The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-12-14
REPUTATION REpUD1ATED
81 THE
ST1PRENE COURT OF APPEALS
THY EuNpKSG RILE DECLARED
CONSTITUTIONAL.
COUPONS RECEIVABLE IN PAY
MENT OF TAXES.

.r,,,rs. iy-jgnt SheriF, &c, nnd Urigh', SntriF.
6,c rs S,nith.
!. The act entitled An act to provide for the
fpDGfrc and payment Of the public den. approved
Wrr roth i,sl is nol Icpucnant 10 the Sth section
ri Article VII. and ihc Eth and loth sections OF
Article \. al the Constitution oi N'rs!niS, 3na lhr
contract. made ~ this net with the hondtoders oil
NO state are Vslid and binding on the State.
Il The act yp@sios Inc i"rSs'ins nct IN Nm, f"T6s I6
conscientious or Virginia and the United States, and
therefore null anlNoid.
On opening the court yesterday Judge
Christian lwho pre>idcS in the absence of
INDIE Moncun) said "The cases OF An.
taui rE. Wright, sheriff., aud Wright,
sheriff, Is. Smith, involving the question OF
tbe receivahility Of coupons under what
j known as the funding act was argued
before court OF four judges, the President
Of the court being, in his opinion, so situ-
a.ci ~ 10 make il improper that be should
ST IN these cases.
"n /, much TO be regretted that case in
yoiriuc questions OF such magnitude and
importance, together With grave questions
Of constitutional law, could not be decided
hv fun court. II is subject Of special re-
crct with us That In our grave and anxious
deliberations upon these important qucS-
tion> we have been deprived Of the eifi ,ient
aid and large experience Of our venerable
brother, the President Of this court Judge
Christian then called upon Judge Bouldin,
who delivered the following as the opinion
ol the majority Of the court:
Aatoni IS. Etight, and Wright rs Smith:
The first Of these cases is before us orlgina!
spplication by Nh,toli for a writ of ,n1ndamHS 10
Wight, sheriff Of the city of Richmond, and Tho
oth"r. on q writ Of error To Judgment Of the Cir
c4t Court OF TIE city Of Richmond, by pcrcmptorS
sam. glrvlil ,.Ahi
Tie object O.: The proceedings in boh cases WAS tC
compel The sheriff 70 receive froni the parties, re
tin Interest c1uf.oaS issued b. the State Of VirYinii
nader the act OF 3Jth OF MArch. ISL, known The
fuUd.ng act, which coupons had been duly rendered
agreed, were in form and substance as follows:
:" The Commonwealth OF Virginia viii pay tn,
bearer three doarS Interest, due Isl Juy S7., or
fSignedl GEORGE RYE,
Treasurer Of tie Conmonw ealtl OF Virginia"
The sheriff refused 20 receive them because, rs he
a'Irgcd. he was prohibited from doing by the ac
uf March :. lsT2 Sess. Acts, ls7l-2, ch. lsi p H.
The Cir uit Court awarded Il peremp;ory writ OF
nqai4mus Iequi-ing the sheriff 10 receive the cCu-
ypls in layment Of taxes, and the causes come be.
fore his court on writ Of error 10 The irdsmcn,
algccsain mud on 'he original application OF Aninn'
Heal and Is WAS said hy Judge Davis. oil the UnitcL
States supreme Courl.in II similar case Fu.aar
-. NiChpl. Wall. ~, arc oi mitch greater I'm
portinCr than ciihCuy.'
They are The following:
l. Was there needed the act aforesaid OF harCn 80
ISL between the State and srch OF her crciito n
shoulI accept and comply with the terms Of tho act
nvaIii con'rac: that the int2res; coupons Issue,
rry for all taxes debts, dues, and demands uuc tho
state
H. If So was tie obligation Of this contract i'm
,alrci hv the act alorSsaid Of March 7h. IE7.
wtcG substantially declares that the collecting OH
r, II the State shall not receive The coupons aforc
.l!a ~ discharge Of any takes or other demands
ri tie State now due or that stall hereafter become
d2c:-'
III" 1rst and all-esscntial question Is. Was there
yat!d contract between The state and her bond
hu.U,rs?
