The weekly pioneer and Democrat. [volume], March 18, 1858, Image 1

About The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865

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VOL. IX—NO. 50
The Position of Governor Walker.
** The following letter from the Hod. R. J.
Walker to the aoti-Lecompton Democratic i
< '.invention, held in Indianapolis ou the 23d
iust.. did not appear in the regular report of j
the proceedings, but has since been published, i
Jt will put to rest all doubts concerning Gov. I
Walker's position:
Wamiikotox, Fob. 20, 1858.
Acstim 11. Brown, Ksq., Chairman, Ac.:
Sir : Your letter in behalf of the Com-I
mittee, inviting me to address the maos meet-1
ing of the Democracy ol Indiana ou the 22d I
of this month, at Indianapolis, has been re- ■
reived. It would have given me sincere 1
pleasure to have complied with your re*|uest, j
but on the 24th ol this month one ol my
most important cast's, now pending in the 1
Supreme Court of the United States, is set :
down for argument, and I cannot I*
on tliat occasion.
The power of Congress to admit new 1
States into the Union has heretofore, at va- *
rious periods, been fully discussed by me.— I
This power of admission most clearly im- t
plies the previous consent of the people of ■
the inchoate State, not only lor the very l
terms, but as required by the fundamental 1
principles of our Government. Indeed, I
presume it will hardly l»e contended that 1
Congress possesses any jniwer to force the |
people of a State into the Union aguinst
their will. The Union is composed of a
confederacy of co-eijual sovereignties, and
each must have freely entered into the Fed- '
oral compact, lly the people ofa State, un- )
der our Federal Constitution, is always in- i
tended the majority of that |«ople. The ,
people of a State, in entering intotnc Uniw. j
always indicate their previous assent by '
adoption of a State Constitution.
My own opinion, as heretofore often ex
pressed, distinctly repeated in my letter of
acceptance oi the Governorship of Kansas,
and reiterated in my inaugural address, was ,
that the assent of the people to their const!-
t ition can only properly be ascertained by a :
direct jiopular vote lor or against its adop
tion. ludeed, in what oth r way can it Ik- |
ever known that the people would have as 1
tc-nted to the constitution unless tiiey are |
fsTinittf d to vote for or against its adoption? 1
The President, in his tmnsagc of Decent tier
last, admits this mast lie done as regards '
the question of slavery us regulated by a
State Constitution, although he concedes
that his instructions to me os regards the
submission of the constitution were "general
and unqualified." It is most unfortunate
that such an opinion hud remaiisd so long
dormant ie the breast of the President; for,
it the slightest suggestion to that effect had
imen made to me. it is quite evident from my
life-long opinions on this very point, so often
ami distinctly expressed, related in my let
ter of acceptance of the Governorship of
Kansas, ami rvitcrahd in my inaugural ad
dress, that on such conditions 1 never would j
have gone to Kansas.
It is true that the Prcskh'nt, in his Mes
-ago. most (rankly concedes, not only that
ins instructions to me as regards the submis
sion of the Constitution were" general ami
unqualified,’ but also that he then supposed
that the Constitution itself would have been
submitted to tl»- vote of tlie people, and
that in his judgment this ought to have Isen
done. But, nevertheless, his message of
Peeetnls r last, to my surprise and astonish
re nt, first developed tbe astounding fact
that the President considered that nothing
but the slavery question was required to Is;
submitted to the vote of the people. Ido j
not mean to charge the Chief Magistrate of
our eosntry with wiltul deception on this
question, but this I do say. as indicated by
iny lif - long opinions, publi-lad again ami
again, repeated in my letter ol acceptance, ,
reiterated in my inaugural addnvw ami va
ri**us despatches, that tlie Presi,lent ami all
his Cabinet well knew my opinions on this
subject. ami that 1 never would have gone
to Kansas except upon the conditions of ad
vocating the submission of the Constitution
for ratification or rejection to a vote (4 the
pm.ple. This, with me. was a vital qnes
•ior. embodying the only fair. just, (icaceful
ami con-titutional method of settiiag the
difficulties in Kansas.
It wa< with extremeretaeunev, ami ae
componied with great sacrifice, ami after re
].at*-<l refusal*, that I at length did consent
to go to Kansas ; but upon no other term*
would I have gone than upon th**» above
indicated . ami if the President had stated
to me that tbe »iav<ry question only, was
required to be submitted to the vote *4 tbe
j**,p|e. he very well knows, ami all tie- Cab
inet well knows, ami all my fneisi* who
conferred with me at that date know, that
on -mr h «s>ditiof» 1 never would have giioe
to Kansas.
