The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-15

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Cooley says with reference to this uuota-
tion from SIR Edward Coke, athe strong Ian
guage In which the complete Jurisdiction 81
Parliament Is here described, Is certainly In
States, unless it be to the people Of the States
when met in their primary capacity for the
formation OF their fundamental law.8
The preeedents established by other STATE,
conventions are all III favor Of the principle
the recent action Of several Of the Southern
States, Georgia, Missfssippi. Alabama. Nnrtl,
Carolina, and other States where the debts nf
those States have been inquired into. scaled.
tionB. Il Is idle to say that the peonla sef1t;
us here merely to formulate and frame d T,esv
constitution for the State, not to embrace III
Its provisions an adjustment Of the debt. -
A revision of the constitution Of the state
therein acnomnIished hv the ABORTION ~ ~
amendrn ants fhat uara a,,hnaittnls j.. - tho ~
neonle hMf the reonie reiected thoSa a,.a,aT' na'
meIta and demanded viii, remarlsshla ma
tfa rrand and nrimarv nhact s % II that dan,snd
was n order that ahs n,bi q dsht ~. ss uan M
adiusted and thav T reiawaS esot os tha a,.a ne
NOUS taxation to which they y we're sav SUBJ s.f,-
lsetsa II, y e, g IL vain then Is gentlemen
tion and that wa have M noyuar utps ~ ~ ~
Futile indeed would IL or Iahn,a a, ~ 80
the incurrin9 81 the exnensa attandinr fhia
Convention n We can AZ noth,n~ -, aeeols onas
nllah the great and nr,maru ohiaot -, - asbiol
have alluded and for which this Convention
was called. This great question Is therefore
before US as presented by the report Of the
Committee on State Debt, and this question
we have the power, have shown. to deal
with, and tits our duty do, and thatduty the
humane governments are Instituted, or
should be, for the benefit OF the people. I'm
der our system they are organized and es-
tablished under written constitutions, and
divided into several coordinate dspartments
written constitution 10 for the purpose Of de-
fining and limiting the powers of these differ
ent departments. The Legislature Is but the
servant or agent Of the people, to whom is
tain defined and specific powers. Ii must
exercise these powers within the limits of tI1e,
constitution. The constitution, in other
words, ig their chart and guide, and 1t il a.
thing done or performed by a Legislature, any
law enacted, which contrayense Or trangcerdg
this constitutional Limitation Of their powers
is absolutely null and void. All debts created
by g Legislature, to be binding upon thepeople
test presented 81 this eonstit1tinnaI %
Limitation upon the Legislative power. Tf
they have been contracted for the purposea
and In the manner provided and a,itloriHed
cannot stand This test thay have no LEGAL
existence. The majority 81 the ' commitftee. m data
have reported that ali debts contraeted IL
the State In aid Of railroads, with some few
exceptions. were not CONTRACTED in ms aeeordanee nee
with the requirement Of the Constitution. and
are, therefore, null and void. and the neDnle.
are not bound to pay them. Among rti these
are some debts that were contracted before
the war, when the State government was III
the hands Of It's own Citizens and rn,1ef, rs-#
gret that It is our painful duty to have to=
pass upon the validity Of these debts b,1t the
Issue is upon Us and we ire connpalled to
meet It. These railroad debts were con.
traeted under the provisions OF the con-
stitutions Of 1862 and 1863 The consfitT1-
tion OF 1912 contained no limitations upon
the Legislature with regard to it's contractinr
debts for internal Improvement. The eonsfi-
tuition Of 1845 contains the most pogitfva ifr11i-
tations and restrictions. IN the cOnsflfrfinn
OF 1852 these limitations and restrictions were
partially relaxed, as Will be seen bv referanea
to the following articles. Article 1oo nro-
vtdes: "The Legislature shall have power to
grant aid to companies or associations of In
diyiduals formed for the exclusive purpose at
making works Of internal Enforcement.