Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1875-10-19

State, to relieve the people from the
hazards to which that clause expose,
them. That the law is calculated and
IS likely to bring upon the State tie
evils indicated, do not think can be
reasonably doubted. Suppose we
should continue for ten wears 10 fail 10
pay the interest on the debt at The rate
OF over million of dollars wear as
We do now, which is more than prob
able, and suit should be brought
against the State 10y its creditors Tor
the arrears of interest Judgment OF
tanned, and "a process should be issued
to subject the State House, Governors
residence, Public Library, and all
olher property belonging to the State
10 satisfy the claims, and the Treasury
was full of coupons bGt w thout money,
we would then he in the lamentable
condition anticipated from the effects
Of the Funding Bill. and which, if not
repealed, II Is too well, if not surely
calculated to produce. And can any
| Legislature be wise or constitutional
that invites such calamities upon the
state? / cannot, | will not, believe
it.
Tn total amount of State revenue
derived from The present rate of taxa
tlon, amounts annually to about 81,
! 0OO.OOO, while to meet the annual cX-
penses Of the government. and pay the
| yearly interest on the bonds, would
require S3.5)0.O0O, to raise which
amount would require an increase of
The present rate OF taxation of 80 cents
! on the 500.
The right of legislation is a sover-
! eIgn power, and it extends to all the
| If . ,., III,
| cannot Ue annuIled or impaired by
any previous Legislative act. tits the
| duty of the Legislature to provide by
law for the welfare Of the State, and
! not its rein and misery. Not to do so
| Is great error, not TO use a higher
! term. The assumption of the Legisla-
! ture Of the legal right to legisiate thir-
! ty-tOur years in advance, under the
vain superstition that the next genera
! ton are morally or legally bound or
! will obey it, If It conflicts with their
| interest or Judgment, may be justly
! characterized an act of folly. This
| Will appear more manifest when it is
| remembered that mankind are becOm-
| ing more Intelligent and wiser every
| year, and oar poslerity, even thirty
! years hence, may have so Tar advanced
| IA knowledge and the science of gov
eminent as 10 regard our present svs-
| tenn Of government aud laws with the
same establishments and contempt that
We now entertain for those at China.
The Court admits in lis reasoning
THAT tn" Legislature cannot enact :.
law which will disable and make il
impossible for it to discharge impur-
iaut duties 10 lie country, which the
constitution Gevuivez upon IT. Lut
attempts 10 Justify The law Ly uSsuui-
Isr" that il cAHIot lead 10 such sad COLI
-egUeIcrs. and that lie "Le@i~l,uTe
Hjd not intend 10 enact Il law which
wuliii in failure incaiacilaic il 10 DIS
charge is important Legislative fuuG
tious and constitutional duty. In
ra,Crcncc 10 the NEUTRALITY-SUSPICIOUS.
CnS which the coul SCI for the plain
tits nr-u,d that might lie hroucIt
upon the Commonwealth liy the exc
cutjau ola law during 80 many Years,
the Court was unable To discover any
GaUyer that could Cmaua-c from il, aud
said tina! WAS a matter which CON
r"cncd tie Legislature To ascertain tr-
farr they authorized the contract to hC
Hiah,. was purely u legislative en-
gIiiry. L would NOT he meet or seem
y in thp judicial tribunals 70 20 iugo
eXtriHSjc evidence OF fact aS Ia the
operation Of an act of ihe Legislature,
To show that the act Was unCOnstitu
aIU
| shall l,ot attempt to fathom the in
toniiuus Of !ht legislature for making
the !ay as they cat never be aSceT- !
tanned, but duuht not that thcv act q |
from honest and patriotic motives
Eat when the court announces the |
strange doctrine that il has nothing II |
do with the evils which may flow |
from The act, to ascertain which i its |
peculiar province, and by which it can |
only discover the nature and char |
acter of law, il itbandons a duty by |
which alone it can properly perform |
It's important judicial functions. A |
Court cannot determine the character |
and probable effects of "A law by the |
ink upon the paper. 1t can only de-
eide upon the nature of a law by its |
words, their meaning and probable
effect upon s0cIety-whether it con
flicts with the constitution of the Uni
ted States, or that OF the State. or pub
lie poIicy-and whether any of its pro
kisiOus, if carried out, would endanger
the government OF the State, or may
lead to its destruction. The duty inn
posed upon the Legislature and Courts
10y the constitution is To preserve the
life of the State-nOt its destruction,
10 promote, by wise and judicious
laws, the welfare of the people, and
not their oppression.
In deciding upon the coupon fea-
ture of the act of the It'll of March,
1872 the Court did not hesitate to en-
croach upon the prerogatives which 1t
exclusively assigns TO the Legislature,
by ascertaininr the effects of the law
by which alone it was able To pro
nounce it unconstitutional. Strange |
Inconsistency
The Court refers to the cases of the
State of New Jersey rs Wilson; Wood
ruff, vs., TrapnalI Turner. vs.. Nichol;
the Exchange Bank of Virginia vs..
Knox, and other adiudicated cases in
vulving the law Of contracts and con-
sidcrs them as analogous to the Fund
ing Bill. but their analogy entirely
ceases when we consider the different
effects they may have upon the State
and people IN carrying them into eX- |
,cuiion and by which their cOnstiru
.ioualijy can alone and should be de d
:
The execution Of the contracts in
.hcsc eases. which the Court considers J
IS conclusive of the question" could J
IN no possible way Cypress The people, j.
niure or impair Tie efficiency Of the Z,
state governments against which they
we're rendered +; whereas 10y n combI. =
nation of unforeseen misfoftunes To =
which every State Is liable. the eXecu !
ion Of the Funding Bib not only op- |
presses the people now, but may de- !,
.trov the State government itself ana .
nus bring incalcuIable misery upon =
he people. a contingency TO which no q
State or people shoHld or can legally o
,,- subjected 10y the Legislature, and r.
ate which the constitution Of The Uni
ed States. a well As that o! Virginia. 7
we're expressly ordained to prevent - :,
70 site the provisions OF these consti- i
utiuns and decisions Of Courts IN cas- b
IS not analogous, to justify law Il