowned
Its sovereignty, and could not resume 1t until
the conditions Of the compact had been full
filed. The right OF the bondholders to COLI
troll the exercise Of the sovereign powers thus
conferred was assured the protection OF that
provides that no State shall pass "any law
lmpairing the obligation OF contracts" and
could be enforced by the Federal courts.
This Is the remarkable doctrine the Times
has been upholding for months, and In &C
cordance with which 1t has insisted that the
convention not only had the power, but that
1t was It's duty, imposed by sacred obligations
to perpetuate this divestiture of sovereignty
by acknowledging itself without authority to
inquire into the validity Of the debt or to
exercise the sovereign power OF abOlishing
the five and half mills tax, and otherwise
regulating taxation as Its wisdom and the
necessities Of the people might dictate. In
view of these facts, surprise at the new de-
parture 81 the Times is natural, for 1t cor
tainly cannot reconcile It's new doctrine with
that which ii has invoked to establish the
sanctity of the debt and the contract right of
the bondholders to enforce the interest tax.
These heresies Of the Times we have com
bnted throughout and repeatedly exposed
we have commended that "all government,
of right, originates with the people, is found"
Cd upon their will only, and Ia instituted
solely for the good of the whole;" that the
sole object Of written constitutions ID ITO per
petuate the principles OF free government;
that these principles constitute the great TN
written law by which oil conventions are con
troled and which they are bound to respect,
and that anything they may do In contraven-
ton Of It Ia not obligatory on the people, but
may be revised and annulled by them at any
time. The very first fundamental principle
OF all republican government is that "sover-
eighty inheres in the whole body OF the peo-
ple" and is "inalienable." One of the
essential attributes OF sovereignty is
the power OF taxation and OF con-
trolling the disposition Of the public
iect matter of contract, but must remain
forever inherent In the people to be exercised
by them, and for their benefit, through their
legislatures. under such restrictions as the
people may see tit to impose. In accordance
with these views, we have held that the APP
preaching convention would have no more
right to perpetuate this five and a half mills
interest tax than they would have to estab-
lish a hereditary prince, or to do any other
act violative of the well settled principles of
free government" and republican institutions.
These fundamental principles apply as well
to the amendments OF 1874 and the legislation
under them as to the actions OF the ap-
preaching convention. We have denied and
still deny that those amendments are obliga-
tory on the people Of this State any longer
than they choose to allow them to remain SO,
or that any contract rights have been acquired
under them which can be enforced against
the State. We specially deny that there is
any authority on earth, judicial or otherwise,
which 10 competent to enforce against the
sovereign State OF Louisiana any obligation,
just or unjust, which she may have incurred,
except by her own express consent, formally
obtained. We are delighted to see the Times
coming over to our views and con
tending for the inherent and inalIenable
nature Of the sovereignty Of the people.
The Times will not be 50 hardy as to deny
that the right Of taxation ID sovereign
right" In the constitution OF Georgia, 80
much despised Of the Times, the true and
universally accepted tenet Of the "unwrltten
law" upon this subject Is thus formulated:
| Article Nv. Sec i. Paragraph /. The right
| of taxation is a sovereign Observation-Disclosures
| indestructible-is the Life of the State. and
| lican governments. and neither the General
Assembly. nor any. nor all other departments
| OF the government established by this consti-
tuition shall have authority to irrevocaby give,
grant. limit or restrain this right: and I'll laws.
grants. contracts. and all other acts whatsoever.
| by said government. or any department thereof
to affect any OF these PURPOSES shall be; and
| every purpose whatsoever; and said right of
taxation shall alcays be undar the complete con-
troll of and repocdbte by the State. Dotwi hstand-
| ing any gift grant or contract whatsoever. by
| the General Assembly.
In adopting this provision Georgia has
simply formulated, as part of her written
constitution, great principle OF fundamen~
tai law. Perhaps it was the part OF wisdom
and caution to do this, but 1t was by no
means necessary. 1t was just as much a
part of her fundamental law before her con-
vention formulated it in an express provision,
as it was afterward. and 1t Is just as much a
part OF the fundamental law OF Louisiana
as it Is OF that Of Georgia to-day; and it ap-