\<>!, I .7. 2J &&
SEW SERIES,
THE BEDFORD GAZETTE
$ PUBLISHED EVERY nun AY MORNING
BY MEYERS k BEN FORI),
a* the following terms, to wit :
fl.f" per annum, CASH, in advance.
A .'.'>o " " if paid within the year.
" it not paid within the year,
i, 'N<> subscription taken for less than six months.
So paper discontinued until all arrearage* are
r j,.i.iii-le>s at tin opt ion of rhe publishers. It has
• e ■ decided By the United States Courts, that the
jKigeoJ a newspaper wit hour the payment of ar
rcntages, is prima facir evidence of fraud and is a
B5 The comts have decided that per-ons are ac-
Icn ■ t.,ble lor the subscription price of newspapers,
,)■ ;!.sv laki- t ßern fiom the post office, whetherthe y
j'jhsciibe for them, or not.
I MTi;i:?.iE (.'onrr or PENNSYLVANIA.
I .?(••• ry and finest. R. Company vs. Conner.
~ "-" r
I AT.' UMS->r 03' '•s.Bt \ K rot! PEF.'".\ D ANT.
I M : i• ' 1?" v III!' * I *xo;;>
I lam ol counsel with the ct.-f ncinnt in this
I i:-e li would, 'nuveu-r, '• impropi i to con
| iI hr.il 1 i;e en 1! .t I njip ar mainly in the
lope i saving the rights of the Stat*', for which
I | cull-ami" arri mys*U' have been
I retai- > car: tJ .or;: .ner... But the
I i ' '• 1 per s. in tj be id utiral
h those c.f the commonwealth. The disad- j
i.u.Mg • v .door urnt rof having such a ques
• diteiui:ne:! in a collateral proceeding be-!
• ' - full}' to present the whole
! < - ! ->■' -t the at •, must vei v ob
i . -to the court.
<N triv >'• i."g as :i..:ch as this ha? *l
- in tote a judicial tribunal, and
it v. •• nit ( fit n ! .uit a R r; .:n Senate d'-cnie?:
'■ ! • qua! fu'r.gnilud •. A suoiin: 'hat
V i'.hi in the \ which we and our clients
| :.n_' the n l-S Of the penpli ) take of th"
VI. it La itiij.-' Illi'VlS eh- ,ll; an at
li.'j t V . .1 lilt'.: is to t. ke tile C.Ol.lOtl
i' oi leu c:i;i:>ns ofh'-r property for
■ e-v ■■ t ■tJ ol it- value. r can
i; be tb'iiieti ilia! !'ie chtracler —the life's life
< f the State, i? rf. ply involved, if it shall bo j
fii civ set 4 thai there is no p iver in the
b i-- : tivt. i x-cuiivt', or judicial, whiicb
cn or w ill save cre lie property Uoai plun
- "• e must t bear th>- name of Penn
-u una t." •: 1 ■ ;.<•! '.vin n.:ihf!i>: ex
f rny. J' 1 • ogh ti%.kiol!e the bluxb
'c. 1- n,'V..i n i Arx ■ " )
I• this cas* should go cniY ifcsscd and unpun- ■
But that is* rat ait: *v future prof peri- |
/, >■ ie I jt ii a on tiie act IJ~ tile
s' • ■"! >' canal: wili form = u'ii un era in the
: : ' ry :.} I' •iir.sv'vabia •; the V;Z >0 fraud V. as
in th.d oi (ie; rgia; At: J if We are to be well gov
, vd hei ill r, we nui:' 'ti -.t it in the am
vV. Ts.al CO.'-."art was iy:;oniini-.msly ourni d
•.[| , presence ft the e. 1", and i> authoi.y |
b-rs afnt jbfltyrs *"i c ■' in'o n 'e :...st
■ . ... i'o ll.is great act of judice (h .>rgia.
0 .v.. it •: nsh■ • now t't • meet thriving Stat.
:i ;( it i ITnion. li' PairotUanii will lot law
ibat nobl example, her fortunes will he wor
thy of fur history. Jf not, she must look for
.ui <!av< ax well' a? evil tongues, "with di i.-
:■ ■ . .n- w iih datigeis con passed ' ni'ui. L-"
ti.ix tl'.intt • ' succ*ssful, an 1 who will predict
■at .- .me prii ate coi poration wtM n>tg' t the
iocotrie from the tonnage tav ? Wlsat conii
.iencp tan we feel tha' tiie bonds of this plantili
will not he handed over as a gracious gift lo
tile obligees ?
