The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-12-18

ct The opinion of the C0tfJs OIL Az iesis
published in this paper was headed Kepu'
liation Rcpadiated," and Judge sT PA
being announced as dissenting from the
court, 1t was inferable from. thescaptlen that
he was in favor of repudiatipg the public
obligations. We published as an extract IN
our editorial columns the concluding para
graph of Judge STAINLESS dissenting opinion,
and this paragraph was declaration not
only in favor of meeting those obligations,
but of faith that "virginia's representatives
will not fail to preserve untarnished Virgil
MAS honor" Of course there is no Eepudia'
ton in sentiment like this, and ardently
trust that Judge sTAPLEs's prophecy may DC
fulfilled by the Virginia Legislature.
The points made by Judge STAPLES were
1st. That the funding bill was unconstltu'
tionuI. The Constitution provided that the
proceeds of all public lands donated by Con
eress for public school purposes. and OF al
waste and unappropriated lands, the pro-
cceds of all eschcatcd property, and ail hnes
collected for offences against The State, ana
sucb other sums as the General Assembly
NAV appropriate, shall be set apart as n per-
mancnt and perpetual literary fund. 40"
was this object 10 be accomplished II the
funding bill created n valid and binding oD'i-
CATION upon the State: Tic purchasers oil
land and the parties assessed with hneS VIII
have the right to discharge their indebted
ness with these coupons in all cases. lie
commended that would be clear diversion
of the funds mentioned in the Constitution
and q violation Of that instrument.
I'd. That, according to the theory and
practice of our Government, !" the whole
" subject of taxation, the raising and collect
cling of public revenue and its appropria'
q tion. are under the exclusive control OF the
representatives of the people" "These
care he contcnded, "sovercign powers,
(which no Legislature is competent to sur
"render"; "nor can it," said he, ''by any
"contract or enactment, deprive any future
Legislature of the right to adopt any laws
"to impose any burdens, and apply the pub
"lic revenue in any manner the public i'll
"terest may require, not prohibited by the
{" Constitution"
These points were presented pretty fully by
the Judge, setting forth his view Of the dlib'
cultics that might arise in the pursuit OF
measures of public policy, and how, as he
commended, the Constitution might be IN
fringed and the public welfare he impaired
by the appropriation of the public revenue
for thirty years in advance, as under the
funding bill. Among his quotations was
one from the opinion of Judge RoElSsoS. In
Burroughs Us. Peyton, Is Grattan, 49o, de-
claring that the "term contract in the Con
/" stitution is not meant to include rights and
"intcrcsts growing out Of the measures OF
"pubic policy. Acts in reference TO such
"mcasurcs are to be regarded as rather III
"thc nature Of legislation than of contract,
"and although rights and interests may have
"becn acquired under them, those rights
"and interests cannot be considered us Ylo-
"latcd by subsequent legislative changes
(which may destroy Them
We regret our want of room compclS usto
this brief statement Of Judge STABLES S opin-
ion, instead of giving it in full. Notwitll-
standing his opinion, he is amongst the last
men in the State who would counsel disre'
spcct for the opinions and the authority OF
the high tribunal of which he is member,
and he has always maintained the ground
that the credit and honor of the State should
be preserved without faint.