In my admimstra'iori of tb» affaire of
Kansas alwmyv communicated from first to
ast to the President. I faithfully carried out
these views as regard* the submission of tb>-
Coostitutioo to tbe jeople. ami by tb*--e
Dean* as the President frankiy admit* in
hts late Kansa- Message, prere-oted a san
gumary rer'duti'S) tbeie m June la-t. This
revolution rri'il have c mrmi Kessi with
i .*<od ami deaolat.OQ , it would I.stc bser.
nark'd by ail those horror* which evvf or
c* mpany civil war which rn»-( have extend
ed !o bordering ctst*** and Territories, ami
involved but too proba?*!y, the ruin of nur
betored country. How sir tb* dreadful
catastrophe averted? By my addresses and
dispatches, quoted by the President, advo
cating the submission of the Constitution
for ratification or refection by the vote of
the people, ludeed, my only alternative
was to suppress this revolution by tbe bay*>-
net, or by advocating tbe submission ot the
Constitution as above stated, and pledging
my l>est exertions to obtain a fair election
for the people of the Territorial Legislature,
in the then ensuing October. These pledges,
and these alone, it is conceded, prevented
revolution und civil war.
And why should they not now lie redeem
ed? For myself, these pledges have been
most faithfully maintained, and they will be
redeemed by me, if necessary, with the last
drop of my life's blood, and to the latest
hour of my existence. These were pledges
well known to the President and ull bis
Cabinet. They were pledges given by me
in good faith, and any abandonment on my
part, after the people had accepted and act
ed upon them, would lie to cover myself
with infamy and dishonor. Whatever, then,
may be the aetion of the wavering, timid or
corrupt, menace and proscription have no
terrors to me. I will continue to tread the
path where conscience und duty call me, re
gardless of all consequences or sacrifices,
personal or political.
But when' the case now exempt from
tin's*' pledges and its consequences, is it true
that tne people. in framing a Stab' Consti
tution, are only to decide the slavery (pH's
tion? lias it come to this, that the js'oplc
in their sovereignty ure to decide only the
destiny of such Africans a* may lie in their
limits, and not upon all those far greater
rights which concern the life, lib,Tty. one
j»yty, and happiness of u free people? lias ■
tm: African become so elevated above the
freemen of this Union, that they .in their sov- I
ercign capacity, may not decide iqsm all that j
concerns their own government, Iml only on
the fate of that sable race that may Ik; within I
jheir boundaries? And is it true that the !
jK-ople in inchoate Free Htate*, can neither I
ratify or reject any jmrt of their Htate Con |
stitution, but tliat this can be done in in !
clioate Slave States only, and then only as
regards ibis one particular institution? I
The Kansas and Nebraska bill declares 1
it to Ik> “true intent and meaning of this !
act to leuve the |S'opk' thereof perfectly free
to form ami regulate their domestic institu- j
lions in their own way, subject only to th*
Constitution of the Lnihd States." Now !
the President in hi* December message od
mits thut tbe term “people," as here used,
means abut it says, the people themselves in j
their sovereign capacity (as contradistin- i
guislud Irom conventions) in voting lor or
against the ratification ofa State Constitu
turn. But be says the term ' domestic in- i
stitutions," in the plural, means only on,' 1
institution, nuns'ly, that of Slavery. But
tls' terms “Timm domestic institutions" most
clearly include them all. because extending
in words and letter to ull tbe Territories of
the Union, whether bond or free
The President regard- this K an-as and !
Nebraska bill a« an enabling ait. but etia
hi ing whom, or what or how ? Why. ena
bling the people to form and regulate their
domestic institutions though a.State Consti
tution. The word “ Jorm " is l*-r* signi
lirant. Whoever srs,kc of forming th“ in
stitution of slavery 7 This word most clear
ly implies th' forming of si Stab-Constitu
tion ; and if it dm?* not mean this, it is not
an enabling ad, for that is the great objwct
ami purpose of such an art. These word-,
th*n. do not enable the people to frame a
State Constitution, ami by which atom'they 1
shall form ami regulate their institution , >
amt the President concedes that the word
“ js-oplc.' a- here used, means, as it say*, i
tls: people themselrre, as contradistinguish**!