I sav this merely to show the nature of the |
, is. as we allege it to be. 1 assume that we
are because we believe so in good faith
a.-ni sTnceiitv. Hit our convictions, ifiough
viucli to us, are nothing to you as an elenaent
hi the lot mat km of your jndgment. Wr must.
ji; ve what we allege, by isucti facts an.. r a
= in- r.s w i.l have no serious doubt in the nnr.d
of an inpp.iti.il judge; other wish tne decree,
must, an 1 we know it will, be against us, and
thi? n. tgiuficent speculation at the exp nse of
Mate w ill be pron unced no sin against
j die i i jiivafe morality.
] ad :t' the rigid d ike Sfaie to sell h> r pub
lic li. just a.-'.iiiy other owner may sell his
I'. erty. out I assert that the transaction be
tween !t:e majority of the General As- mbiy of
the one part, ami'the Snnburj and Erie Raile
mad Comjrany of the oth'r part, under wiiicti
the canals were handed over to the party of the
se<on i part, is void, u iconstitutionai, and o!
r iie effect lor these reasons :
!. That transaction was not a sale of the
property in (jueslion, hut a gift.
'!. Mwn if it were a sale, the legislature is
nut lb" pr per department of the government
'' make it. _
3. Ihe transaction is so tainted with ut p...>
tine, I;.aid and c .rrtipfion, that no man could
take title under it, or claim advantage liom i ,
whether at first or second hand, without heme
charged with notice of it; and a title tiaud"-
lentiy obtained is no title at all.
+. It comes in direct conflict with that pro
vis!" . m the fust amendment of the constitution
adopted last year, and which devotes the in
come from the public vv.u'ks, and the proceeds
of liit-ir sale, to inc sinking fund.
fj. It is m conflict equally direct, not mere
ly with the words, hut with the whole spirit of
those other provisions in the same aim udment
which forbid the Imimonweallh to hmd her
credit to, or become a stockholder or joint ow
ner in, or asiirar the debt of, any cyipo.alioii.
I have conceded the powei of tfn t>ait u
*t!l the public works, provided it be done oy
the proper department of the government.
That rower is derived from the general princi
ple that all owners may sell. Hut this gem i.
principle limits the power in the hands o a.i
officer or agent to a We, and does not authorize
* gift, either in whole or in part.
The same proposition is sustained >j ano < t
argument. These canals were solemnly pledg
ed to the holders of the public debt at the time
when that debt was created. The State never
jyj
! did h. hi them tu her own absolute rilit. Tie
functional-i*s of tiie Commonwealth were trus
tees appointed by the people for the benefit of
their creditors. Those functionaries might self
the canals and substitute the price for the pnp
erty it.self: but w here did they get the authority
to give them away 1
Hut there is another consideration tvhich set
tles ail con:roversy on this point. The amend
ed constttutimi provi h-s tfiat the net income o?
the public tvo; ks, or the proceeds of I heir S.u.r
shall be plac-d in the sinking fund. What doe?
this mean, it it does not express the deliberate
resolution of the people that their officers and
agents -h i!! esecote the trust created when the
J- of was coiitracten I It us a solemn command
of'he fundamental hw that .the public works
shall be kept, and th ir income sacredly n -pli
ed to a specified purpose, unbss thev shall !:.
'ld: and w hen ih-'y ar -sohl, the proceeds of
them shall be a; plied if, thesitne way.!'
clud- s and; by the clearest implication, forbids J
every other disposition of them. If they are
not .sold, they mm: be kept; ami if not' ken!,
they "must he SMU. |
The source, then, from which the officer-, a
gents, or representatives of the State derive
in. ir pwrt :(k po.eof public works, lim
its >: It power !.-■ a *-i!e; tl:e honor and faith of
f!'' .""...ite is pl.'.'g",' to h t] ! them in tlll-t . .v ://
fh.-M) to! the us - of fi-'f creditors: and the con
stitution expres>ly commands that ple-Jge . be
i ri'r.'e, rreat. hi the face of all tf.i--, will
-'and up to asx-it that zry man or body nu-n
acting on ! half of the Mute osn coristitntirmal
!y tiar.- hr trie title of these canals lo u p::'..i?--
cmpoi l ion by means of anv act wich ■ not a !
in ti fair and proper sense of tf.at word? \
\\ 1 am right in : ■ li -ving this to he undeniable, !
It rema '.s only that 1 show this act of fast April
not to be a a "ft.
