Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-04-13
speech Of Judge IL. w. Thomas.

has stricken from the Tax Bill The Section rupos-
ing "a tax upon the indebtedness oi the hall
Road Companies OF The Slate, presents sl'l-
yllir spectacle III this, that some Senators,
who have conteuled for the PROVISIONS oi the
Funding Bill, without amendment or alteration,
Ito carry out which it Is now a>crrtaued that the
REVENUES of the State arising from taxation
upou the real aud prrsouai property thereof.
will Lave To BIZ necessarily doubled, are found
voting with thuse who have voted 10 reduce
the taxes upon land from % cents on The Sl'o
! to Il, cents The sincerity OF some, "i the:e
gentlemen hi ght well be doubted we're II not
for their high personal character. Yet ITO
| uot believe there are many To he found, WHO
will, in the present condition OF the p"uple Oh
| Va. be found willing to lulO>e upon the agrI-
cultural interest OF the State an lucrecsed Taxa
! tlun
Il will he remembered that by the terms OF
, the Act. known as the Funding Bill that the
cun,onS attached to the bonds that may have
bceu funded under the provisions Of that Act,
are payable Seul-aunually aud are receivable
! at and after maturity for all taXSs. debts dues
and demands due the State, winch shalt be 80
EXPRESSED OH their face BY the terms OF this
! provision it is therefore seen, that all he rev
cnue accrucng 10 the State, II the same shall
| be less Than the liability ul the State, would be
! diSclIurgeabl- IN the COUPONS attached to The
! bonds, and it would therefore become AL lInpe.
rious necessity that the taxes upon the real and
personal property OF the State should be SO III,
creased as to absorb all the coupons aforesaid,
and 10 provide the necessary means tor carry
ing on the government This, as have arca.
dv Indicated. aud as viii! hereafter show.
must re ndcr it absolutely necessary that the
taxes upon the present subjects OF taXatlon be
| doubled or materially Increased. But lew
even of those who are the supporters of that
Bill. will b. found willing at thus time to Ia.
crease the taxes TO that extent. But | now
warn Senators chat they must be willing thus
to vote, or else they must unite with me III
they will inevitably 90 down in the filth aud
mire of quasi Reputation, BY the terms OF
the law repeating the rcccivaLility Of the cou
pons, We are left free to impose such rate Of
taxation as may be commensurate with our pre-
sent ability But if the law, repeating that
feature of the Funding Bill, shalt be held hy
the Courts to be unconstitutional, the lnev,ta.
bic necessity arises 10 order to redeem the Oh
legations of the State, that the taxes imposed
shall be sufficient to accomplish that purpose,
and To furnish the meaIs necessary IL carly on
the government
In view of this state of things, aud being
| unwilling at this time 70 impose additional
burdens upon our already impoverished PEG
Die, the Committee OF Fluance recommended L
s,lSpeusion of the rcccivablity feature Of the
coupons. aud proposed the payment for the
present year, of per cent. interest ON the
Public Debt lit appearing from the lreasu
rer report that that amount can be PAID, and
the imposition of u tax upon new Subjects
which may enable Us 10 continue It's payment,
if not Of per cent. furnishing also the means
Of carrying on the government. Ii this law,
however shall b.: held to be in violation OF the
contract made By the State with its creditors
under the provisions Of the Fuuding Bill then
| the mperlouS necessity Will ARISE OF providing
the means Of its execution.
Ny opinion has been asked as to the cou>t
tutioua obligation arising under the law? Does
it yartake vi the character Of an executed, and
| irrepealable Contract 1t is not tor me 10 de-
terlnne this question. The Court Of Appeals
under the md Sec Of Art 9th, which provides
! that the assent Of Il una urlty OF the Judges
! elected to the Court shall he required, III or
der to declare any law null and void by reason
of its repugnancc 10 the Federal CoDStlSulon,
or 10 the Constitution Of this State, Is the only
tribunal to decide that question. have voted
fer suspension OF that portion of the law. be-
cause have supposed that no government
can have the right to endanger tie life Of the
ion it represents. and that Legislative hO
dy cannot part with its powers as not t" be
able to continue the exercise "t' them and if
any attempt he made 10 do so, the act Is null
and void 1t can and should exercise them
again ana again, often IL the public Interest
! requires 1t cannot abridge It's own legislative
J power, by making permanent and rrepealable
contracts in reference to matters Of pubic III
terest. I'm the ease of The min Lijr Insurance
and Trust Co. rs Lrboh 10 How H. s.. K.
4IG. il which the question wa> as to the vail
dty of the State law, Chief Justice fancy says.
powers Of Sovereignty coutiued to the ltgSla-
tive body of State are undoubtedly u trust
committed to them to be executed tn the best
of their Judgment for the public good and no
one legislature can by their own act dlSarm
their successors "t any Of the powers Of Suver
eighty contided by the people TO the legislative
| BODY. unless they are authorized to do 50 by
the constitution under which they are elected
| And Judge Robertson OF our own Court OF Ap.
peals in the case of BurroughS rs l&Ytm Ii
iIrat. 400. says. ''by the term contracts in
that clause of the Constitution Of the l.. :. it
is rot meant to include rights and interests
growing out OF measures Of pHJ|ic poiicy. Acts
| in reference to such measures are to be regard
ed as rather 10 the nature OF Legislation than OF
compact, and although rlgh hts or Interests may
have been acquired under them, those rights and
Interests cannot be considered as violated by sub.
sequent legislative changes which may destroy
them. Whatever in the nature of contract
could be considered to exist, there must be im-
piled in it a condition that the powcris reserved
| to the legislature TO change the law thereafter
as the public interest may from time to time APP
pear to require In delivering the opinion of
the whole court in the case Of B"tler Is Re"
svvnin, 10 How U. S. R. 4l6, MIR. Justice
Daniel says, the contracts designed to be pro
tected by the 10th Sec. of the lst Art. of the
Federal constitution are contracts BY which
perfect rights, certain definite, fixed private
rights of property are vested These are clear
ly di>tidguishabe from measures CT, engage
ments adopted or undertaken by the body po-
little or State government, for the benefit OF all,
and from the necessity Of the case. and accord
ing to universal understanding, to be varied or
discontinued as the public good may require.
And Mr.. Justice Campbell in the case Of 7hr