from Conventions, by a dire t vote for rati
fication or rejection. Tins. then, Ik ing an
enabling act. an act. as construi-d by tbe
Preoid'-nt. enabling tbe (wople b, frame tb*.-ir
own Conctitutioo. this term, the people, can
not have two interpretations, one meaning
tb*' people tbemselv*> ami anotler also, aa
th*- President iu*ists, (’oaventiou* only.—
No; three words, tbe people, in tliat act,
have but on*; significalhio, as applicable to
all their domestic institutions. as it can nev
er lie interpreted to mean as Its; I’resident
would construe it, in what Ik- calls an ena
bling act. tbe people, so far as regard- tlie
question of slavery, and Convention* only,
as regard* all other •object*. No: this 1
great act declaratory upon its very la**-,
was inb-nded to recognize the right of wlf*
government in its broadest and m***t com
prehensile s>-nse. as vented in the fv**f«U
thenwelrre. extending to all tb*-ir d'xnre'ic
iretitnfions whose provisirms roukl only te
kiV'wn arsl a do! on by th*m. when submit
ted f**c tlieir decision try tb* ('on rent ion
Ami thos it was that the Kansas am) Ne
braska bill »a* a recognition of that great
tuisJamen'a! principle of pubhr htierty, em
bodied in tlie F*-beral f’-onstitutinn. reaerv-
Ibg all SOV'teignty to the people of tlie sev
*Tal Htate*, admitted or inchoate and not as
vested in ronventioos wh*» feswew. no sore
reignty fwhiefa cannot ’ e delegated or divi
*le*l.) hot an- aervaot* of tbe people only,
and n*A their masters
• a ucb is the true meaning of th* term
people in tbe Khixms ami Neoraeka bill os
now ami always advocated by its diatm
gurshrd author. Bach wai the *nUwyveta
tioti given to thi* act by both louse* id fVio
T PAUL, MINNESOTA. THURSDAY. MARCH 18, 1858.
SAI
gretv* in the Minnesota act (which is but
supplemental and in execution ot tbe Kan
sas and Nebraska bill.) in requiring tlie
Constitution itself to be submitted, for rati
fication or rejection, to tbe vote of tlie peo-
Ele. And why should Ibis odious distinction
!■ mail*' lietween Kuuaas and MiumsHita?
Why should the people of the latter be jw*r
mittid to vote for or against the ratification
of their State Constitution, und this gn at
sovereign and constitutional right lie with
held from the people of K ansi is ? Is th*' one
u sovereign and tbe other a subject Stale t
Where are we, and in what direction arc wo
drifting ? Are we upon tlie bunks of tlie
Bosphorus or Danulic, or tqiou the soil con
secrated to popular sovereign tv by the
blood of the revolution? Is it Executive
edicts or sovereign rights that constitute tlie
liUrties of our country ? Are we freemen
“who know our rights, and knowing dare
maintain." or are we vassels, serfs,or slavtx,
paluee-slavcN, that will cringe or change ut
the stump of the foot of a master ? Is it tlie
the people ami the States, us represented in
the Senate and House of Representatives,
wiio ure to record tlieir voles us indicated
by tlieir unbiassed judgment; or ure they
merely to register Kxacutive edicts, under
|Hiiultie* lor refusal of denunciation und pro
scription ? Is the President the master or
the servant of tlie is'oplw, that he should thus
dictate to them or tlieir representatives, un
der threat* of exclusion from the party of
their choice? Is Democracy a name und u
shadow, nr a substance? It meuns the
power of tht peopli. This is its vital essence.
Or has it lost its true signification, or ure
wo moving from it with viewless but rapid
strulcM toward despotic pow<T, to make ami
unmake tbe rules of political luitli under
pains und |ieuultit‘s abhorrent to th*' souls ol
freemen? Is this tbe eighty-second yin of
our iudependeuc*, or is it the first year of
Ameruan Atonanhy, that is uoiv dawning
iqwin u-?
I/'t the |*cople—let the masses com|sising
the true d'-mocruey—arouse Irom their slum
tiers. Ist them break tls, chains which
would fetter their free tlsmght and Ins' opin
ion, and assert their bloml bought right-,
and especially th*' great intkleasible sover
eign right of self governineot.
We have lullen on evil limes ; the liber
ties of the country arc in duug*r. Ist till'
|ieopic in every town, county ami stale rise
in tiM-ir majesty to tls- rescue. I*4 th*' tim
id or corrupt falt*'r us they may; l*;t the
demiKTacy of Indiana, now in mas*- meeting
assembled, prisduim in toms* that shall ech"
tlirouglusit our Republic, that tls' spirit ol
the Revolution is not iwlinct in their Ixisoms,
but that from the lukes of the North t*« the
lovely valleys of the Wabash und < tliio
you, the democracy of liidiuna, will stand
om; iimlaunUwl column, by tls; great prin
ciple of popular sovereignty, sustained by
them at the |silb in 1 mM, a- einb*slie*l in
tbe submission of the Cotistitution lor ruli
ticution or rejietion by the unfettered vote
of th*' (icople of Kansas and of every other
Territory.
