The Russellville Democrat., 1880-05-06

OUEub tftf tb US paul uu tASSc bVu tracts! And would you believe that Judge Wilson voted for this meas ure, thus, by his official action, stating that he believed the contracts to be legal and binding-the very contracts which he now tells you are void, and upon which you should never pay one dollar! And my friend from Sebastian, Col. Fishback, a member of the house at that time, never raised his voice against it. And that, too, when had refused in any manner shape or form to recognize these bonds. Why, I wrote the ordinance which was introduced in the .consti- tional convention by Col. Fishback, and passed that body forbiding me, (your land commisioner) from talk ing these bonds. And I wrote the bill which passed the legislature subsequently, forbidding your treas urer (General Churchill) from re- celving them. And when a Mir, Gath applied to me to purchase a certain tract of swamp land and ten dered levee bonds in payment there for, declined to receive them. And when Judge Martin awarded man. damus agalnst me to compel me to take them, I dld not obey the courts mandate, as did my friend General Churchill on former occasion, but I appealed the case to the Supreme court, and that court declared the levee bond act to be unconstitution- al-er rather declared that the act was passed in an unconstitutional manner. and therefore tho bonds were illegal. Judge Clendenin and Judge Sam, W. Williams had pre- viously mandamused the treasurer to compel him to receive these bonds. When Judge Martin issued his man. damus against me took the case to the court of last resort, and you know tue result. There is one question the Supreme court did not pass on, however, and that was as to the validity of the levee contracts, and I much fear, should that ques- tion ever come before the courts, the contracts will be held valid, notwith- standing the act was passed in all irregular manner-and you may pile up forty constitutional amendments, and yet they will have no more in fluence Tn preventing the recogni- tion of these bonds (where good work was done) than if they were so many ropes of sand--for no state can impair the obligation of 8 contract.
 As stated before, have done more to prevent the recognition of these bonds than all these other gen. tlemen put together, and yet I have never been able to see the necessity of my amendment--the Fishback amendment, as my friend is pleased to term it. For, if the bonds are frauds, there is no court on earth that can make the state recognize and pay them. If they are not fraudulent, and the levee contracts are binding, then no amendment re- pudiating them can have any effect Article 16, section 2, of our consti- rution, reads:
 "The general assembly shall from time to time, provide for the pay ment of all just and legal debts of the state."
 And there is still another section which says that the general assem- bly shall never have the power to levy any tax except for the payment of the just debts of the state," etc.
 Now, ask you, as sensible man, how could any member of the legis. lature or any department officer recognize and pay any claim of any character, which has been declared to be illegal or unjust by our courts, without committing perjury? And wherefore the necessity of "my amendmentP'
 These articles of your constitution were insertedin that instrument in lieu of the very amendment which is now pending before you. Just ad- nit of every thing that Col. Fish back says as to the character of these bonds, then his argument amounts to this-the bonds are un- just, illegal, and void. That being true. you are already protected by your constitution. Ifany of these bonds are just or legal, then no re- pudiating amendmen can reach them. By ratifying tho amendment, you get the benefit Of repudiatlon, and accomplish nothing by it.
 And there are the Holford bonds, Col. Fishbsch congratulates you that what has been paid on these bonds was paid while you and he were under duress. Gov. Miller says my friend was never under du ress, and in this 1 am constrained to side with the governor, as I shall show you directly. But my friend is mistaken. Several thousand dol lars of the coupons and bonds of the Holfords have been recognized and received by the present treasurer; how many l don't know, but Gen. Churchill has told us that he recog- nized these bonds and has taken quite number of them, but he be- lieved the debt is now discharged. But your late land commissioner has never recognized them, Tn part, or whole, or in any manner, shape or