The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-02-22

mi oT innr,air if? we hold NOT. 1otif
Howard. 207 the court said: A State. can no
moro impair by legislation the obligaHon Oh.
its own contracts than it can impair the oDli-.
gntion of the contracts Of individuals we
naturally look to the action of sovereign
State to he characterized by more scr.i I!t.
lous regard to justice and high morality
than belong to the ordinary transactions OF
indyiduals.-Page 2CS. 1t Is q principe
controterted by no one that OH general
questions Of policy one Legislature cannot
hind those which follow it; but it Is equally
trrIe and undoubted that Legislature may
make n contract which shall bind those that
shall come after it. It was held in 9TH
Cranch, page 81, that when a law was IN Its
nature contract, and absolute rights have
vested under that contract, repeal OF the law
could not divest those rights nor annihilate
or impair the title SO acquired. In Sth
Wheaton, page /, the court declared that the
doctrine had been already announced and
settled that the Constitution embraced all
contracts executed or eXecutory, and whether
between individuals or between State and
individuals, and that State had no more
power to impair an obligation in which she
herself had entered than she had to impair
tbc contracts Of individuals. These decisions
are very plain, and if they mean anything at
all they mean that this Legislature cannot
repeal, suspend, or in any way alter or amend
the funding bill so rs to rescind or impair
the contract which the State made with her
creditor. in which she promised that his cou-
mons should be received when due by her
officers for all taxes, debts, and demands due
the State.
But some gentlemen say if the Legislature
cannot repeal this odious law, then we will
call a convention, and the sovereign people
therein assembled are law unto themselves.
Let us see what the United States Supreme
Court saws as to this proposition Of avoidance.
In 18th Howard, page 331, the court held
that the obligation OF 4 contract cannot be
immlircd by the convention Of 4 State any
more t!:an by an act Of Legislature.
If. then. this law cannot be repealed or su'-
pended. either by the Legislature or COLI
yention. is it not the part Of wisdom ana
craftsmanship to make arrangements for
meeting its requirements? 1t IS the law. 1t
cannot be rcpealed then it must be oheycd.
And it is our sworn duty to set the example.
The obedience to law OF those who make Law
should never be doubted, since, il there nc
no reverence for law in the source whence II
emanatcs, there will lie none outside Of 1t.
Ec can never make those hold law sacred
whom we have taught to diSrcgardit. Legs
| Etols and citizens should alike obey the law,
| Good or bad, while it is the law. If it be bad,
the LEGISLATURE should repeal when possible !;
when not, it should obey. Law must be
obeved, and no man is allowed TO say whether
| II be good, or whether it he bad, while 1t is
fhc law. But am answered that it is no
| man. but the people who pronounce this law
bad and demand It's repeal. answer that
rhc npoDlc arc right when they proclaim it
bad but that it is impossible for lis to obey
their command to repeal; the Constitution
OF the United StateS,a power above lis ana
above the people OF this State, says that 1t
shall not be repealed.
Here is direct conflict between tho law
and the people; one or the other must be
dsrp~ardcd The multitude cannot reign
until law is deposed. Law cannot govern
except the people be governed. III all or
delr,d overullents there must he sovereignty
somewhere. In monarchies it is III the mon
arch: in missionaries, in the ariStocrat; III re-
uublics it is in the law; if it De not III the
law. but in the people, then the people, being
above law, are kim. In this State the peo-
ple are sovereign, but the law is their crown.
I've are the servants of the people, and should
obey all reasonable orders: but that master
should not be obcycd whose commands would
DEGRADE both master and >eprant. y Good
servant will refuse Obedience when TO obey
is TO ruin: it is only the hrclin" who will
iu;jlI or burn as he is ordered Hnd paid. We
should not love the people more tcnderly than
wisely: that were the folly ola too fond mother.
We should not love ourselves more than the
ncoplc-tIat were tic scltishncss OF uc!n:s-
"o~I,c-bu* should stand ever ready to slcri-
lice ourselves to their true interests rather
than their future welfare TO our present pop
ularitv. Thought should father, wisdom
r,,act, pcrmancncc cnci,tin, and justice exc
crte. nil our laws. The funding bill Is the
law, and cannot he repealed. Let Us, then,
consider whether or not we can meet us re-
uuirCulentS as at present c!rcllm>tinccu. IN
sl,ite Of all assertion to the contrary, th!nk
we can pay six per cent. upon our dcbt, not
oulv without any increase OF taxation, hul
alter reducing the taxes now PAID by the
uconlc @yIj $50. To do this, Slill! show,
| first. the amounts which c;in and should lie
saved to the State b. appropriate legislation
and second, the amounts which can anti
| should be derived from subjects not now
taxed. The penitcntiGy cost the state last
wear $50, 0GS29. but she received lhcrelrom
$40. 409.So, which amount, deducted from
| the amount which the pcnltentr'ry costs,
| leaves So Gj>.i9 as the sum OF It's cost over
and above receipts therttrom. III, thcl, The
pcnitentiary is leased out, say Tor i've years,
thrre are men vino will take it and pay 4
rental therefor but to be entirely safe (aid
this is satcl. let lis say that il Is let out to
some one Who vii! give bond that it shall not
cost the State anything during this time TIC
State will save So, G5S.l9 and sustain no loss
in collecting, since it is now III the treasury
Second. The criminal charge against the Stltc
last wear amounted to SID. i9i.2G. Now, II
we make the counties pay their own crllniia
expenses, the State will save this amoimt
| The counties ought TO he made to pay then
own criminal expenses, beca4.c, III thi
first place, it is not ri9ft t!mt
county in which there is little OF l!t
crime should be made to pay for the prose
cution of criminals i'll more la"lcss com
munitics. And again: Whcnth officers OF
county know that they themselves as citizens
must be taxed to pay every dollar OF cost:
growing out Of prosecutions they Will Scr,i
tinize more nearly the bills Of cost ana co!
lect more closely the fines imposed than they
do now: but whether this be So or not
there is no disputing the fact that the State
! saves SlIJ, iJI.2O, ana cdh eAptileHNc "o 'o$
in it's collection, since it, too, Is III the trci
sury. From these two sources we can. y!
appropriate legislation. save at once - ~
State SIP, 452.I5.
Now there are two subjects from which W
can and should derive increased reYenlte Il
once. The first is oysters. The tax tcvict
upon oysters last ycaramounted to -, :2.23: Is
but the expense of collecting it;unounted t
the enormous sum of sci ,C3G.03, leaving 70
the State net revenue Of only SIS, 1918