Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1878-05-25
THE STATE DEBT IN THE SU,
PREME COURT,

taken step which threatens to re-
move the question of dealing with
our State debt from the cognizance
of legislature and to throw it into
the Supreme Court of the United
States.
We have no official report of this
action of the New York assembly,
but give the following from the
New York Tribune with some COM
ments from the Baltimore Sun:
New York Tribune.
Senator j. +. Pierce's remarkable
bill, "To protect the rights of citi-
zens of this State holding claims
against other States" was passed
by the Assembly, to-day, by vote
of 60 to /. AS it has previously
passed the Senate, it was sent to the
Governor. This bill provides that
citizens of this State holding claims
against other States-like repudia-
ted bonds-may assign them to the
State and have the Attorney-Gen-
eral bring a suit for their payment
in the United States Supreme Court;
all the expenses of such suits to be
borne by the holder of the claim.
New York Special to the Baltimore sun.
The bill to enforce the payment
of debts due by thedefaulting States
passed the New York Assembly
Just before the close of the session,
and now only awaits the signature
of the Governor to become law.
Its features have already been given
in these dispatches. The New York
creditors, backed by the the State,
propose to confer Jurisdiction upon
the Supreme Court of the United
States and compel the defaulting
States to come into court and there
meet the claims of their creditors
upon them. Tenders of a fair COM
promise of the debts due having
failed, it is now proposed to see
what the law will do.
The New York parties who have
moved in this matter, and who have
secured the Legislature to indOrse
their action, rest upon the following
clause in the Constitution of the
United States: "The judicial pow
er of the United States shall extend
tOcOntrOversieS between two Ormore
States, and in those cases in which
a State shall be n party the Supreme
Court shall have original jurisdic-
ton" 1t remains, of course, to be
seen whether the Supreme Court
will consent to interfere in the case
presented, and there are those who
deny that it will do 50. But the
creditors who have undertaken this
rather harsh proceeding feel conf
dent that not only will the court
take cOgnizance of the claim, but
that a decision will be given in their
favor. In that event, if a prompt
settlement is not forthcoming, meas
ures will be adopted that will COM
pei them.
Nearly two years ago one of the
most eminent lawyers of this State
called our attention to clause in
the 14th Amendment of the Con-
stitution which he believed was
competent to bring the State indebt-
edness under federal jurisdiction.
This clause reads as follows:
No State shall make or enforce
any law which shall abridge the
privileges or immunities Of citizens
of the United States; nor shat any
State deprjUe any person OF life, lib
eFty or property without due process
of law, or deny to any person with
in its jurisdiction the equal prOtec-
ton of the laws.
Our friend, whose name, were we
authorized to give it, would be very
high authority, was very decidedly
of opinion that this clause together
with that at the close Of Art. XIV
would furnish sufficient grounds for
congressional action on the subject
within the constitution this latter
clause reads, q 81 ''The Congress
shall have power to enforce, by APP
propriate legislation, the provisions
of this article"
1t will be seen that the method
proposed by the New York Legis-
lature for obtaining judiciary action
is different from this. That body
propose to make it not the suit of
an individual, but a case between
the two States by an assignment
from the bond-hOIder of his bonds
to his own State in which case the
matter could be brought into the
Supreme Court of the United States
by the provisions of the second see
ton of the third article as quoted
in the paragraph we have given
from the Baltimore Sun.
At the time when we first looked
into this question from legal point
of view, we RETAINED from discus
sing it in our articles relating to the
State debt, preferring to appeal to
the honor of the people rather than
to hold up the Supreme Court before
them az teyTOrem. We now express
our decided opinion that this action
of the New York Legislature pre-
sents matter for very grave consid-
Grafton to the citizens of this State
and one which demands prompt
attention.
The position though we have long
foreseen the possibility of its occur
renee, comes nevertheless upon us
as a surprise; as many things do
which have been deemed possible
contingencies; and we are not pre-
pared to say what action is at pres
ent called for. One thing is quite
clear to us, and that is that the day
of compromise is over and can never
return. The alternative now is to
pay the whole debt or to stand the
suit with the possibility of having
the whole State property taken in
execution. We can only add that
all men may now see more clearly
than ever, the folly and iniquity of
our failure to accept fair and hon.
orable compromise when it was Of
fered.