Thanking you for the kind munuer in
which tbe t-'onimittee, through you. have
I wen pleas* si to s|«'ak of my humble -sTvircs
in Is'liulf of tlie great Item's ratio doctrines
of Htate and (sipular sovereignty
1 am most respectfully, ymr fellow-citi
zen, ItoHKRT J. WaI.SRR.
11, mar rail* ( •*•<*< nllwo.
Coi.i'WßDs. Ohio, March 10. —A large
nunib*T of tlie Ib'nesTacy **f Ohio met t<*
*lay at e.J<-vcn o’clock, at tb*' theatre.
001. Manypeny. of Muskingum, was
elected tinqsirmry ehairman, aisl <W
Blair, K It. Kinsman, of Cuyahoga, ami A.
(layman, of Cincinnati, were appoiutid *ec
retanm
A manmitU* was ap[Kiint*-1 to *.-b<s*s
|s-rmais'iit **ffi«T> . aha* a committee to
wait on ex.Goverrmr Htanton, of Kan-as.
Tb*' Conveoti*« lion adjourn'd until two
o'ckick r. •
ArrassmiN Hicssi****.—lion. A. P. Htan
ton ma*)c a powerful am) effi-etive *[ieech of
three h-mrw in length to the Convention,
ami was listened to with attention and ap
piauae.
Tbe Ottventioo took a reces- f**r *up|ier
A sera* of resolutioas w.-r* adopted ntue
nimoualy.
< *r*at enthusiasm In*.** Isvn manifiwted,
ami tlier*- wo- in attendance maty ol tlie
leading ltem*s-rat- ol the State.
Tb*' anti I>.-c’>m)*’on ax- ting to-night was
b*;l*l at (.'one*ft Hall, which wa* crowdwl
to It* utmost capacity
Hot*. Htooiey Matthew*, District AI tor
iK-y lor tlie HiSiUs-rn District of Ohio, mad*-
a *[K-*s;l* agamat tbe las oinptor* Omatitu
tion. wiuch was warmly a[*p au*l*d Judg*-
Johnson »<i< *«d*d him ]>urbin Ward u
now. 0 o (dock r. n.. apeak.ng, ami tie- meet
ing wol doo title** contuiue to a late issir.
During tb*- aftermsm w».*<o Mr. /iete.
from tbe * '*nmitt*e *« permaneot officer)*,
reported, fix |*r**i*i«*t, G«*j. W Manypenny,
ami tw*t»ty tie*- |*rwud*T)U fr*<m different
•ectmu of the Htate, and U*r*<- seer* tare*.
Moam*a Hrawaav, who wot convicted a*
an accomplice in tbe murder of tbe Wnaos
family, m AfHrhany county, p* Uji wa*
[*ar>i*io-d on tie* contaaioo *jf the guilty
parties *fxd on last Wndneaday. in tbe tea
piUi from smail-pr/x eooteocted wb> in
4>|>|tt»««tl |o Hi# |A,OUII,UOO laonii*
MKroKD ARTin r
Hr. I’ait., March 16, lttfifl.
Tu iKr KdlUtt a <4 th* HWdtrcr AD*l l»ri»u*<mi.
In ray last eomnmnieatiou, 1 think it waa
fully shown that tin* pretended securities ol
tho’loan bill, are entirely insufficient for th"
prottvtiou ol the Slate against lo*v>. With
yoar kind [HTiniwiion, I will now endeavor
to demonstrate ihst the railroad oonqwnica
will, i( the propwd aniemliueut to tin* con
stitution Ik* ratified by tbe |>eople. have the
|H)wer and the inducement to defruud the
Htate out of the loan, and tliereby saildle
u|sm the iieoplt * debt of §6,000,000, with
the accruing int r'st of §160,000. and coat
of collection, to be |>sid uimually for twenty
live, or perbana only tweuty-lour years,
amounting in sil. principal and interest, to
the eimrniou- sum of ut least thirte**n mil
lions ol ilolliirN.
If it hail Ihx'ii the design of llm Isgi-la
turn to frames law empowering und inviting
these railroad i-ouipaitiwi to swindle the
Htate, It would Is* difficult to accomplish
this pur|s**e with more cunning than aiqs-urs
to Ik; rerealed in the various provisions of
tls* pro|M)M il amendment.
