The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-12-06

which are or may become indispen.,tIhnOe
the support Of the government. ara " =. 70
therefore, from the very ncccs.i., ,, ',,a>
case, the bill is unconstitutional ana VI In. tnH
Is this proposition true? ''n'
Assuming that the State cannot ..ri,,
OF such powers and resources ~ orn ; ,'I.h
pensabIe to its existence, it must br rc ,,,i>
bcred, as having been well settled th' '' IN
political department can aIiena;r Lr ', u"
tract some portion OF its means. ana ~
the province OF that department to der;ds
what portion OF its revenues il necn.snrn
the support OF the government and ~. %
portion can be alicnated without imror;,I;;'1a'
lis existence. 1t must also be borne in nina
that department Of the government, ill.,
the State, can never die, and, however ,b1
members composing 1t may change 70, -
legal contemplation the department j;..v ~
the same yesterday, to-day, ana foreysr =.
1871 the political department, bciry clo,hd "a
with full authority to contract in the ,,r"r,
ises, decided that the State would ,,-'
means enough left for it, suppor, 1S,',
alternating certain proportion Of il. rn,'.
nues to its creditors, and accordingIy Il I;I
by an executed contract ALLEVIATE .h1;. roc.
nues, or most OF them, for pcr,od ~,
thirty-four years. Could that idcntica, :,
partment the next day or year, or six yo',.
thereafter, change its mind and ann,,I e.
contract, which it was competent 10 rnq.,a
on the ground that it had committed an n.r.,
and had conveyed away more Of thr row
nues than it could afford to snare. r,,
statement OF the question answers il TIo
parties 10 every contract stand in cn,.c,,',t
relation, and they are clothed with corr.ia
tive rights. The only department o; ,Io
government which can bind the S,o,cI,
contract with its creditors has neither NOV.
nor less power to annul or change the cor.
tract afterwards than the creditors ,bar,.
selves have. TO say that either party n q
concluded contract may Withdraw from !,
or annul it because it has made 2 bad bar
gain, Is the announcement Gi 4 'bnor,
which would overthrow every princf,lo q.
legal right and human obligation, Ia SO
that state may thus rctract its p!lghrsd
faith and revoke its contract, i To dtSrro,,
the Salctity OF all contracts 10 pr- an eni
TO all confidence between man and man "a
oYerturn the foundations OF public and rri,
waite credit, and TO render the Government,
p0werle>s to raise loans and maintain II,
existence in any time OF emergency. The
establishment OF doctrine 80 raon.,rom.
would Dc the virtual dissolution Ct ciy,Ii1nt
society.
Bat it is alleged that the iunding.ni!, con.
tract Is III fact impeding and v!rtWlitv >,n,.-
ping ;hc wheels Of the government: ;hp
it inlpairs its inalicuablc RIGHT Of .clf.nre.
scrvati0n and impcri's its existence: that
to let 1t remain in forte is TO produce. 4 cg.c
Of political t,i0 dc 81 ; ;aat the STATE /, cor.
situtionaIy bound to preserve it. &,ln..
and the only rlcanS Oi prc.rrlins i, j.. tn.
abro-ation 81 that Measure; and That.
therefore, the supreme duty and supreme
law OF seli-picSrrvatOn both cmpowtr and
obIige the state TO ahrogate it, Are the.
propositions true!
It must he remembered tn1t Nirginil i,
not Il separate nation. but one u many
United States, irre>i>libiy bound By The
obligations which perpetual" the common
country and bind the states together in
general union. The Stale mist act within
the powers which it bas reserved ami no,
dcic@ued 10 the common Government. +
cannot 90 counter TO those delegated pow
rrS. for they are nyiolahlc and supreme. /
i part oil the supreme law thus erected
over all the States that no state ,hiIi impair
proposed that the State .iEli inyok" tbr
supreme law ~ Sclf-prc>crvatiOn and exert
the supreme right Of nations in order 10 rid
itself or contract. ask how can Virginia,
under such color OF authority. do an AZ,
which the organic law Of the Union expressly
binds Virginia not to do! In order TO III.
woke such supposed authority Virginia
must co outside OF the Union, and c't>" 10
be member OF ii. The proposed remedy
is cXtra-cOn>tituti0ial and revolutionary,
and in order to justify i the Suprcm" judi
cial tribunal OF the Union would Eayr e. b"
called on to do what is plainly impus>lbt-
that is. to reverse it, consistent and trad
tional rulings upon the question inyo!v"d.
Even where an Independent nation invoke.
the ultimate law OF MISREPRESENTATION in such
ease. the highest authorities inform u tia;
the necessity for rcsortin@ TO il must b"
clear and overwhelming: il must b" such
as to satisfy the sentiment Of honor which
pervades the moral and financial world: ~
must be the first and supreme necessity
necessity which IS not chosen but choose.
4 necessity paramount to del0cra,lon, t'I;t
admits no discussion and demands no rNi'
denca." which alone could cEctI>" M alter
native 50 rrplcte with anarchy and dcsi"r;I-
ton.
Happily. it i demonstrate" that II" ollra
necessity can arise in Virginia. II the drh;
proper OF each State I've aggregated with il
municipal and local Indebtedness, Il con-
parison OIL that basis will show that, rria-
lively TO population and resources, the poo
pie Of Virginia owe less than those al many
OF the States. 1t viii, be found that III" rac
OF taxation in this State is less than in aImo&
ali Others. 1t will be found that The >ta"
taxes are little as compared with the direct
aud Indirect taxes which Virginia pays -
the National Government. Even il then"
method Of taxing liquor, Should Yield no
Increase OF revenue, still III" deficiency III
the treasury would lac covered b! IAN
equal to tax Of ten cents on the hundred
dollars. or o! thirty cents on each inhahl'aE
Of the Commonwealth. The allegation that
the State cannot maintain IT. existence AMI
carry its debt i, not only wholly Nm,HI-
ported, huC coacluSivc!v con'rldicird by
the facts.
The remaining otiector, 10 Inc .und'A-
bin are those, before referred 10. who asset,
that Virginia owes no debt. IHcy argue
that the State has been conquered by arul'.
and that the conqueror hayin" dl>mtM'
bcrcd it and destroyed more than hall OF it>
taxable values, has become solely liable io'
its ante. bellum debt.
We are taught, by the standard autho"'
ties on national law, that " here two power
are ut war, and one OF them in batting io'
the defence OF it, invaded territory dcstroI>
the property OF its own citizens, Inc GAM
are, thus inflicted '.arc miSiortuneS WiiltH
chance deals out to the proprietors on WHOM,
they happen TO fall and that no Hc!hal''
lies against the State for losses which II tnU'
occasions to It's own citizens in the eXrF'l'"
OF its rights. 1t is evident, and Tor >ifo"s,
cr reason, that no reclamation lies "S'!ii'>,
the invading or conquerlns enemy '"'
the damages or lossc, he !nN",,'
The law OF States and nations a.
clares: :. All are exposed TO such daIni5S,'