The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-07-09

UDlLeU StuteS UOyeFnI0sUt. FeIfUW-C1ti-'
zens, when Mr. Fillmore was President we
borrowed 100000 to erect the Washington
monument. Virginia gave her bonds for
il, and those bonds are now unpaid; they
are part and parcel OF the debt that IS to die
With what grace, with what hope Of sue
cess, with what reason to expect success,
can people who are attempting to repu-
diate debts already contracted in building
roads or erecting monuments, go to those
whom she ts wronging and ask loan OF
more? What would be your answer OF an
individual who had just deprived you OF
half OF Just deb. should he ask to create
another with you? You would kick him
Tor his impudence and despise him for his
meanness. But can you forcibly readjust
the coupon debt? Have you the power:
Cow will you do 1t? We are told that :.
convention must be called, and we can do
it then-oyerthrow the Governor, overturn
the Court OF Appeals, pack it with Joe
Bradleys, put them In to render decision
the way the appointing POWER wants it.
not as the law may be; teach the people
that courts are only to be respected
when their opinions SUIT those who should
obey them, overthrow every fixed opinion
and principle Of society and government -
do all these things, and you will certainly
get an opinion from so-calldd FIginian
court that will nulliiy the coupons. But
will the case stop there? Is there no tri-
bunal above the Virginia Court OF Appeals,
and above the reach OF Virginia conven.
ton? There is; and before that tribunal
the question must and will come, before
that tribunal similar questions have been
tried and determined time and time again.
and always against The State or county that
raised it. The Supreme Court OF the United
States has invariably held that the State i
as much prohibited from violating the obli-
CATIONS of contract as is an individual.
The State of New Jersey made contract
with the Indians eNemptlng certain lands
from taxation; after the Indians sold 1t the
State attempted to tax it the cry was th"
Stote is sovereign, one legislature can't i'm
pair the sovereignty by releasing the right
OF taxation, and the State Court OF Appeals
SO decided but TO the United states SUI
preme Court the question in case OF Wrcnn
US. New jersey went, and with Chici-jus-
lice Marshall delivering the opinion that
court said to the State: ''You have made
your contract, aud we will enforce it,
The State OF Arkansas established bank
in 1886, and declared that the notes should
be received in payment Of al debts due the
State. In 1915 her Legislature repealed this
clause and refused to receive the notes for
taxes, and she too had 4 timc-serying Court
OF Appeals which refused to enforce III"
contract. 1t wac the same cry OF sovereign
power, which one Legislature could nor
surrender or barter; yet in the case OF
Woodruff TrapnalI the question went 10 the
Supreme Court OF the United States, and the
was forced TO take the notes
and tue-State drawn to 4 compliance with
her contracts.
The State OF Tennessee established bank
and issued notes similar TO those OF Arkan-
sas; and she, too, afterwards refused 10
receive them-hcr Court OF Appeals wa
subservient to the Legislature or forcihIe re-
adiusters; but in the case OF Furman r..
Nichols the Supreme Court compelled her
to receive the notes and perform her con
tract. In the last three years the city Of
Charleston, in South Carolina, has attempted
to reduce the rate OF interest on her bonds
by taxing it TWO per cent. on the amount
OF principal; but the same Supreme
Court OF The United States has said she must
comply with her contract and pay full III
tcrest. In delivering the opinion OF the
Court on the case (Nurray d Jenk,A rs.
Ciy of Charleston Justice Strong say ::
" \ change Of the expressed stipulations Of
contract or relief OF a debtor from strict
and literal compliance with lis requirements
can no more be effected by an cXertion Of
the taxing power than it can be by the "X-
ertion OF any other power OF State leSlSIa-
ture. The constitutional provision against
impairing contract obligations Is lmlta-
ton upon the taxing power is we'll As upon
en- ,rbn ~ -.
sumo Virginia LaC JOWnnl, May, 1873,
D. 26O. The truth is States and cities
when they borrow money and contract to
repay it with interest are not acting "a SOY
ereignties. They come down to the level 81
ordinary individuals; their contracts hay"
the same meaning rs that OF smaller con
tracts between private persons.
There i, no more important provision III
the Federal Constitution than the one which
prohibits States from passing laws impair
ina the obligations OF contracts, and it i
one OF the highest duties OF thi, Court 10
take care the prohibition shall neither b"
cvaded nor filtered away" Can any req
sonable man in the face OF these decisions
contend for 4 moment that the Suprcmn
Court OF the United States Will not
compel Virginia TO receive her coupons
But they say "thesc decisions are against IN"
acts OF the legislatures. We will hayca cor
ycnton, and by IN ordinance Of the p""r,"
in convention assembled, or by solemn
clause in the Constitution, wc will annW
these cursed coupons The question OF t."
power OF Il convention 10 impair the 0hIGa
ton OF Il contract has twice at least been
before the supreme Court OF the | nlirN
Statcs-oncc in the case Of Dodge Us. Wool
sey, Is How, 334, from the state II ono.
when, by Il new Constitution. ! bank Wa
taxed in excess Of the rate provided III -
charter; and again in the cas-" OF litri rs.
White, Is Wallace, p. -, from f"oTShi'
where a clause in the Constitution Of tD"'
State prohibited 4 judgment on Il d"ht con-
tracted for a slave. This Court said stat
could not. by legislative enactment nor 10y
constitutional provisions, nor by any oth'i
means, impair the obligations of cOntlact~.
Then what good will Il convention do YOU
1t will cost you $4,000 or 5000 900; IL WE
overthrow and destroy the confidence Whlrh
has been reposed in The decisions 81 your
courts it will destroy the respect iAld 10
your highest tribunals; il viii >tlIl lurtIi"E
increase the corruption now existing anon
the people in regard 10 payment Of h'h,>
it will make Judges OF men VINO VIII >'h
their opinions for place: it will prevent Tor
two or three years the receipt OF coupons
for taxes; it will drag the State before tHr
Supreme Court OF the United States. there
to be compelled. at the voice % one sue
must obey, to do what she should have done
OF her own free will. In deba>lng ans! d.
grading submission TO orders. she must 90
what il voluntarily don" would have been
her honor and her pride. ;ut when J.
comes there will be an accumulation ot coU-
pons equal 10 the time Your reconstruct"
court DELAYED 4 final decision. and kept tn"
matter from the higher tribunal; and all
this accumulation will come upon you =,
once. Whit then will Won do: Fellow