1 have no doubt thut a critical unuly.-i** of
Die pretended m-nirities of tins lull, when il
lummafixl even slightly by the light of ex
[s*rience and common sense, will convince
every unbiasol an*l unprejuduNxl lux-pay
er, thut if tlie lull Is; rutil'nsl. il will both
empower and invite these railmud corn
panie* to swindl** the Hf ite. Allow inu t*>
call attention to tlie security nrovisiouu ol
tie; bill I quote Irom un ollieiully |Hiblish<sl
rtmqisiiy slisll nisk** provfsiiui for tbs
I**lll* tual psvmi-ht sml rcilemiitioii "f all binnli*
issui'J auil dollirr*"l as aforesaid, to »»i*l coin
|*»ny, on-1 for Ic |*mirlii*l psyment of tin* la
!i-r«ist whii li shall soerua llM*i«tiii, m sik-I* man
ner *« to **X'Ui* r*te Ibi* Treasury of Ibis Stole
fmiu any adtani e« *,f money for that purpose."
Til** above is ull preamble to theinurtfir,.
mere surpluMage, and I<h*Ks l*U* u blind to
deceive. It is of n*i effect, for tlie exact se
curities whicli the Uonipunics ar*' to give,
an- define! as follow* :
“Ami »« » s.iunlty lle refor, the Oovernnr
shall <lem»iul and receive front »«< I* of sal*)
t ompiinlos. bi'toie any of said boii'ls ar« lssu***l,
an instrument plmtafng U**; net pmllts of Jto
ri)§ij, fur tli«* iiftyiutfiit of liiMTf»t, midi n
oouvoysni e to the l-itole of Ms* llrsi two him
■trod noil turiy oeettono *>r lon*l, free from prior
Inrumlironeeo, which sn* h CJonipony is or may
In* authorized to sell in trust (ol the better se
i iirity *g lie* Tmaoury of the Wat** from loss
on -till bomU, which sOill ileod <if trust shall
aulliorfzi' the linrerteir on*l Mnrretary of Htate
to nuke convoyanoos o' title to all or ol ony
sueii land* to purchasers sgreamg with lh<* r«
speetive Itailios*! < umpslile* therefor. I’m
ruled. That hefors re I* ssing the Inteiesl *,r the
SUte to such land*, such ssle shall b* spprorrd
by the liovernor, but the proceeds of ell such
ssles shell be spplieil to the psyment of Interest
seeming upon the bolid* In esse of defsalt of
the psytueiit of the same, sn*l as a sinking fund
to meet »ny future defsuit In the payment of In
terest ami th* principal thereof when due , and
as further sreurtty, an amount of lirst mortgage
bonds, on the roads, lands stnl franchises, of
thr respective ' ompaniea, < orrespoiiding lo the
Stale builds Issued, »hall lie transferred to tbs
Treasurer of the Mute st the time of the issue
ot Slate bonds, and in ease either of said Com
panies shall make default In iiaymcnt of either
the interest or principal ot tin* bond* Issued to
•aid Companies by the Uovernor.no more Ststa
bonds shall thereafter be laaued to said l on*
pany . and Ilia liovernor shall proceed In each
manner as may be prescribed by law. lo acll
ihe bond* of tha defaulting Torn pany or t om
panics, or tha lands held in trust as ahova, or
may require a foreclosure of the mortgage ex
ecuted to secure Did same'"
Now " gentle rtoiler," whut <lo you sup
jew,' tie* above quotation from tbe bill
i incur* ? If yin arc not familiar witli tbe
tricks of law makers, and ban- not cloacly
arantesl it* various provisos**, you may.
, witli a gi-noroos fdsili'l*nit; infer tliat it la
all right, and brimful of tbe " anqil*- aecu
rities ao much cxt*,lM by tin; learn**)
friend* of tlie bill. Dr, you may modestly
dismiw* >t ff'*m furlln-r study, as too pro
found for y*Kir untutored coaprdiffixioo;
ami. fix y*sir cnligbU.-nuictit tick an easy,
! lucid an*l satisfactory explanation or jsira-
I j,lirase, Irom Urn able friend* of tbe bill,
which y*si will find Mattered iiroadcast
over the Htate, in Un-ir n* wsj*ajs-r artickw
and
Ailow me, bowevtT. to warn you agaiiwt
tbe danger of such nnsplae**! (ssifidence
Many of the**- gentlerie-n have leen sfflict**l
! |,y a strange d*-lusion. infaloali'si, or some
thing d»e. »> that lls-y lnsieetly. jsTbaiw.
reprewnt that there are se*-linin'* in tbe*
bill, which cannot In- fisitnl on a fair inter
pretext km ol an *4Acial copy.