10 consider this question iuelgsntly brief re-
icyc9rt 10 the substance Of the funding act. ant
10 IL" facts and circumstances under which j
yts,cl, Is proper and perhaps necessary
We war rs 5Wean mtsF OF The s? Untea m and rEr rtoe
cr..to >ta,s and before her yiolclt dismcm.
tyInent. tho State OF Virginia. for the ben
contracted very heavy ;cht, aiGonulDsat The date
ri III" funding act 10 about s:c,pen.tu0 oi principal
aac was powcrrs to resist, about one.hird of ,lit
population and territory Of the stale was cut Oh
aU4!vrueI into a asw State. called West Virginia
rluia has hccu formally acknowledged as State hy
the constituted authorities ot the Federal Govern
mcn'. and has been regularly admitted Us member
Of th Federal uuou Both states, in their Coasti-
tuti".ls and by legisaton have ACKNOWLEDGED their
respective 6ility, but very little progress towards
settlement oi ANY kind seems 10 have been made.
IN III. mean time the payment OF Interest was Tor
time wholly suspended, and then only partially y re.
slln3l by tie stale lrElnll atone, WIlIst w CSi
N!rgn!a had not, and hats not TO this day, paid amy
part uf the debt, principal or interest, aud the bonds
- @ SG o5 doh fad T new was Si te n ,n si
f"-td The subject as we'll 10y the STATE &s by hcl
Cr,ditprs.
IrIcr these circumstances. ma hope,es- of an!
ca!iy settlement with ACst Virginia. the State oi
Virginia proposed t. her creditors bS the aci afore
.ail u a0th 5larch lo7l, separate adjustment o
her usrll indebtedness, which She assumed To Ui
rwo-ih.rls of the entire debt Her Offer was 10 Issue
10 h,r creditors new bonds Tor two-thl!uS oi th
entire debt principal and interest, torun for thirty
four Ee.!ra with interest payable scinl-Innuay OF
f'c "--r"gttc amount OF plrcihl ana interest th
hOttd- he coupon or registered, f tnc option q
tho creditor, and 10 lie convertible the one into th'
other a. the like option; and, 10 give hcin create
*Ge uH coupons Tire 70 ps ,s ,vrs ,,a a, a n
mamds due the State, which should be 80 eAprcsse'
On tAe n face.
10 bc The just proportion Of West Virginia, th
Fiat. OF Virginia proposed the adjustment sci lortl
In the following CCrtiHcate-iike certificates 10 II
iasue 70 all creditors accepting the terms proposet
Wy the Stale:
"Eeceiyosgc u, and after maturity for all taxes
debts. and demands due the State.
THE Commonwealth Of Virginia Will pay th'
bearer three dollars Interest, dus st July ls.s oi
Treasurer of the Commonwealth Of Virginia.
COMMONWEALTH or VIRGINIA.
"TREAsURER's OFFICE
"RlcTMo%D, Van. Isl !
This Is 10 certify that there - due unto -
heirs, executors, administrators or assigns, -
dollars, bciug 0Jte-third Of bond surrendered uhGe
the provisions Of al act approved March the 30,h
In entitled An act 10 provide for the funding ant
payment OF the public debt wiz, bond No -
-, with Interest amounting 10 --- dollarsJ
Payment OF sid Rc-third, with Interest thereon i
The rate Of sir per cent. per annanl. Will he pro
yi,tci for In accarGaucc with huch settlement u
shal. hereafter DC had between the states of Firgi
MA anu Wet Virginia in regard TO the public deb
OF the State of Virginia existing at thc time OF IT.
said ons> 30 fai as uniuDdcd, III rustfor the holdc
h"r.Gi or his assigns.
In testimony whereof this certificate has becl
hirunI hN Il.. IrnsSnrer aud COuntcrsikMed by III