: f i- n , 1 Ji is net the exchange of
prop ity fi>r other proferty—that is barter.— :
[tie constitution would be pa!? r !v vio'aied if
a;iv ;."<! v r-j •• -i. ing the State won'l u ..fer
i.il. to exchange her public works for western
h'f -ank stork, or for oil r canals. Nor
d" S the word "silt ''signify a gift. The mem
b rs of the legislature, assuming that they have
I ower to sell, have bo more power to ?ri Vl . a
way the Stale's property than th.-v have pow- |
er to stci! if. Indeed, the constitutions! au
f!:o::ty to divide it among their friend? must J
rest tip.ui 'he sane 'nis wifh the right of an- '■
t-'Ji'e'V- "'-isvms*;?o it'sr'ar.ci a? tawrai a< ; ner>:;je, ,J
To sell is t > make a contract f >r the delivery c.i
a thing in consideration of eqvi "-ileut tn
money paid mto be paid by th" purchaser. Of
course I Jo not r an to s3V that every agree
ment to S"ll for / s than a full p. ice is voi
Where the seller is acting for himself, 3nd is
not imposed on bv the purchaser, what the
paitit •• i' ink an equivalent i conclusively ta
ken to be so. There is, beside?, a derivative use
of the word who ii e::p! esses the trar. - i i' of a
very valuable ti.i: g for a verv small considera
'ti n. Tor iietince, we say r 'f a public ofßcer
that he sells himself it he takes a bribe. Eau
iohl his bifthri-r'tt for a nu -s of pottage, and
Mark Antonv sohi the. empire of th w..rl i for
the srr.i'es of a harlot. Sat if i* surely not in
this s-use fl it the amended onstitmi-.-n, and
the people who voted on it, understood the,
word safe. They meant a contract lor a full
price, or a price as near fotfie value a- - could
be got bv a diligent effort in any matkei which
might be accessible. This is the propular sig
niheation of the word, fl is so used by ali
writers ami speakers. i his is defined to be its
ordinary sense by lexicographer?. This, too,
is its legal meaning. No court in the world
would lid ! that a pow-r of attorney to sell and
apply the proceeds ;o the use of the principal
.( fj|*< cierii! )!? is executed Siva gift. The du
ty to sell ie p:."s ■ i?ii v ei> a 11 y the duty of seek
ing a mark';, .-tifving purchaser?, and getting
the full equivalent price, as n- ar a'= may tie.—
When ;■! . p rtv is ordered to be gold, it means
that the whole of it shall he converted into
money. It i. a- pLin a vjulaliou < f such an
oid'-r". a 1 J an of as gross dishonesty to nive
it awav for iiaif price, as it would be to give i.
for no'price at all. Our honorable and learned
oi-ponej.'.- will rot contend that the !-pjMatur
could bestow the public works on a curj nratsou
f. r a Pj,eri' nun-ma! : risideiution, and call it a
•ale, merely h'-cause something, however smalt,
has been received. That brg conceded, there
is nc gionnd on which tiny can stand between
ihat and an a leqmde pric-, or a price at b ast
ned adequate by 'he actors m the business.
VVher- both parties know the price to be ioade
piate, it is not a sale, but a gift.
The price agreed in l>° given for ikes'- cnnrtls
v;os gross!shoe; egi if inodeejontc, onri nil tke
parties knew ii lu.ry melt. Ti m is inci.ntesta
idy proved bv the records of the auditor gene
ral's otiice. L'iek at them. Look also at the
rport C'l th" Senate's 50trur.i1 tee. Both are ap
pended to our ariswei, and term pa;t uf the re
cord bL-furt' you.
By these records it i proved, a? conclusively j
as any fact can be proved in a court of justice, j
thai the canals in (imstim have yielded during
the la-t fen Vf us an average income, and j
clear (Tail expenses, sufficient to pay the inter- j
est on $7,">54,157 120 of I cr five per cent debt. !
Add to Bus the lowest is'imaie an) body has j
ever naue for incteas-d value of the Morth
Branch recently finished-*! f .500,000—and j
the aggregate value is $9,Q5£,1 1) i -0. Ihisj
includes the calamitous year of fSf)7, when all
business was depressed; nor docs it make any |
allowance fur future increase of trade and busi
ness. Looking at tiie past growth of their val- j
ue, and considering all other circumstances, no ;
man can reasonably doubt that in fourtet n \ < ais :
they would he worth to the State at feast
TWENTY MILLIONS OF DOLLARS. As iniicll ot
tt.f public debt as their net income would pay
the interest upon, so much are they worth to
the lax-payers of the Slate—so much also <>ie
thev worth to any man who owns them, if he
is content with the same rate of interest.
BEDFORD, PA. FRIDAY MORNING, NOVEMBERS,IBSB,
1 After looking at the value of these works,
'urn your eyes ujion (lie pretended bargain of
•'a.-t April. "Oh, what a sorry sigbt is there!" ;
Ail the prospective value of this great patrimu
by cb an gone—two-thirds of hs present value ;
delivered over to a private corporation to be!
partitioned out according to its own <rood {ilea- !
sure -hail a million given to another insolvent I
minoad, w j.ich has already brougiit rum on the 1
country it promised to enrich; and of the pitiful !
