The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-01-05


e general obligation to see that he does no
suffer by tie Change.
The principles above, announced are jus
g and reasonable In themselves, atfd are ii
: strict analogy to the well,estab bIished princi
pies OF law applicable 70 joint debtors. II
such cases one debtor may owe the whole
: debt and the other nothing; as between them
selves but as to the common creditor eact
, owes the entire debt and no arrangement
between themselves, without the creditors
/ consent, can sever the debt or alter il In any
respect as TO him. Each Is and must remain
bound for al, |, and ! understand this doctrine
TO- be not only conceded but main.
tanned by the present Attorney. Gene.
tal, IL u.s. indeed !. the only safe
and just doctrine for the creditor, and ise not
;: a. all unjust TO The, State. BY the payment
loE The whole debt an equity at once arises In
her favor to demand contribution from the
other State, which she may enforce In the
United States courts-a right secured to
States, but denied to citizens. She cannot
suffer, therefors, by doing right. Virgins
has not lost her identity by the loss OF forty
eight counties and the Inhabitants thereof.
'I"lmpOVerished, crushed, apd dismembered
like multitude Of her f,ithful defenders),
but not dishonored," ). s,z.
b. 80. 80 .sHE IS VIRGINIA STILL, Gssj
and SO trust she will long remain. I
am wholly unwilling to admit that her iden.
fity has been lost. The Safe Of Virginia Is
still State. We are told by Mr. Wheaton
that If a portion only Of the territory
tof State be separated from the origi.
nal State By conquest and ,eession The
original State continues. Lawrence Wheat
Iyrf O RI ntr
18th edition). And 80 with Virginia. She
Is stilla State. 1t is true that portion of
her territory and population have. been
wrested from her, but she yet holds two.
thirds of her terri.ory-tWo-thrds of her
population, her capitol, her archives, her ira
ditions, an immense majority Of her true
hearted sons and! daughters, and her name
with its houored and hallowed memories.
(" These constitute a Stdte.",: s..s
| l ana Of OpiEion, therefore, with the Cir
emit Court, that the State of Virginia is
bound by her "eompact" With her creditor
for, and now owes the entire amount Of, the
debt claimed in the petition: not merely be-
cause she holds q large proportion Of the
goods and territory of the old State of Vir-
ginia, but because she is old Virginia herself.
Her identity, has ), never been lost. 1t is
scarcely necessary to, add that in what has
| been said above it has not been my purpose
| to express or intimate any opinion as to the
| respective rights and liabilities Of the State
and those of her creditors who have ac-
cepted the provisions Of the act Of March 80,
| 1871, commonly called the q funding !" ac,.
That question is not before US eyeninciden:.
ally, and no opinion is siexpressed thereon.
On the second question: involved ia the
cause am constrained to differ in to to with
the Circuit Court. I do not consider that
the failure or refusal of J4-tsi..f
THE LEGISLATURE
to make provision for the payment Of the
petitioners claim, or the fact that the claim
itself was for an acknowledged and Ilqui-
dated debt, either or both combined, consti-
tuted a sufficient reason for disnissing the
petitioners petition. On the contrary, my
opinion is that under the statutes OF the
State she is liable to be sued in this case by
ment should have been rendered against her.
1 do not mean to intimate that q State can
be sued in any case, either by her own citi.
zens or others, in her own courts without
her authority and against her consent. But
It has ever been the cherished policy of Yir-
ginia to allow to her citizens and others the
largest liberty Of suit against herself. And
there never has been q moment since Octo-
Der, 1778 (but two years and three months
after she became an independent State), that
all persons have not enjoyed this right by eX
press statute. By the 9th section OF the act
OF October, IT'S, 9th Hen, Statutes, p. $40,
it was enacted that "Where the Auditors, act
ing according to their discretion and jndg.
ment, shall di.alloW or abate any article Of
demand against the Commonwealth, and any
person shall think himself aggrieYed thereby,
he shall be at liberty to petition the High
Court of Chancery, or the General Court,
according to the nature of his case, for re-
dress, and such. court shall proceed TO do
right thereon; and a like petition shall be
allowed in all other cases to any other per-
son who is entitled to demand against the
Commonwealth any right in law Or equity"
Here, then, is the largest
LIBERTY OF SUIT
against the Commonwealth which can we'll
he conceived. It is allowed not only to all
those persons whose claims may have been
presented to the Auditors according to law,
and refused by them, but to all others Cen
titled to demand against the Commonwealth
any right in law or equity" ] can conceive
of no class OF claimants not embraced by
| this law, and the privilege has never been
| taken away or curtailet by any subsequent
statute. It will be found rteaac:ed ~ the
reyisal Of 1919 with scarcely the change OF
word, (2, revised Code, 1910, chapter l74,
section 6, page 2,) and BY the act Of March
| 90. 1898. entitled can act concerning claims
aeainstthe Common wealth, % '(Sessions Acts of
1888, chapter IA. page 27 y the same unlimited
right of suit against the Commonwealth Is
| secured to all persons in language more In
tidetaii. bat not more comprehensive, than
that already on the statute-book! A portion
of the first section ofthe act enacts '':that It
shall be laWfulifor all persons having claims
| against ffs sSe9shmonw ealtb, legal or eqnita.
bic, and ,ohethef the amount be hqaddted or
not, to present them to the Auditor, and IL
The same be not allowed, to proceed accord
ing to- ste sixth section Of the "act to reduce
| into one the several acts Concerning the Au-
ditor and Treasurer" Witch has been above
referred to {; and 80 the law remained until
the repisal Of 1S49. In their report to the
| Legislature the reYisers recommended the
adoption. Of q clause the same IN substance
i with the law then in force, and retaining the
words illegal or equitable, and whether
1.-THE same be Iquidatedi or notY;;z bus the
/ Committee ON Revision and the Legislature,
with 8 ..& aa;.i '.......', - ~ -
i al6l n AvlEw TO iBREyfrY, ia,
lstruck out those words as mere surDlusage,
and embraced the same idea in a more con-
else form by using the words "any otner
claim y against the Commonwealth /; and 80
tue law now stands -. 49, -
No language can be broader and more
comprehensive, and l can see no reason iot
confning this general and unlimited author.
ity TO sue. the Commonwealth, on any otaei
tclairn, to aaliaaiddted claims alone. -
Some stress was laid in the. argumen,!
an the fact that under the law as !!
ls-. " 40 -, Alairnx (which if all0Wed