1/d ua f*»r the Jirew-nt kiftiMmr the [see
pic tls; bill tii lie submitted to them, arsl
I,re-fly '■ooahler th*- foregoing quoted ex
tract. I think we shall xe in tlie upjst
, rent fairness ami confused infoluti**) **f it*
giutrded pros shoo*, what will I mk very
i Ilk*- an inteoded dere-ptmn. This quality of
tie- bill may he, however, only a remarkable
. *c< *Jetit. In disMcting tie- j«rt <juote)d
th> famous wraritim—we would briefly ex
, ain o e»cb Hatwe in its owW. ami to mak*-
tl* critidoß clear, net down lb*- quotation*
fnsn tlie frill in WUi"
| Ist. The “ net profile," kc.
the availability of tin* security t* so re
n**t* tfiat ttw Htate may tor (wiudUl ont of
the whole S!iMOJXj>> befure there are any
• ** pr'ipt*-
2dl A*d a cftnerytJ'*'* to \Ut Hiatt of ikt
i fret lw» hundred and /wrfy mlumt of larol
i fret ftom jnmr mt'imbiamt*.''
Uiton a lair oorwtruellon of the land
grant, the Htate is nrobably entitlrel to rtv
reive for each roa*l 120 wvtionti upon likui
tion. and in advance of com plot ion The
legal title to flm land will first be in the
Htate. The equitable title 1* in (he comna
tiica unen whom tlto “ Kxtra Hivwimt " Ikv
stowed it. Till* eonvoyamv to tbe tlover
nor unite* both lujuttalile ami legal title in
him, enabling hint to make good ami suffi
cient diviln. A* will Im explainctl, the
Governor is math; only a trustee to execute
deed* for the r«mi)Hiny.
No cotn|MMtv will gtd, however,more than
120 wTtinii* of land, till it shall Have “com
pleted" twenty mile* of mad. After pro
viding for the “coiiceydnrr to thr State,” the
bill gisv* on to providu further wlmt hliiill In'
ihuie with this mtciiwt ho eonveyml, us fol
low* :
It*/, " H hah siuh I'nm/Mini/ is or mai/ hr
iiuthoriznl to sell in trust for the better sent
rify n f thr Trnitui y til thr Slnlt f rom lot*
on win I bonds, [ Slntr lioiiili J . '
F.iich (’iuii|>any Is Urn* made u trustee to
tS'll the land*, and, of eoiirw>, hold the pro
(Xhhls, " for thr tiettri senility of thr Stole
Treasury.” Tlii* fund, thus confided to the
Ruilrou*) t'oinimny, lo secure the Stair, cuu
not Im r* aeheil, nor ran proemvling* b** in
h! it litre*! (or it* reiuivcry, until tin* eompaniea
default in |iuvineitt of intenwl, or principal,
it thru, fur liie remedy by h milMequciit pro
vision, is yet to be provided by the legisla
ture.
The hill proceed* :
4th " If’/*>*A win/ drrd of It list shall flu
Iluirnr the (Jiweiniu and Secretary of Stale
to ninir rimi'ryantrs of title to all or any such
lands la parrnatrrs agiremg rrilh the iripeil
ive Kailiaad t'oriifoinits there) m,"
Whut “iltnl oj tr asf" is this? Tlie only
•Iced, previously refi-rnsl to is tlie "(unify
ante to the State," which must lie tic “ deed
ol trust” authorixing, ami tlwrelore direct
ing llw Governor and Hecretary of Htate to
liecmni' the conveyancers aigl dis*lexecutors
for the Rttilrmal ('oinismi***. When a com
pany m'll* tlm lands, they will be bound by
t lm* ami'ii*l* d eimstiliitinli they liuve sworn lo
siip|sirl, to muke d**»l* to " purclulsei *
agreeing with the rrsperlivi. Hinlioud Cum
panic* tlie re for.” Tliougli the Htate is to
Ik* swiudlixJ, Mid tiiuwi Htate offii'i r* know
the fact, llicy eannot rluuigo this constitu
tional provision fis- the probrtioti of flu)
Htate, but miMt ots*y it, without diserelion.