■alance, lb principal must remain fioru four
• -en 'o twenty y-ars in the hands, and be used ;
i? r 'b " : i-t!' f,t of the g-anle-s. And this ,s !
call J a sale | I
tiive your attention for another moment to!
the figures :
! .he net annual income of those ca
nals has been, in round numbers $150,000 j
I he intert.-t on b aids for three and
a half millions is 175.000
et annual gain to the purchasers £75.000 I •
X I+l
I I t ! I y. a:s, amounting to $3,:50,0<>0 ;
! hey can pocket Iwo hundred nnl sevhty-
Jive Ihottmnd dnilars per annum. They can i t
!be works be sold when the purchase fl; re. V
becomes due, and retire with nearly four mil
lions of the people's money in their pockets.--
i'r, tiie}- c.ikeep thein and pay th.- aimtiii!
instab'n-nis with iiie annua! income, by a i'lir.u
fifty t!;;> isand ooilirs out of then previous gains, j
And ah thi h ba-"d upon tlie average va'ue of j
■he w i.y for the ten years, witlu it suppo- '
si'.g that their income will c-uuiaue to i.icn a e, 1
as it certainly will.
Do. nut let it be said that tf.i - was a mere r- !
ror. p .Such an en or could not be sanctified by }
ci.i v aiii'.'U.'it of" ignorance. But this was not a j
mistake. It would in uli your common sense j
to tell \ >u that :!; se purcd.aser? i;i i nut l iuk!
cireful!c infut'i" valu 'ofthe w rl.. they meant i
to buy. A corporation like ibis, not worth as I
mariv ecu' :a-; .e canals t!.y purchased are
w arth millions of do!! v?, would be sure to com
pare the income and the p. jr.. tug, ther. In
good on.science, fbey could nt take them at
an undervalue of ix millions, bi;cause thev
knew that to be no sale. The legislature knew
it also—". ere bound to know it. The fact soi
! th- rn in the f lC e, f. wis on their records,
i.l it was rad",! to t', sp- i! at ten* ion bv
he aip:uj|in Me com ••• tee. ,v, ,j n \- v u '
li<j i"Atc-Vdf., *jj •* i'O'.t -:i..'.'u;et<, aud b\ j
were if- if to the voice d'i'fVVTrvlj . tr,oive pub- j:
It will perhaps be answered tha! the canals j
have been badly or dishonestly managed, and j
thai is a reason for putting tie moif'ut any pi ice.
I aver that I,'i>s is not ir.; : in point o! Gel.—
I";,.- public woiksof thi; *si .t" have, as a g.-ner
a! rule, been man -gi-u :*i T. . and mtegsit} . j
No coi {>"" alio ver did or •\ r will doit as;
well. L i the !• turd, of the State be .smithed ;
let the history of the- • im; roveßsents be ex- !
aiuine.i and see if tlu-re i - any I uindati.'ui for |
this wlio!. .-aie slander. It is not denied that a j
contractor may sometimt ■ hiver!. td, or a '
collector made d- fault. lin se mings a.e in- j
separable from every species of financial busi- |
m -s. But publir ;.iui i: hold? t! <-m to a strict |
~ctou:,t. The law is sever", and i; is strrniy |
adminii:• red Ike canal comn isaioners, by |
the accounting dejiaitment, and by the court.?.!
At anv rat ,at vv* sporadic ca- sof filching by ;
liundreds would be but a paltry excuse tor the !
large-handed robbery which s.veejr away mil- ;
lions at once.
The simple lat t c- the enormous di-parity he- i
| Iwivn the known valuenfthe thing sold and j
I the price to b- prod, is sufficient to prove tha* j
it V.' JS ct | urci ,( '>V the do:, •s, bo'. < orrupt- I
Iv.hikn. It such a disparity existed in the!
cased :i sale ma it bv the agent or trustee of a j
private j :tv 01 hv a p ron in ltd, you w. aid j
pronounce it void at once. Surety a tftist im- j
nosed bv the constitute n up n a public officer |
i< as sai rt'U as any other. And you have as I
much p ever to enforce obedience to the con
stitution as you have to k-• p private agent;
within the Imilt of thrir delegated authority,
i ihinWVou are as cleailv bound to declare this
I not to Lea .sale, as you would be if the price
| were fx'd at live dollars.
There are several other facts which show
this u.Lt to be a sale. J. All competition with
the Sunbury and Eric Knilroad Corr j any was
> ,\< iudi ii, by dei hiring that tie- c in \ is should go
to tl;t m, and to llx m only. 2. £ver> in Case
ot a r-> d'-, persons living in a certain locality
ate given the benefit o| :t, and all others ex< lu
di d. 3. There is a provision, that in ca-e of a
j ri sale, the surplus over three and a hall millions
i shall be divided between the State and the
company. J. The company is required to pay
i hall a million to another company, which i* in
-1 solved, in the shape of a subscription to its
i worth Vss stock. It is not possible that either
jof th s-' features would have been in tire act, il
| the parties had conscientiously believed the
| three millions and a half to be a fair and lull
. 1 price ior the canals.
