The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-01-12
tights n tie Union and I united society at


rights in the Union and sinited g society aI
home. !, &.
Yon cannot carry virginia ON tl,e issue OF y
The men cnaigea !, ~ W
Gettysbarg. who sliiYefed LIZ tiie tre y
before Petersburg, who starYea, 3 h1 Io.hl
lookout or Fort Delaware, soleiy, ~ aeience
OF che honor Of their State. Will not. arrow
you to do it. 4 tax OF twenty cents e, on one
hundred dollars in addition VIII save the
state and their honor. And they whom the
bayofet never daunted nor shell quailed
'Will.not be aifrfghted at this mere pecunlary
loss or payment. IL Virginia and the South
goes into this reputation war she VIII
be Federal beggar for the next
two generations, beseeching and whining
around the capital for elymosynary
assistance from the Congress OF the Union;
and, like all beggars, she will be klckcd ana
cufTed at convenience, and always made TO
take the place OF the poor relation:
But another reason why Virginia cannot
be carried for reputation: AN attack on
State bonds implies On ATTACK on natlonal
bonds. The national bonds are the price
OF the freedlnan's liberty. Attack them you
attack him. Property will seize this igno-
rant but interested suffrage and Will pro-
tect itself.
Mr.. CHILEs to Mr. JOHNSON: Was the
contract made by the General Assembly IN
1871 in any way more blpding, morally or
legally. than the contract entered into ny
the whole people Of Virginia sas expressed
by their ballots in reference TO the support
OF her free-school system?
Or. JOHNSON replied that heso considered
it.
Mr.. CHILES: II that be so, why then
have You not, in discharge OF that higher
obligation, appropriated the money Wnlch
has for the last five years been Improperly
appropriated to public schools?
Dir. JOHNSON: The contract made by the
State with her creditors, under the act OF
1871, was contract protected by the Con-
stitution CT the United STAGES. We were
not only moralIp bound to observe 1t. but
we can be forced 20 do SO by lega! proceed
ings. But the dedication OF certain funds
to free schools by the people OF Virginia In
their Constitution was in no sense q con-
tract. It was Il declaration by the people
that portion OF the peoples money should
be used solely for the peoples use-to wit !:
The support OF free schools. A contract
implies two parties aud consideration.
Here was only one party-thc people-and
no consideration. They can revoke their
Constitution at their pleasure; they cannot
cancel their contract without the consent OF
the other party-t!ie creditor. 1t was the
duty and moral obligation OF the Legista-
ture to have provided for the free schools
and the public debt beth. Failure to do
their duty in one respect will not excuse
their failure in another. Two wrongs VIII
never make right. No legislation has ever
/ ha opfp ~ 1879 n i'm.
pair the obligation OF the contracts under
the funding bill, and have striven to pro-
vide both for the public schools and the
public creditor.
BIr. CHILEs: If the people had no right
to provide fund fer this special object
| then the whole public-school system is an
outrage on law and morals, and neither the
General Assembly nor the people have a
right to elect Or pay q General Superln-
tendent for the perfection OF this system,
because it takes money from the treasury
which ought to be used to meet the higher
obligation.
Mr.. PBLEGAR replied to Dir. JoHNsoN's re-
marks, and advocated the passage OF the
bill. lie said it was with great ditfidence
that he entered into the argument OF this
question. He held to the doctrine that the
obligation OF society is pledged to the pro-
lection OF the property OF her citizens be-
fore the public creditor is satisfied, but he
was no repudiator. He loved the honor OF
Virginia as much as any senator on this
floor, and before the debt should be rcpu-
dated be would vote for an increase OF
taxation. But he did not deem such an
expedient necessary. He thought that the
public creditor ought not to impose such a
hardship upon our impoverished peo-
| pie. He could see that the State was
growing poorer and poorer every day.
He was Of the opinion that high taxes
brought about the depression, and this de-
not resdjustment the present condition OF
affairs in the State. He believed that the
trouble and talk about impairing the nbli-
CATION of contract was that proper dis
tinction is not drawn between moral and
legal obligation. BE then went on to
discuss what was meant by the obligation
of contract, and quoted various authorities
to sustain his position. He contended that
il there was no obligation in the Constitution
to devote any portion of the States revenues
to particular object the Legislature was
not debarred from devoting portion OF her
revenues to particular object. But the
Convention which framed the Constitution
did apply part OF the annual tax to the
support Of schools, and made it mandatory.
No question of a school tax has ever been
decided by the Court Of Appeals. He
thought that the coupons were receivable
for Ill debts due the Commonwealth except
the schoo-taX. The Constitution provides
that the capitation tax shall be set aside for
school purposes, and no senator will contend
that that tax can be diverted to other pur-
poses; and ii that tax cannot be diverted,
why iSsit that when the Constitution says
that certain portion OF the general tax
shall be used for school purposes that this
Legislature can divert that much Of the tax !?
Mr.. GAYLE inquired OF Mr., PHLEGAR il
the Legislature had intended to except the
school fund in the funding bill, which says
the coupons shall be receivable for all debts
due the State. Why didn't be specify that
school tax in that bill?
Mr.. PHLEGAR replied that the Legislature
did not intend to except the school fund,
but intended to bind the whole revenue;
but the question here is, Had not the Con-
stitution appropriated the one mill in the
500 to school purposes, so that the Legis-
lature could not appropriate it or bind it
for any other purpose?
Mr.. PHLEGAR concluded his remarks by
saying that he should be glad to have the
question passed upon by the Supreme
Court and forever removed from the poll
tics OF the State.
Mr.. LEE rose to address the Senate ut 2:45,
but yielded to motion to adjourn.
HOUSE OF DELEGATES.
The House was called to order at II o'clock
bv Speaker ALLEN. Prayer by Rev. DR..
Woodbridge, OF the Monumental (Episco-
paD church.
Personal.