'lltn rights of tlai “parchaser*" and parlies
will enforce this construction. Next in or
der ill this bill of iniquities, is un iwteola
tion* "/'roiui/n/," ominous of oilier like pro
tections of “ tin* Trretsuty of (Ik* Htate.’
t>th, "Provided, I hat he fait releasing the
interest of the Stale In suih himls, o oh tale
shall he nppiiroeil hy the Governor,"
Tims before this grain) swindle slialt have
Iss-n playisl out aisl Its; confiding ttof I’oo
ci.K "i# t ami available lands all wild bv tlie
Railroad Compamit*, " swh sale shall he ap
nrorrd hy the Uiinernm." Tig* Governor
bus no diserelion, tlie command is iinisriv
tire. If “such sale" wa* made subject to
the apjirovnl or di*u|iproval of tlte Goverisir,
Ua* law wimld lie different, but the nsistitu
tion thus uini-iidivl will say " such sale hum.
hr Amtovau" by him. This, i* Imwever,
after all only one *>f the iqipurunt Idinds of
the bill, us if to Isssiwink tla; pcojilc into
lie; lolud that tla' Governor 1* mode tla*
guardian of tb*; public int* rest*, lint if
our interpretation were doubtful, la; Is to
i/uittd as already sliowu to sign tla; deeds,
to any purcluuer who nuiy agree with tla;
Railroail <’onijiuoy. aisl by that iwtof nmna*
exliHiist all his authority ami in fact ap
prove* tlw sale, which la; could not refuse in
do, mi us to affect the rights of third parti*.*;
mi fimg, at hast, os the ( ’oitqsMiie* are not in
•k-fault in tla; jiaynent of mterest, if then.
We must hasten through this analysis of tla*
*• oncuritica"—tla* ta-xt clause Iwgtns witli a
promising "hut."
fgh. “ Hut the prnrred* of all nnh tide*
stud! he apphtil lo tlu payment of interest an
irmng upon tht Inmilt in rate of ilefault nj
the jmyment of the tame, aml as a sinking
fund to meet any future default in thr pay
ment of interest and the prum/ml thereof
when due "
The t 'omjiany has already been moth; tlie
trustee to soil tbe lamb* and rereive the pro
(veils, ami as trustee, there being no provi*
ion to tls- contrary, will bob! tbe “ prmvwds"
to pay interest in cose of default, " and iu
a unking fund” which may, |s-rbaji*. sink
*0 ibvp into the pockids of the lUilroad
C'om|Nuia*i, that it will re*|oire mirorufisia
power U> ac*'*snplUh the re*ufrwti*si *4 «vti
a ghfsit of the sinking fund.
The remaining ettuntu, ‘‘an amount of
fud mortgage bond*," law been MlficenUy
raldled already.
A Iter any company slioll have drawn its
quota of the loan, ami d faulted in nayment
«ff inlef st, the bill prorhk* the folWwing
remedy to twve the jssojde from Um nod
cooM-ipi* nt oppremtve taxathm, and here
i«d* tlavr much extolled safeguards aod
ample slants*:
fth. " IV <«overnor shall orooced in such
rnanrs r a* moj be prescribed by law, to sell
the bowls of the defaulting company or
esnpanire. or the lands bell in trust os
above, or inay reriuire a bsvvrlosure ol the
tiiorlgag* executed to secure the same "
'I b<' dtejoiadive, " or" may Is; o>SMtru*vl
by the railroad men in their favor. At all
events il the 1411 puss, their fraxxls will, at
NEW SERIES—NGIB4
tin l Juno session, prtwcrilic the remedial I aw,
itml wlh'H it i* remembered, that this will lie
June by the same legislators that mnl
tlie loan bill, tliere in imreiy uo violation of
|irohabilitk*,or even or certainties in suppos
ing, that their legislation will be in accord
auce with the behest* of the railroad oonh
jianice.
Now, alter this analysis of the srcnritka,
whioli 1 believe to be in aeeordanco with
ntrict k-gul interpret at too and oonatruetion,
let un indulge in a prophetic glance into tlie
future to see how the «win<lle rimy hr worked
out.
We will suppose tlie time to be the Unit
of June, I Hint. Kacli euinpany has wild ita
I -Mi sections of tin' innJH, mid hokis, or haa
dividid, or utlierwi»e iliajMHMwl of the pro
ceeds, oonfldeil to it for *'//i» btlltt unit ify
of tk* hnuuru of Mr Stale." The directors
have received in eonaidvration ol Nervier*,
depot ground*, Ac., Ac., ten or lifloou mil
lion* of Drat mortgage ImiiiJn, they have suf
fleiently gnided their road, over (lie moat
level Ihihl of tlie |iruirie*, or they have doin'
better if ynu please —to drew ita share of
the loan.