! j 11. ibe next point is,that (he Itgishlnre 'ins
-j no power to rn .h. a sale of the
. pvhUc works.
I have said that the State, as the proprietor o!
1 j the woiks. may sell them. But the authority
' j to make the sale has not been specifically given t
s j any particular branch ol tire government. Il
1 must th-re fore, be exercised by that branch U
| which it belongs according to the general distre
- j but ion ot powers. Legislative, executive, anc
- judicial powers aie kept by the constitutor
o separate and distinct. It is the law-making
s power only that is given to the (leneral As
t i sembly. It cannot do an executive act mon
if than it can pronounce a judicial sentence.—
y Thisisan elementary principle ot constitutiona
o law, and, I suppose will not be denied. Tin
e only possible difficulty about its application ii
,e I any case arises from the obscurity of the lim
j which sometimes divides executive from legis
Freedom of Thought and Opinion.
! lative functions. Hut I think it is so plain here !
: that nobody can miss it.
I ndoubtedly the (ieneral Assembly may ex- '
press the will o! the State that the public works
shall he sold, and make all needful rules and
j regulations concerning the sale ; /or this is lavv
| making. Perhaps that branch of the govern-!
i men! may also designate the executive or min- !
isferial agent by whom its laws upon the subject |
j shall i,e carried into effect. But it cannot!
: :tc, 'jotbj make the sale, because that is manifest
iy and necessarily executive. The act of ma-
I King a f-ir. open, and honest sale, is IB- its na
ture such mat no legislative body can possibly
p'-rtom; it. it is nut of the question for compe
i ! tng purchasers to bargain, negotiate, and agree '
j public !y y i.ii one hundred and thirty-threel
j men divided mlo h vo bodies, and sitting in
yr. •; c.iambdrs. Another mode was adop- •' t
i.i t!.:s case ; and that was, to hear private .
[Tup ; clandestinely whispered into the ears <
fuemhrrs by the speculaters who met t
tut m in the corners, or dogged them on the t
o-.-trd vta; : ,. Hut ii'the character of the State'
t- to ,'aved troni utter ruin, or her property i
I" ' u'uii plunder, it must be done by
COT.U" u G toe legislature to its appropriate du- i
lfl ; j-'Ji ••'.'•? tve hails "are not auction- , t
r •u.:i-', uid t- e rti. inbets are no! elected to chail- r !
with the keen cu tomer# who come ta Harris-i o
t' Jt ill U'|fh the ! f
Fhe Pt'cf jiii v ol having gucb a duly peifor
j mm! :,y an executive olficrr is perl-ctiy obvi
| oris. •: .1 be made th duly of one capable per
j on, be U lil iiifurm himself on the subf-ct •
j "i a of a hundred, S HV, ; ,H'' fivJ
I■u;tiiran: 1 ■ u;tiiran: it. One person will act
| witn | ru.i.{>tni-s and alacrity : the slow .•notion
I legislature would be fatal to tile
, " at.-s interests. Above ail, it concentrates
| me resj.oiMMb.lity, and thus insures fail ness in
; torra an., substance. No governor, even if he
■ Uj-I, wfjl l dare to ntake such a sale as
arSj it no; Jus conscience, would
prevent Lint.
W!,enaqu.-s:i > n arises whether a given fnoc- j
!< -n Ol government is legislative or executive, ;
i .. o. no better rule to determine it by than !
the I n 10wing :If it can be conveniently, just- i
<y, ami p/opudy, e.\er'i-ed by one an;! nut bv
the t titer, I ben it belongs exclusively t", |
"le > Oi.'i. liltsi oy tins test, the act of deal
ing _w; .jyccbaserj ol public property, and!
getting '-•i-y|est price for it, is executive, and
Ki ' i "" :v n " : sons- ;
... ;i. w 'V- : any construction ol the con
wrung which naturally ar.d j
ii e very nrst seniriie. _ • .
cu:i.w:i-i it author was of this
; .or atf nipt is made to get round i', declaring
: • i..1 it -.hall be the duty ol the governor to sell
and deli' < r, Ac., and then goes on w itb a si-ries
ol provisions winch '•■aves the executive not a
particle of power. Tr.e act has more than one
; of th' se cunning litth evasions, I or iiistisic-, it
' gives the appointment ol three engineers to toe
| .Tovernor, and j rovides that one oi them sb,.!i be
j the chief engineer of the company. It declares
! .h;,t the entire proceeds oi tiie sale shall go into
j the sinking fund, although a large portion ol the
I o;. ce.ds are di-tribute 1 to private corporations.
