The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-04-27
nIlll,olla llspatelt
sa,r14sr, Il APRIL 81. 1873.
The Unanimous Declaration OF the
rTiphast Judicial Tribunals, State and


Federal.
We laid before cur readers on Wednes-
day the unanimous opinion Of the Court OF.
Appeals OF Virginia upon the subject OF O
public faith and the nysoiaoility OF con-
tracts. we reproduce this declaration below
under the idea that nothing can benefit the
people more than the frequent recurrence
to cardinal principles that are the very
foundation Of public virtue rs well as pub
lie peace and safety. This declaration, as
we said before, Is quoted aud affirmed by
Judge STAPLES in his dissenting opinion
and is therefore made the unanimous decsa-
ration Of the court OF last resort in Virginia.
We repeat it, as follows
Let me say, 10 conclusion, ! concur now,
as r did then, with Judge. Christian ia
what he said in the homestead cases the
inyioiabilsty of contracts, pubic ana pri-
yate. Is the foundation OF all SOCIAL progress,
wherever enlightened jurisprudence pre-.
vail, and concur with him now in what
he has said on that subject. Good faith Is
essential in States as well as in individuals;
neither can be Just or permanently pros
perous without it. Upon that subject my
own voice, feeble as it is. can never have any
uncertain sound.
Thus saith the Court OF Appeals, and
thus it presents to the people OF Virginia a
! code OF morals that is at war with anything
like reputation, partial or complete, and
at war with all faithlesSness. 1t is an
anathema OF all sorts of avoidance OF honest
obligations, public or private, and every
species OF artifice by which money is OBJ
tanned by false pretences and withheld from
the lawful owner, by whatever name it
may be called.
Aud now, fellow-citizens, we append the
declaration OF the
SUPREME COURT OF THE UNITED STATES.
It is complete and vigorous. There is no
uncertainty, no doubt, about it. 1t is hon.
orable to the highest court in the nation,
both Tor its moral orthodoxy and Its legal
Justice. This declaration, read Immediately
after harangue from reputation or lot
c1ble-readiusting demagogue, would scatter
his cbaff TO the winds and drive him like
thistle down before the storm. This decar;'-
ton is made in the opinion Of the Supreme
Court, quoted by us yesterday, in the case
OF .sMURRAY against the city Of Charleston"
That opinion. we conjecture, was written
by Chief-Justice WAITE. 1t is elegant in
style and irresistible in logic. The decara-
ton alluded to is rs follows:
tsThere is no more important provision
Gin the Federal Constitution than the one
"which prohibits States from passing laws
{. impairing the obligations OF contracts,
sand it is one of the highest duties OF this
SCOUT to take care the prohibition shall
"neither be eyaded nor irittered away.
"Complete effect must be given to it in all
.sits spirit. The invioability Of contracts
"and the duty of performing them, as
"made, aIe foundations OF all well-ordered
society, and to prevent the removal or
disturbance OF these foundations was
.sone of the great objects for which the
Constitution was framed"
Is there any one who can't understand
this? Is there any frog-pond OF croaking
readiusters within the broad limits Of Vir-
ginia that will not be hushed by this males
tic declaration, this terse statement of the
nature of public obligation, and the inyio-
liability Of contracts?
We appeal to the people to reperuse these
declarations, and ask themselves il they see
how the State of Virginia can violate her
obligations in view Of these clear and indu-
bitable definitions