Savannah morning news. [volume] (Savannah) 1868-1887, 1883-01-02

the House of RepresentatiVes-The Do
nor Firm in His Purpose.
WASHINGTON, Dec. 29.-CoI. j, II. EstiU
Savannah, Ga. DEAR SIR:-In reply to your
letter calling my attention to the objections
that have been made to the terms upon which |
proposed TO make a donation of $50 900 to the
University for the purpose of aiding poor
young men to obtain liberal education. |
have to state that the hard school of adversitv
through which 1 had to pass, in the DAYS of
my youth, and the great difficulty l had in
raising the means to secure what education [
received, caused me naturally to sympathse
with young men who are placed in the situa-
tion then occupied. And as it was nv wish
TO DO something to aid the cause Of education,
did not see any other use to which the fund
might be so proftably applied.
Many OF the brightest and most promising
young men in Georgia are the sons of the
poorest parents of the State. Others have pa
rents in moderate circumstances, but with
large families, who are entirely unable to give
their children a liberal education. The veal
thy, whose sons have the means to go to col
lege, possess great advantage over this worthy
class OF bright and most promising young men,
whose parents have not the means to educate
them, and who have not the means to educate
themselves. Many of these wonld make lead
ing men in the State and ornaments to society
if in early life they could borrow money
enough, with close economy, to educate
themselves. My observation has been
as rule, that that class of men are the most
energetic and likely to be the most useful
With sincere sympathy with this class, and a
desire to place them nearer than heretofore
upon an equality with the sons of the rich in
the advantages they so much need, 1 de-
termined to contribute of nv means AS
literally as | felt in condition TO do, to estab-
lish fund, the incomes of which should be
perpetually devoted to that character of edu-
cation, upon OASIS that the money borrowed
by young men, and paid back by them, should
constantly increase the fund, so that in the
life time of the University it would grow to be
a sum large enough to reach all the poor
young men of the State desiring it.
In addition. however, to this view of the
subject 1t Is due to candOr that | state that
had lost most promising son. who had lust
reached manhood, and who had been a student
at the state University; who, if he had lived,
would have inherited the money that pro-
posed to donate to the University. And had
desire-which, if founded in mistaken view
OF the subject, trust was a pardOnable mis-
take-to perpetuate the name of my beloved
son, now no more in this world. in connection
with this fund.
The question then presented itself to nv
mind, are there anv constitutional difficulties
in the way? and / looked carefully into the
provisions of our State constitution, and sat
isfed myself, beyond all doubt, that there were
none. In the first place 1 found that the
whole scope and spirit of the instrument is
intended to encourage the Legislature, and
even the counties and municipal corporations
in making appropriations for the education of
the people, first in the primary branches and
then to encourage the State University, and a
university or college for the colored people
In connection with this gener | scope and OBJ
Ject OF the constitution, l find that those who
framed 1t intended to encourage citizens of the
State, or of other States, to make donations
for the purposes of education. The language
of the constitution under that head is, 1.-The
trustees of the University of Georgia NAV ac-
hpnnngfg a md 70 2 Ia,, 4
other property for the use of said University"
IN providing that the trustees NAV accept be-
quests or donations, 1t certainly intended to
encourage citizens of the State or other liberal
minded men to make to the University such
bequests or donations.
/ did not feel. therefore. that il would be the
policy of the State, if rendered a donation of
this sort, to reject ii, but supposed it would be
the policy of the representatives of the people
to accept; and, on any terms that We're rea-
sonable, TO encourage not only that but like
donations from liberal citizens. Taking this
view of the subject, naturally concluded that
in constituting sections or paragraphs of the
constitution that might be considered as limi-
tations upon the power of the Legislature in
taxing the people and appropriating money,
or incurring debts by the State thai a liberal
construction should be put upon such para
graphs in favor of common school educa-
tlon, IN favor of appropriations to the Uni
Verslty, and in favor of encouragement of
bequests or donations to it. In this view of
it, if had found language that was doubtful
as TO the right of the State to accent a dOna-
ti0n upon the terms proposed | should still
nave believed that it was the duty of the
members of the Legislature to put liberal
construction on the instrument to meet such a
case, and to encourage such an endowment.
But find no such difficulty in the constitu-
ti0n. 1t is true | lind limitations as to the
right to issue bonds, or to incur indebtedness
on the part of the State, but they do not DENY
to the state the power to incur debt in a
case like the one now under consideration.