{ am aware thai tli.- duty of making such a '
sale has Ihvu called miaisterial by the lode
chief pi.-tice of tins call It in Mot I vs. Ptrn'ii li.
R. ('v. I think it would be truer to call it j
-x tutivr. But that makes no difference now. i
It is enough lor me that it is not legislative.—
I"i:t- General A.-sembly can no more exercise
tiie du i sol a sheriff than it can exercise those ;
of a judge or governor.
111. The low— the totally inadequate price,
which the legislature agreed to take toi this prop
erty, is ol itself suiiicient to stamp it as fiau.lu- i
lent on its face. Those members ol the majority
who did not know any better were imposed on.
and l Lose who did wi-ie—let nie speak it plain-;
jy they were dishonest. At aii events, the:
purchaser km w that tiie Commonwealth was .
..-.-ossiv cheated. But even if this were not so. j
The exclusion of competition—confining the pro-
pos.il to one company a;one—would t>' stiili
cieut to make the whole transaction detestable. :
it dm m t rise to the dignity ot a 'sha:ii auc- (
lion." 1 ru-ed not elaborate this because the
oi-inion of the Court in Mott vs. Pennsylvania |
lliiirorl Company is lull to tne point, and!
| estnoiishes ihe undeniably true doctrine that tne j
! same principles which protect other owners in
j the enjoyment ol their property are applied by j
1 liie constitution to the protection ol the Sta.e in
I her pioprit I rv rights. Alter you have said,
! as you did in the case cited, that .111 act ot assern
i oiy authorir.ing a sale ot public property w'ith- ;
I out a .fair chance to ail bidders is void, there
| can be little room tor controversy here, lor this
! Cdvd is iiii.i ilk-i'v S\orse than that. i ttat all
• pi-i..ons chii niiig under this act are bound to |
!.,%• its character, is a proportion too plain to .
1 je ilisciisse.i.
IV. This act violates that provision of the
! constitution which requires the income ol tne
j public work , and the proceeds ot their sale, to
j be placid in the sinking iund.
ldie word "income," as used in the constitu
tion, means, ol course, the whole income , and
I the proceeds of a sale means the whole proceeds
i„f " fair sale. 1 his is but an application ol the
I principle upon winch it bas often been dec used,
! and never denied, that " judicial power and
[oris!alive power f in the constitution, means
I all powers properly 50 called.
■ i 1. The terms of this bargain aie such, that
! the Railroad Company may take possession ol
1 the canals and keep them, or partition them out
; ! to others, and neither that company nor lts gran
• tees are bound to pay the State more than SI
■ 1 000 per annum, i his will leave at least
• 000 per annum, and, in all human probabil. y ,
I :a much larger portion of the income, to tunc 1
> ! private adventurers. For fourteen years this
, enormous loss to the sinking fund must be rhaue
i jup by the labor of the tax-payers or else the
■ | public creditors must suffer to that extent.
[ 2. The principal of wiiat is called the pur
] chase money is to be paid bv instalments, com
j mencing in 1572. Each instalment is about J
equal to the present average income—a little!
| less than the average often years past, and con- !
i siderabiy more than the average of seven veais. I
| You can not believe this to be the whole pro- j
i ceeds of a fair sale. The difference is lust to!
j the sinking fund, in direct violation of a con
stitutional mandate.
3. A part of the proceeds—a portion of th•> '<
price actually agreed for, amounting to half a j
million of dollars—is to be given to th< ;
Allegneny \ alley lOilroad Company. If thej
Supreme Conrt needs an argument to convince i
it that this is unconstitutional, then [ snr.pose
our cause is lost. If thi-half million is to be
called no pait of the proceeds, merely because
the form is resorted to of a subscription t > the
Worthless stock of an insolvent corporation, then
our people are leaning on a broken reed when !
they rely on a written constitufi m to protect
them. 1
1. The act contemplate? a resale bv the Smi
■' ' : j and Erie Company to other corporations.
1 he sale is to be made Ly ti at company for the
Joint use of itself and the Commonwealth. This j
wa- the ultimate object of the act, m l. to all it:- !
tents and pnrp s ■>•, the real sale. I'h • proceeds !
sale ougl.t to fa\e gone into the sinking !
fund. Tiie act says, that "the entire proce-ds |
ol the sale of raid canals shall be placed in the}
siiii.itig liiud, Ac. Now th.se wo:ds either I
mciude toe surplus over three millions and a I
half, or else they ■:!) not. If they do not, the;
sinking fund has lost the whole of that surplus :
it they do, tlien the act giv c s to a corporation
ore—l turf;i id what is a knitted on its face to be
proceeds of the sale. T, is of course, impossi
ble fur ineto say, which horn of -his dilemma
ooi opponents will prefer : but if thev are not
gored ' v one ol them, the constitution must be
pierced tbi 'Ugh and through.
