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

! must he sought in the wisdom anC
! prudence Of the government for th,
time being, and it cody suggests. a.
| the only remedy, "dR increase OF trr
alton ii the present rate be INSULT
cient," which would augment the bur.
| den Of the people instead OF giving the
! desired relief 4 cruel remedy. in.
deed when applied to an Impoverished
and oppressed Commonwealth! |
! forbear 10 further comment upon this
strange and uusympathetic reasoning
OF the Court.
While providing for the funding OF
the debt of the State, and contracting
with its creditors to pay the interest
on it as it falls due it was the duty of
the Legislature that funded the debt,
if they had the right to make such a
law, to levy a tax to pay the interest
at maturity, which it failed to do, and
by which neglect of duty the debt of
the State is now increasing at the
alarming rate of 81 .062, 57S 05 q year
what wisdom or honor is there in max
ing contract and failing to perform
its Conditions, by which the State is
BOW Iapidly running into hopeless
bankruptcy? If the Legislature had
the constitutional right to make an IT.
repealable contract with the creditors
OF the State, as it is claimed, they also
mad the right, and it was their duty to
contract with them to enact an ire
pealable tax law to run for thirty-four
years to pay the interest which no sue
ceeding Legislature could repeal, ifIhe
opinion of the Court Of Appeals is good
law. Sucn law, although its wisdom
and constitutiOnality may be Justly
questioned, would have lad the merit
of securing TO the creditors the pune
tual payment of the interest on their
bonds and placed the Legislature above
suspicion as to its desire 10 paw the
State debt. When a law is passed by
the Legislature on the plea of pres nv
ing the honor and public credit of the
State. by providing for funding the
debt, and paying the interest thereon
and we see the same Legislature fail
to enact the necessary laws for raising
"A sufficient amount of funds to fulfil
its plighted faith, leaving that Unpop-
ular duty to another Legislature. and
also see the highest judicial tribunal
IN the State euiOgiZe and graveiy pro-
ununce such legislation and conduct
a. wise and honorable. it cannot bat
suggest painful forebodings a. to the
wisdom of our law makers and its ex-
Founders, and excite alarm as to our
future rs ii State and people,
think il may be reasonably as
sumed that the provision in the con-
stitution OF the United Sta es, which
prohibits State from passing any law
"inipairiug the obligation of con
tracts, only refers to contracts be
tween citizens and not TO contracts be
tween a State and citizen, aud this
opinion i sustained 10y the fact that
the llth amendment to the cOnStitu-
lion of The United States vas proposed
and adopted IL prevent a State beng
sued 10y citizen i'm order 10 avoid Jhc
euIiarIa>eH!pHt which such right
wum.d bring upon the country, To
place u State aHd Il citizen IN the same
legal position, III regard To pecuniary
obligations, i inconsistent with it's
sovereignty. dignity and welfare And
the idea that Tie United Statea gov
erumemt can destroy what is ar ac-
kHoWlpbgCd right in the State OF Viz
mia to maintain i simply absurd =
Al individual he. r. taa SAM Relation
to The SAFE. that the members Of a
mans body does to his liie and phvS-
teal laws dviA4Ld TIL sacrifice of the
members of the body TO save life, so
also public law requires that private
Interests Should always yield 10 the
public good.
Ii l. we'll settled principal of the
law OF sovereignty, that no STATE is
bound 10 Gilfili engagements into
which it may have entered, which
wUuli expose it IL imminent danger.
Aud inusmuch rs the Execution Of the
Funding Bill does cApOse the State to
imminent peril, and is calculated To
bring intoierahie misery upon the reo-
pie. and as no law caH be truly just
which is inconsistent with humanity,
and tIe permanent welfare of the State
the Funding Bill is unconstitutional
and should be repealed ami the debt
reaGjusted. And when il is born in
mind that the State has been fUTcibly |
of a very large portion of the |
assets upOn which the debt was crea- |
ted and intended TO be paid, think it |
may be safely presumed that the credi-
tors, in calmly contemplating our poor |
Painful and fallen condition, Will mag |
and gracefully yield to |
such a REIMBURSEMENT of their claims as |
will enable the State to pay them |
with less hardship than the present |
mode imposes, for which simple JUS
lice and humanity alike so touchingly |
plead. But if this justice is denied US,
rather than fall a prey to ambitious
and remOrseless creditors,
he case should be taken to the Su-
creme Court Of the United States,
which | am very sure would reverse
he opinion of the Court of Appeals,
which would enable the Legislature to
'epeal the Funding Bill. The Su-
,reEe Court is composed of gentle
men of great legal cqulrements, and
yhen sitting upon cases Invested of
politics its decisions are distinguished
or legal wisdom, moderation and
guilty. But if we should uHfofiu-
lately fail to obtain relief from that
ugust tribunal, we can surely find it
n mastery inactivity" That's all.
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