The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-12-30

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Al11@sA, 4xsse; AsAxsaa. esSso; Fuida
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sFsz1 ssse: vsgsasa. 80; West vizxsu'a,
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TAepxuccsdasxs isclade shs sataoinsd Rspost
81 0sssssl Henry r. Jseksoa, tmsmesr OF the
Basss) 70 wham Wa Isssssssd the pssssstssian
o. amsmorsAl 10 the Legislature cf Florida ::
oxxHaAz sAcxsos's EEroxr-
70 ~ nearvi ef Yywskcs Of tke FAsssdg Es"os-
tssn EhNd:
GxxrtxnsS There having bcen no session
f tl,e Iwisiaauye Of Florida since nor last meet
inr. I have hal 20 opyoFsunify Of presenting 10
that ba3y the Memorial with which you inirusi.
ed ne nasi syeuce a report rs ~ the result al
that csrfesnraAted effort may seem N ne presnA-
ture Bat the consideration oi what acason you
viii take appn the persistent ref1sa' 81 Msss'ssip
nj To pay the wlsoae or any part of her bonds
n.sc u fhe Fund. --haying been deserrcd from
the iast 10 the present meeting mAaniy nor tie
purpose of naceryaining IN the mean time, what
course The State ID Florida viii be likely To pur-
sue untpef circumstances ASSUMED 10 oe anato-
gous,--i think II advisable N submit without
4 -. Ii. .s.-- Nr.H ~Ex
solute Cnnvictinn--thsi the presentation Of the
Memorial win be wholly fiIiiae.
la jusHce 10 distinguished Fiofiaians, wbaee
views upun the subject matter and the probable
fate of the Memorial have sought, It behooves
me to say that they protes' against the assimsla-
ton Of the Florida to the Mississippi rePafiaison,
in any fais sense of the word They emphaii-
caIiy tienv the applicability to the Florida boads
OF the langs.ge nsed by Mr.. Peabody In regard
TO eersalaslass Of she repudiased boads 81 Mis-
sissiepiA 8@Acss of The Legislature Of fIori-
da; no ~lccisipns" of her cnarts or of any ''sri-
baral have affirmed their validity" So far
from it, -1he Territorial Council The people, and
a valid clainl-" In support of this position, ~
hong and 50 universally held, have been re
ierred Ia the following facts and laws
7St The bonds were issued while Florida was
still a Territory
81. The ACT Of Congress, approved March 3D.
1923, entitled An act IN amend an act for the
establishment Of Territorial Government in
Florida, and for other purp1ses pr0rsded
that all bills To tax the inhabitants of said
Territory or their property shall before they be-
come laws, receive The sanction OF Congress
except when The bill shall Authorize county
city and town officers TO collect taxes for the use
and bepefit of their respective counties, cities
and towns, and for no ntber purpose
81 The Florida bonds embraced in Mr. Pea
a. ~ i
The tenth section nj An act Ia incorporate the
subscribers TO the Union Bunk OF Florida "
which was approved February l.. 1895, and
provided "thai, in order to facilitate the nego
tiaion by said hank of the said loan OF 81 .0o0
coo the faith OF the Territory is hereby pledged
ior the securiiy al the capital and interest and
that one thousand bonds Of one Thousand dollar.
each shall he furnished to the or,iel
ol the Union Bank of Florida. signed by The
Governor and countersigned by the Treasurer
and under the seal of the Territory.
The sad t.ouds may be transferable by the in
si.Hsemeut OF The President and of the Cashier q
The said bank, tn the order OF any person whom
sewer, or To the bearer; and all ex
penses attending the issning the said bonds si,a
I've paid from the funds Of the bank
An This act never received the sanction a
Congress, and consequently never became "A law
under which "a tax could be levied upon the
inhabitants OF the Territory or their property.
5lh Grave doubts were entertained before AM
at the time of the passage OF the act. 10 tht
power Of the Territorial Legislature tn pass il
The Secretary of the Territory WAS so impressed
with the iiegality ri The bond issue that be II
fused Ia attach the Territorial seal 10 the bonds
ami il was aff' xed by another person, under til.
authority or direction Of the Governor OF tht
Territory
9th By section "a of the said act il was pro
videl that the sail bonds shall i,
M instance be Sold negotiated at "A discount
or tor less sum than the amonni named in sale
bonds for the purpose OF raising the capital o
said hank Bot in every sueh case each a.,
every s,ond sold for a less SUN than the amour
named and expressed tbercsu shall thereby be
come forever absolutely null and VOID.
1th Ga the 90 day o: January. 1912, tn
Territorial House Of Representatives. by volt
nf ~ To T. adopted the ioiiawiEg
Isesoioed That the Territorial Legisiaiur,
dies not possess the rlglii. nor was il ever in
vested with the authority, 20 pledge the faith q
The Territory 81 as IL reoder the citizens Of tn,
Territory responsible far the debts or engage
menis nf ANY corporation chartered 10y sail Ter
ritorial Legislature"
Sih The Committee Oh Corporations OF til.
SAM. House, To whose consideration the matte
t., this bond issue hal heen referred in makins
their ren0ri used the following language Tn.
committee do not on this occasion deem il neces
| sary Ia comment upon the effect o
the disposition Of them 1.-THE faith bonds I" un
der par Ii the validity ot the bonds as a liza
bilitv Of the people al Florida was acknowledged
| then would the question be well worth consider
ing. But the people OF Florida have decides
| the question as TO their liability for the hond
u,on broader principles and groun Is. The,
| have said emphaticaliy that the Territorial Gov
ernment is not competent 10 bind them or pledr,
their faith for the use an benefit of private cor
porations.
! have now given the basis upon which it i
urged that the bonds in question never consti
iued debt which could be paid by taxation
thai the world had ample notice of this FACT an,
thai the holders took the bonds at their peril
Nor does the argument stop here. Even j
the Legislature nf Florida should be disposed :,
reconsider the Territorial action of January 23l
1912 and 20 recognize the pledge of faith, repu
diaied by the Territory upon constitutions
grounds, as still binding upon the State, ana
calling for supplementary Legislative enacfmcn
10 provide she means Of paying the debt, il i
further con3cndei that cumulative constitutions
restriciians, made inexorabe by the lapse o
time render payment of the bonds simply im
possible.
lst S ction Of Article OF the Constitution
framed by the Convention which assembled q
ST. Jr,sepls i'm D.,cember, 1888 and unoa whicl
the Territory WAS admitted into the Union Is Z
State in March. 1886. provides that no other O,
greater amnHnt at TAX or revenue shall n aHy
time be lcvicl than may be rcquired for the ne
cessary expenses rf the g0yesHmenf; :" and C
iian 13 of Arsicae Is OF the same Constitutions ID
rs follows. = The General Assembly shall MOI
pledge the faith and credit Of the State 20 raise
funds in aid Of any compensation whatsoever"
81. Secsian z Of Article - of the Conaitusioa
now In fsrce h rs foilows: TIE LegislrGnr<
s&.a - a