V. There are lour things which the State of;
i * on.-y Ivania cannot d < under her present con
stitution. 1. She c-arm >t nwiae the debt of any
corporation. 2. She cannot lend her credit to
aii v coi jioration. 3. She cannot become a stock
iotdci in any corporation. 3. She cannot be
come a joint owner with an y corporal ion.
But, by the net under consideration, //< Stole
Is oubstunlinl'ij made to do all these things.
ine rr.auil< A object ol the first mentioned
pr nib.! ion was to prevent the Stale government
iD?n squandering (lie public money and means
on the debt ol tr achcious and insolvent cor
i-/ration?, fhe Slate certainly assumes the
1.-'bt of a corporation— t-faal is, takes upon her
iier iVOf.ey .( iwviug it when she actually
my debts and pay them, i„-..u., j. I
with a strict injunction to assume nobody s uefits
but mine, he surely disobeys me when he gives
mv mune\ t<> John Smith, to he used by him
for the t avni nt ~1 his* debts. Any construc
tion ol the word assume which stops short of
till- wi.l defeat the purpose of the constitution,
ind expjse os to the very evils intended to be
ciieckt:!. Here the State's money goes into the
hands of two c -rporations, with the privilege of
using it to pay tin ;r debts.
2. It is idle to deny that this is an attempt to
loan the State's credit to the Sunbury an I Erie
Company. Let mesopp sea case which might
occur, though it doubtless never did.
An insolvent corporation, backed by a horde
of hungry retainers, conrs to the legislature
and says:
"Our army lacks pay 5 give us wherewith to
content them. Open ihe strong boxes of the
Stale ami let us have the money therein deposi
ted so that we may satisfy our friend, and car
ry on our operations. '
" The answer is given : "The State has no mo
ney l.fl ; visitors like you Lave been here 100
often. T"he strong L 'Xes are empty
"But," rejoins the corpora! - ! <n, "the State has ,
credits— that is, she has money coming to her !
and payable in luture. Give us the bonds which
are the evidence of these credits. \\ e will sell
them in the market, and the proceeds thereof
we will use for our purposes."
"Nay," answers the legislature, "the State
has 110 such credits as you think ; certainly none
that we can put our fingers on."
"If she has no credits," replies the corpora
tion, "she lias canals, and we can turn them
into credit. Let us have the canals, that we
tnav sell them tor bonds : we will exchange the
bonds tor millions of money ; and will teed
tlnse han triends of ours until their eyes stand
j out with fatness."
If the legislature closes in with this last propo- j
' sal, the wiierinl facts-(not the words) of t lie im
aginary case will he precisely the same as those
of the "real case before yon. The Suubury and
, Erie Company took tlie'canals and sold them lor
! bonds, on which if raised, money to he used in
i cairvirg on its business, toe only credit imi.
' company now "has is the credit ot the State,
which lias thus been loaned to it in the teeth ol
the constitutional interdict. I do not mean to say
that no sale of the public works can be made to
1 a corporation on credit. 1 would apply 'he
principle stated to the rase in hand, where toe
v-rv object of granting the work was, that the
eraiitce and not the Commonwealth might be
come the seller, and use the bonds of the actual
purchaser for fourteen years. II you l-wik at the
substance, and not the form of the transaction,
von cannot help hut see that it is a 1 an of cied
it in the true sense of il'jt forbidden thing.
3. The Allegheny Company desired that a
. subscription might be made to its stock. It
applied to the legislature tor that purpose.—
• The answer practically given wa ,'•> our stock
is- of no value in any market, and it never will
| be. You are insolvent. You can neither
' ii ake dividends nor carry on your business.—
' In your own bankruptcy y<>u have dragged
; down the public prosperity of a great city, and
- put strife between the people. Even it \our
. stock were as valuable as it is worthless, we
are forbidden to subscribe for it on behalf oi the
WHOLE ASTIBER 2s>2*.
Hut not withstanding this prohibition,
uv wll *** what canjbe done. We will S efl
the public works, and we will insert in thecon
j !iaci a stipulation that the purchaser, as part of
j t..e ir price, s! •!! pay you half a million of dol
; iars and take i .t amount of your stock. This
j will come to tne same thing precisely as if the
|Na'e lmr.v-ll haJ subsetibed, since it will take
j ha,l a mi.lion out of her pocket and put it into
I yours. \ ou may tell the judges that we did not
j subscribe, and perhaps they will forget tne
! P nnc p!<?> that we do out selves what we tret a
• not her to do for us, especially when we pay
j him for doing it. Jiut any quibble, if V ou caii
| ! Ra f t ' ,l S'Tvethe turn, will be worth 'a i-ood
• ua,f nnilion to you, and work a loss of the Tame
, amount to the peoph-. L>t the experiment be
made."