At llii* stage of tin- game, the road* are
in debt to the State 000,000. What
will the railroad men, an shrewd llnaneier*
do tin'll T They may do thin: bankrupt
their respective eoui|mnie«, ami extinguish
(In’ debt. A uulck way to make five mil
lion*, for whirl) there are aliumlant preen
ilentn. I'nder tlie old hanking *y*tem, the
inont prolltuhio part of tl*> ImaiinviM wan to
expend, ami then break, buy in their prom
iilinm, start anew, and re|rat the *aunt opnr
atlon. Many expert business men and pm
leNnioiial tinaneier* travel tin- aaine beaten
traek to wealth ami honor, and why should
not railroad c<>m|stnic*'f
■ty such a «m/i Jr grore the companies
will, ill a single stroke of maatrrly policy,
>od I lie trunl luml ami wl|H' out an onerous
iiieiiinhranee. hliall we expect mortal rail
road kilm, iu pursuit of improveun'iit
under diflh ullies, to resist so maguilircnl a
chance for N|M'euiatiou T Would It Imi fair
to treat tiiem as eulpriU for yielding to a
tempt at ion so jsiwerli.lly seductive a* this T
I (etude*, lin y will then have a iiiultitudu
of reanouaide extenuations-unforeseen ae
eideuU, Ae., Ac., Ae. To serve the Htate
tiny will |talrioticaJly cause tlieir rospeetiro
eonipanien to be nolil out for the Ireoellt of
the iMindhoklors, they, tlnumelvu* holding
miMt of the (mods, tint sulli-ring and disup
|tointed State, the balance.
Alul tinti tee may mm tin; old vampire*,
revamped with Home fresh associates, into a
new eoiiipuny. who will come forward ami
pun base the first mortgage bond*, inrloding
till**' of tho Slate, for a few rents, perlia|W
a few mills on tlie dollar.
Thus, will the State m-II out all it* *ecu
rith-M and claim* ii|sm tin- several road*.
liy Ibis time, tlie lilindcnl tax-paying mip
jsirlers of this bill will ms: tlmt tlie “ ample
mniritiu lo Ihr Stoll" have sll vanished, ami
that tlie is'opie have been swimlled by tho
tbao “okl" cointnuiiet, They will sea immi
gration diniiuislnxl by reason of this Htate
debt, Is-neath the crushing weight of which
they wjll groan ; tls-rc will not In: a pirns-of
liiiuilnxi available railroud in the State; and
then just in tlie nick of time, new Itailroad
('ompaiiii-s, gulvanixnl nut of the okl or**,
will coine forward with a new measure of
"Jinaniutl riluf" in the shafie of another
five or ten million loan, properly guarded
ami amply areured thu Umi, a* tin- only way
to save tin- roads ami the State from utter
ruin H ranting, for illustration, that the
people will ratify tlie propound amendment,
and judging from our past legislative expe
riemv, Minnesota Will lie the very field
whereon to play out the programme herein
sketched.
lUw|s«tfuJly, Ac,
I), A. ItnIKHTSOK.
Th> Saw Hrlllsb Minla*r|r.
The new Hritish Ministry, which have
jnst succeeded the Tsi.ucmntom dynasty, la
cofn|ssH«| as follows : a
Premier, Fair I Derby; Chancellor of the
Kicbcfiuer, Heniamin Ibsreell, Igwd Chan
cellor, Sir F. Tbomiger ; Priaidcnt of the
Council, Karl Salisbury ; I xml Privy H.*l,
Karl Hardwick ; Home Department, Spen
cer Walpole ; Foreign, Karl Malmesbury;
Colouial, Mir Kdward llulwer Lytton; Mm
isbT of War, Hen Peel; First Jtord of the
Admiralty, Hir (J Packington ; Postmaster
tb-m-raJ, Ixwd Colchester , Hoard of Trade,
Mr. Ifenlry; Hoard of Control, Lord Klltm
borough ; Hoard of I’ublk' Works, Lord
John Maooers, Attorney Heoeral, Mb P.
Kelly, Viceroy of Ireland. Karl Kglinbsi;
Irish Chancellor, Justin- Hlaekbum; Chief
Secretary, Lord Naas.
Mi-mtiers of Ur Hovermnent not in the
Cabioet include tbe Duke of Moo time, as
( 'henn-llor of tbe Dueby of Lamaster; Mr.
Cairns. Solicitor Hernia): Mr. Seymour
Fitzgerald, I ’wW-HecreUry of Foreign Af
fairs ; Karl Carnarvon, I'nder Secretary of
('olooici: f-ord Harding, Coder-Secretary
of War, Ac.
Judge Iruuso, of Maaaarhuaetta, petition*
for whose removal are before the Legisla
ture ha* sent in a defense of himself He
says he was sworn Ui support the constitu
tion. and claims to hare fulfilled the spirit
and the letter of his oath.