The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-02-08
points when, at 8 o'clock, the ehair was ya- e
Gated until TS T.. NE.
Might session, !.

Sneaker ALLIES called the House to order,
but soon after surrende Tered the. chair 70. Dr.
GRAVES. !.
General TILIAFERRo resumed his argu-
ment. He said he regretted the thread OF
his speech had been broken by the vacation
OF the chair. BE alluded to similar bisec-
ton Of speech OF Mr. w ickham in the SUI
preme Court, when he commenced the next
day by spelling out the last half OF the WORD
he was uttering when the court adjourned.
General TALIAFERRo read from the speech
of Governor Randolph in the Virginia Con-
yention in advocacy Of the adopf,on OF the
United States Constitute to show the op1n-
ion OF those who advocated the adoption,
that the clause restricting the States from
passing laws to impair contracts was not de-
signed to apply to contracts between
State aud an individual. 8stas
He also read from the letter Of Luther
Martin to the Legislature Of Maryland to the
same effect. But he said that whilst he cited
the authorities to show the opinions OF some
now settled beyond all controversy by judi
cial decisions running through many de-
cades-from 1910 down to October, 1877
that the clause does apply to a contract be-
tween State and IN individual
He then took up the argument made by
Speaker ALLEN and others that new case
was made; that q declaration made by the po-
litical power Of q State must be respected by
the courts; and that the preamble OF the
bill would control the courts. He said this
was a case of contract. and the argument
would not apply.
He referred to the case OF Dartmouth Col
lege Us. Woodward, decided by Chiei-Jus-
tice Marshall, and read from his opinion
delivered in that case. he said the
declaration made by the Chicf-Justice,
which was relied on by the other side and
has been read by Dr. MoFFETT, only applied
to different class Of cases-the class OF
cases OF which the famous case OF Luther
Us. Borden was type. General TALIAFER-
no then read from that case the case known
as the Dorr case, and involving. the legitima-
CIV OF the government OF Rhode Island in the
Dorr rebellion, and recited the history Of the
difficulties which gave rise to the decision,
and insisted that whilst the Court had de-
cided in that case to respect, and was bound
to be controlled by, the recognition OF the
other branches OF the government OF the
condition OF affairs and the true status OF
the State, this case made by this bill was 4
very different one, and the courts would not
respect the case made by the preamble and
difference in the two classes Of cases.
In conclusion, he alluded to the decision
OF the Court OF Appeals in the case Of
Wright and Antoni, and insisted that the
Court in that case fully considered the case
of Burroughs and Peyton, so much relied
on by Mr.. DANCE in his argument, and de-
cided that it did not apply. General ITALIA
FERRo said he was very much hurried by
the limited time, but he must say that this
bill was prematurely introduced, and should
not at any event be considered until we had
exhausted all efforts to compromise with our
creditors by the passage OF some such bill as
the Senate had passed last night.
Mr.. POPHAM, OF RAPP4HANNOCK,
followed in advocacy of the bill, holding
that present demands could not possibly be
met without increasing taxation: that the
people had repeatedly pronounced against
it: and that the members OF the Conserva-
tive party were pledged against it. Not
only was it ineXpedient, but in his opinion
in the present distressed condition OF the
people it was impracticable. Yet the hour
had come when the State was in such peril
that she bad to choose the alternative OF
having the wheels OF government locked
and making an attempt to get control Of her
revenues.
Mr.. PopuAM reviewed the history OF the
funding bill, showing much familiarity
Herewith. and argued that the bill under
discussion was demanded by every consid-
Grafton Of public safety, and that it would
be the best for the creditors, inaSmuch rs it
would stop the reputation now going on,
and would enable Us to do equal justice to
all OF orr creditors.
MIR. MUSHBACK. OF ALEXANDRIA,
while stating that he regarded the funding
bill rs very unfortunate legislation, declared
his belief that it would stand, in defiance of
all the acts of Assembly and thunders OF
denunciation that could be hurled against it.
He claimed that the State had no sovereignty
in the matter; that she released that when
she entered into the Federal compact. She
had this sovereignty before that time; but
there she surrendered it. Then she could
have impaired the obligation of contracts
now she cannot. In his opinion, il the
question came between the sovereignty of
the State on the one hand and the United
States Constitution on the other, the as
sumed sovereignty Of the State would have
to go down. This position he elaborated
and fortified by authority. Any forcible
reimbursement he was opposed to.
tons from AIessrs. FOWLER and SPEssARD
intended to show that he OR. MUsHBACK)
was inconsistent, in that he had recently
had passed bill allowing the city OF Alex
andrla to compromise her debt at fifty cents
on the dollar, and giving very great adyan-
tages to those who had funded. Mr.. MUSH-
BACK responded to all their interrogatores
promptly and in good humor, and conclu-
Siyely showed that there was no forcibe re-
adjustment in the measure, as the creditors
loere first consulted and accepted The terms
proposed.
MIR. MUsHBACK. declared in favor OF the
BROOKE bill, and with abundant facts and
figures argued that we could pay 4 per
cent, and expressed his opinion that the
creditors would take that cheerfully.
Than Mr.: MUsHB4cK's no better speech
has been made in the House on the debt
question. 1t was up to the level OF any one.
He kept close to the subject all the time,
and made his points clearly and distinctly.
MR.. HUNTER, OF ALEXANDRIA,
made an interesting argument in favor of
the bill, which did not go quite as far rs he
wished, but was the best proposition made
as far as he could see. The alternatives
were three: Increased taxation, the present
measure. and to let things go on as they are
now. So he favored the bill. He would
gladly vote for four per cent. il possible.
Mr.. HUNTER declined to go into discus
sion OF the legal points, for he knew less
about law than the gentleman from Buck
ingham even. [Laughter.] That gentle
man had said he knew enough to keep out
Of the hands Of the law; Mr.. HUNTER
didn't.
Mr.. BocoCK next got the floor, but ex-
pressed the hope Gt was getting on to 10
o'clock) that the House would adjourn.