; And it was made. It remains for vou to de
| termine w hethertheconstitutionshall Mvindica
| ted, or \i liether this paltry evasion shall triumph
■I . It any one of these outrages upon the con
s! it tit ti >n be plainer than another, the plainest of
'*' !■ rp-tratecl upon that provision which for
ui !!i •St i?e to b-corneajoint owner with (or
u>)anv cor| oration. It this means anything ,t
re that the State shall not under any circum
; >l.ncv ein ark with a corporation in any busi
j ' ' or . ! ' ♦••• ; -"ite or interest in property
| SJ,, w time owned in part by a
! 'I nation. Hut k what has been done here.
| V -jrant is made to the Sun bury and Erie Corn
pa 1 yof all tne , rnals. fj it they are not sold
out and out. 1:e State reserves an interest.
Sue a.'id the C - rij.-aav are partners in the sale
'' t: "' tn,,, i i - in y is to make on joint account,
ine reserved ; . of the State may be thus
•-'town in figures:
'I- tirunted value of canals $9 500,900
Bonds of bunburv be Erie Company 3,500*,000
_ r ' $0,000,000
One-qr: irter of Sun'. ury be Erie Co.
Cr selling 1,500,000
Clear interest of the State $ 1,500,000
The state is joint owner by the terms of the
contract to the extent of nearly half the value of
the works, il our estimate of the value be ri-ht
inu i joint owner to.some extent, no matter what
be the true value. I suppose T need not make
iti a.gument to prove that whena person agrees
to put his property into the hands of another
with power to sell, and a stipulation for divi
ding the proceeds, the original owner has still
an . stale in it. I cannot anticipate what ans
wer may be given by this counsel, but J think I
know what the court will say.
1 cipated tbami* fWJJus point is made more
would go into partnership with a \np.,,me
and h-nce the prohibition. The s'x millions of
surplus v\ hith these canals ought lo have pro
line 1 are sunk t o half a million by the private
and clandestine >a!es which the company has
made. It is very cei tain that the highest price
iias not been obtained for them; and the compa
ny. in its repot 1 to the govenor, does not say
| p.at it , ven tried to get their value.
One more suggestion is all that I have lime to
make. Tour minds will probably come to the
conclusion that the real actual sale of the canals
was not made TO the S. & E. Co., but BY that
company to the several other corporations who
now have them. The S. &E. Company was
tlmn the mere agent of the Commonwealth in
i making sale other property. J must ask your
| attentive consideration of the question—what
| right had the legislature to delegate such a pw
er" to an n re-ponsi'de corporation, and pay such
i en wmo'is bonds in* public money and public
credit ?
I nave said a ir-->c-l deal about the injustice
done to lb--* State in this sale. Ido not expect
you to s-t it aside merely because it is contrary
to th use principles of natural justice which lie
outside til'the constitution. We must fail ifit
be consistent with the requirements of that in
strument. But 1 insist, that we are entitled to
have its words construed according to their fair
intent and hue meaning. Such a construction
forbids the frauds which have been perpetrated
in this case, and justifies von in rending the prey
i from the spoilers. I solemnly trust t!at you
I will lift the Commonwealth out of the dust in
! which she has been trampled, wipe the shame
! from Imr brow, and give her the assurance of
\ your sympathy and protection.
| This paper* is lung, for want of time to make
'it short. In some matters (I hope none that are
I very maleriai)it may be inaccurate, because I
! have not iiad all the papers. I did not intend to
; overstate my case, fori know that would wea-
I ; v ,. (1 it. Some expressions may seem harsh; I
! meant them only to be just. In a case like this,
sarin lhin must be pardoned to the natural fee
| ling i,f indignation; the odium spotiatoris is
| lawful even in a judge. I have called fraud by
i its i ig'nl name. We must all learn, sooner or
I later, to look even the members of the legisla
| turc in tile face, and tell firmly that their
; evil is not good. Who is there so base as to
wish this enormous wrong unredressed? If any,
speak, lisr him have I offended.
J. S. BLACK.
His HUM T; Rncoito.—WESTLEY FROST, th
Democratic candidate for Canal Commissioner,
received in Brownsville Borough, where lie
resides-, a majority of one hundred and thirty
one votes. Brownsville usually gives a heavy
opposition majority, but we believe the majori
ty lor Mr. TROST is larger than was ever before
given in the place to any candidate of any par
ty. — Genius of Liberty.
Of?"A good nalureJ 1.-iend is often an enemy
■ in disguise.
!£?"*True worth, like the rose, will blush at
| its own sweetness.
1 Saf Remember —Life is short.
VOL 2, NO. 14.