Year: 1868

and contest the matter in the courts. 1t
is known that the Railroad Company are
acting upon the counsel of some of the
best legal advisers in the State, and it is
needless to speculate upon what will be
the result, as time will develop it. In
the meanwhile property holders are anx-
ious to know what is coming next if the
Company carries its point-some means
must be provided to pay the State debt
and the interest on the bonds.


In view of the straits to which the
State may be put, it is limited that the
lottery men will take advantage of it and
make another effort to get lottery bill
through the Legislature, by offering the
State a large bonus.


Letter from State Treasurer Clark, i'm reply


to President Hinckley.


OFFICE OF THE TREASURER OF THE STATE OF DELAWARE


Dover, October 2Sth, 1865.
Isaac Hinckley, Esq. President Philadel
phia, Wilmington, and Baltimore Rail
road Company


SIR: have received your communica-
ton dated the 1st inst. notifying me that
the corporation of which you are Presi-
dent had. by their Board of Directors,
resolved to cease collecting the Della
ware State tax of ten cents per passenger,
on and after the 1st of November, 1868
excepting from those passengers transpor-
ted from one station to another in the
State of Delaware only"


Had your letter reached me through the
mails, its reception would have been
promptly acknowledged but its delivery
by an agent of your own selection rem
dered, in my judgement, an answer un-
necessary. l do not now conceive that
either courtesy to you or any duty I'M
posed by the relation | sustain to the State,
as its Treasurer, renders it incumbent on
me to reply to communication which l
am justified in believing, from its subse-
quent publication in the papers of the
State (not by my act, } was intended more
for the public eye than for my own in
formation While no duty imposes the
obligation to reply to your letter, l may
be pardoned from expressing my surprise
and regret at the threatened resistance,
by your company to the just authority Of
the State, which has generously fostered
all the railroad companies within her
limits. l am aware of the existence Of
no law of this State imposing tax upon
any passenger, or requiring the corpora
ton you represent, or any other railroad
company, to collect any tax from any pas
senger in transit, or otherwise.


The law of 1864, to which you allude,
and against which your proposed resis-
tance is to be made, imposes tax on
your company, and all other railroad CON-
panies within the State, and measures the
tax to be paid by the number of passen.
gers carried.


This law nowhere " imposes upon yor
the ungracious task" of collecting any
portion of this tax from any passenger
nor /" subjects you to the unpleasant criti
cism and severe censure of the entire trav.
cling community" Such suferings, i
they have existence, are self-imposed
The tax of which you complain, is YOU
share of the public burthens, as appor
toned to you by the Legislative power O
the State, and can be lightened or removed
only by an exercise of the same powe
which imposed it. 1t will certainly no
be pretended that the share of the publ,
burthen imposed upon your company il
either exorbitant or unjust, and the de
termination of your company to disregard
the law imposing it, manifests spirit o
inexcusable insubordination to the right
full authority of the State.


In view of the injury which may resul
to the financial credit of the State of Della
ware, | shall regret if your company shal
carry into effect your resolve to set at def
ance the legislative power of the State
and refuse obedience to her laws, by with
holding from the treasury the taxes lai
by law upon your property. But if yor
are prepared to risk the forfeiture of you
company's charter, and subject yourselve
to the other penalties incident to a viola
ton of the laws of the State, then in sue
event, the proper officers will, in the cours
of their duty see that these laws are dul
enforced, the credit of the State protecte
from assault, and the power of the Stat
fully vindicated.


1t is my official duty to receive all mon
ey made payable to Inc by the laws of tn
State, and to communicate all defaults I
the proper officers. [ cannot be relieve


from this duty by any construction you


company or their legal counsel may see


to put upon the Statutes of the State ten


ding to render them nugatory, nor can


allow any effect upon my action to b
: caused by your elaborate argument an
unjustifable imputations of bad fait
against the Legislature of 1864, chargin
them-as you do-with violation of th
States contracts, nor the counter assul
e ance of the Esprit of kindness and conci
, iation' to the people of this State, wit
e which you, somewhat oddly, couple sue
Y charges. Due consideration will doub
less be given to both by the Legislature
t its next session.


, Your letter has been widely publishe
e not, l repeat, by my act-and regr'
= to observe that your hint contained in It
3, leaving the question for the present BI
| Iuxx