When looked to paragraph l. article Z, Sec
tiOn 3, of the Constitution. | found this lam
guage: ''NO debt shall he contracted by or on
behalf of the state, except to supply casual
dehcieneies of revenue, 10 Fepel invasion, sup
press lnsuIreGtion, and defend the State in
time of war, or 10 pay the seisti1la public debt
but the debt created to supply deficiencies in
the public revenue shall not exceed in the ag-
gregate two hundred thousand dollars"
Here, among other things, the power is given
to incur debt to supply the casual defioien-
cies in the revenue which do not aggregate
more than two hundred thousand dollars, or Il
debt may be contracted to pay the existing
public debt.
Now. as is well known, we have debt of
some nine millions Of dollars. Portions of it
more than three millions of it viii fall due in
the same year, Nobody expects that the
people of Georgia viii be taxed three millions
to pay a debt coming due that year How
shall we meet it? We shall doubtless issue
new bonds and exchange them for the ma
turing bonds, or put them ON the market and
sell them, and get money with which to pay
the maturing bonds. Does ANYBODY hold that
the State is obliged to tax the people to paw
every obligation as il fails due? II SO, why the
exception TO the rule giving to the Legislature
the right to contract q debt To pay the exist
clear for argument
The Hon. \. j. Hammond, chairman of the
committee appointed by the board of the
trustees Of the University, drew the bill that
was before the Legislature with great care.
after lar I.,, e
trustees, except Gen. TOOmbS, had approved
the donation on the terms prescribed The
bill required the money to be put into the
treasury and to be paid out to the maturing
bonds of the State, and a new bond OF obliga
tion, to be given to the University to run
for fifty years, bearing per cent Interest
How did this violate the constitution? 1t
might possibly have had to lie in the treasury
awhile before any bonds matured in the pay
ment of Which it could be used. But as soon
as fifty thousand dollars OF the bonds did ma
ture,Why might It not have been used in the
payment of these bonds, and new h0pd QEob-
legation given 70 the PniYeiSity Tor its BY
what fine spun distinction can the right of the
Legislature to accept money for the benefit of
the University and give new bond, and the
right of the Legislature to accept money from
anybody wanting to purchase 4 bond and issue
a new bond, be maintained, where the object
in b9th gases is to pay the MONEY to the public
But it has been aaid the rate of interest is too
high, The state could borrow money at per
cent. 1t is true, when she issued what are
called her baby bonds, at 4 per cent, paving
commission commits o., for the sale, as, have been in
mostly 70 corporations, that used them, by
paying them back to the State for railroad
property purchased, etc, 1t would be a strain
upon the pubic credit of Georgia, that her cit
zens might not care to see, to place her per
cent. bonds on the market in the present CON
iitiOn Of things. But 1 suppose no oonstffu-
.ional lawyer will deny thai the State has the
rlght 20 issue bonas Tor money received and
1sed IN payment Of maturing bonds, or
that the Legislature has the right to fix
me rate OF interest, and that il might
legally in such case be fixed at peE cent.
That is the rate Of interest fxed in' Georgia
between man and man, Where there is no con-
-ract varying It. That Is precisely the rate of
interest fixed In the law now upon the statute
1ook, where the state bonds held by the Uni
Ferslty are maturing. The laY nr9yides in
such case that the GGKeEnaR shah take up the
nallElpe hands and Issue a new bond or obl-
CATION TO the University running fifty wears.
1t per cent, payable emi-annually
l looked at the law, which found uuan our
OWN statute books as applicable 10 the Uni
IersIty, anc placed my proposed donation /
lpoh precisely the same terms | simply said
As you take up the maturing bonds OF tie Uni
Gersity, and give new bonds at fifty Years at !
per cent. semi annually, wifi add ffty thau
'and duilars' to the endowment II You will
axe that sum and give the bond or obligation
'f the state running for the same time, at the
same rate OF interest which you paw tho I'iS
Iersity IN new bonds, og all sS:.ate bonds
" .si sie may hold "a sast as thay mature.
" as lni1 unreasonable? Why e6opid the
state refuse to pay the same rate of interest
)n money (which give the University which
ihe pays on money received from the land
grant funds
Again, suppose the Legislature could bor-
row money at per cent. and issue bonds of
he state in payment, and suppose any other
'ltlzen than myself were to point to the proyi=
lions IN the constitution which relate "a the
of education, and to the en-
'ouragement Of the University, for the white
IS well as she eolored race, and TO the encour-