The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1871-11-09

uSC Va AloLC}j StdttbS NuoV II SHC was 0tiOl W
nate enoushsto be involved in a acar, that sh
was to be relieved from payment. The response
would have been, our monies can be invested
in other stocks without contingency as t
payment, or our money can go into land
which we can hold and cultivate. "But tn
Yankees burned our barns and stole oS
property" is the reply, "and the Yankees
hold some of these bonds" Well, this may
be true, but the International law does no
recognize the principle that citizen of :
government which is triumphant shall lost
the debts due to them by the defeated State
and it is an absurdity never yet arrived at
that the people triumphing i'll war, los;
the debts justly due them before the war
from the State. But again: "Virgiais
ceased to exist" say they. We'll now, this is
a most lame and impoteut conclusion. W.
have never admitted this, and the only way
the Yankees admitted it was, that it ceased
to exist for certain purposes which initiated
against their interests, and not to those which
were to their benefit. Politically Virgin a
has changed in its organism of government
and the departments Of government Com
mercially, she remained the same The State
is corporation foreger, changing its nature
and elements, and all the citizens may die
who we're living when debt was contracted
their successors, their sons and daughters and
immigrants living on her soil afterwards, are
responsible for her debts. Is France less IL
able for her debts than before the German
soldiers biyouaced in Paris, and wrested from
her tho ancient German territory 1.-THE
| King never dies" is the maxim of English
law; and State, as to pecuniary responsible
| ity never dies, though she may eyade pay
ment by the force Of arms and only thps.
So much for the justice of the doctrine
Now let us look to facts Some $4,000 600
of these bonds are held By State citizens,
and the remainder by foreign creditors in
Europe or the United States. No one, we
hope, will pretend to deny the State citizens
payment, and the Constitution of the United
States expressly provided that the citizens of
other States shall be entitled to their rights,
privileges and immunities, as Firginians in
Virginia; and national treaties provide for
European traders, or fnot, the law of the
! State itself. So there can be no payment to
one without, i'll fairness, considering the 9TH
er creditors,
We leave reluctantly, this branch of the
question without presenting other conclusive
reasons Of moral character, sustaining the
necessity Of payment, and look to the asser-
ton made, that there is no remedy in the
courts to obtain judgments. We have smooth
sailing here.
The Constitution Of the United States for
bids the passing Of any law impairng the oJlt
Igation Of contracts, and vests in Congress the
| power to provide any remedy and means to
carry this provision into effect,-so that if
| Virginia, by direction or indifection, repudi-
ates and there is not all adequate forum in
existence or adequate means near, Congress
will soon provide them. But the Constitution
says that the Federal Courts shall have juris-
diction over all cases when the provisions Of
the Constitution Of laws under it are involv-
ed, or treaties gEith other nations, and desig-
mates also parties thas may sue in the FEEDER
al Courts even though no constitutional provi-
sion. &c. is involved. There is an amend
ment, XI, which is relied on by the advo-
Gates Of reputation to exclude Federal juris
dlction from the State debt Of Virginia.
This amendment only refers to citizens Of
other States than Virginia, and not citizen
Of Virginia, where law impairing the obli-
cation Of contracts is involved, can sue il the
Supreme Court Of the United States.
We will not weary the reader With our own
dissertation on this question; but give the fol-
lowing opinion OF Judge Marshall, 10 the
case Of Cohen VS.. Virginia; "We think that
the judicial power, as originally given, ex-
tends to all cases arising under the Constitu-
ton, as law Of the Uuited States, whoev-
er may be the parties
The amendment refers to the character of
parties, as does portion Of Article Ill, aud
not to the nature Of the cases, and offsets that
portion Of the Constitution referring to the
4 character of the parties but does not, where
the nature of the case oomprehends the Cons
/ stitution or law there under. deprive the
Court of jurisdiction.
Cohen VS.. Virginia.
6 Whcaton's Reports, 264.
This court has, constitutionally, appellate
jurisdiction under the judiciary act of 1889,
c. 20, $. %, from the final judgment or de-
cree of the highest court of law or equity of a
State, having jurisdiction of the subject mat
ter OF suit, where is drawn in question the
validity Of a treaty, or statute of, or ar au-
thority exercised under, the United States,
and the decision is against their validity; or
where is drawn in question the validity of a
statute of, or an authority exercised under
any State, on the ground ofthseir being repug
nant to the constitution, treaties,or laws OF the
United States, and the decision is in favor Of
such, their validity or Of the constitution,
or of a treaty; or commission held uoder the
United States, and the decision is against
the title, right, privilege, or exemption, spe-
cially set up or claimed, by either party. I'M
der such clause Of the constitution, treaty
statue, or commission.
1t is no objection to the exercise of the APP
pellate jurisdiction, that one OF the parties is
d State, and the other citizen of that state
But we hasten on further Virginia her
self, has aremedy. (Code ofVirginia, 1860
A claim against the State. when refused by
the Auditor, can be presented by the creditor
to the Circuit Court Of the county of Henrico
by petition. Then if right under the Con.
stitution, Sc, is connected with the case, OF
arises during its progress, and the Court de.
cides against the person, appeal may be had te
the Supreme Court (see Wheaton, 264
But enquire Rcpudiationists, suppose ths
Court decides for the claimant, how will tn,
} party obtain money, if the Legislature refuses
|