Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1878-04-16

CLate UE forfeiture, OF all IlDeS COL
lected for offences committed against
the State, and such other levies as
the General Assembly may apply
thereto. No intelligent man vii
maintain that it is competent for the
Legislature, by any contract, to di,
vert this fund from its specific object
as prescribed BY the Constitution. =
Take for example. the proceeds Of
the public lands dedicated by Con-
gress to school purposes, if the
lands. Shen sold by the State, may
be paid for in coupons. ere the pro,
ceeds set apart for the objects dcsig,
mated in The Constitution? Take
the fne in this case. If The petition
er may pay ii in coupons. any other
person upon whom fine is imposed
may do likewise? Are not such fines
IN effect for all practical purposes ap>
p,oprated to the payment Of the
public debt? | can see no difference
between a Law which applies them
directly to the payment Of the inter
est on tie public debt, and a Law
which authorizes them to he paid in
coupons The answer again is. that
he Legislature must increase the
taxes, and supply the deficiency from
other sources. Bat the question still
arises. can d Legislature divert
fund from the purposes of the trust
under the Constitution, and justify its
action by relying upon another Leg
i,Iature to raise another fund from
another source to meet the objects of
the trust?
THE main design of the provision
of the Constitution was tu create
fund hey yond the reach of the Legjsla-
ture, afd i'll TAO wise dependent upon
its neglect Knd failure of duty. |, is
very true that the fines have hereto
fore been paid into the Treasury, in
common with other public dues, and
SO long as the whole was paid in mon
ey no Inconvenience or Injustice could |
arise hut now tie question assumes
al entirely different aspect, for ii the |
Legis ature shall pass an act directing |
that the fines shall he paid in money,
and lhe money thus pGid shall be set |
apart for school purposes, under the |
ruling uf the court, the act would be |
because the Funiiug !
bill declares thai all puhIic dues may |
lle paid IN coupons The result is that |
one Legislature may, by an agree
ment with the creditor, appropriate To |
lis claim fund set apar; 10y he Con |
stitUji0n irrpvdcably for aurther pur-
pose, and if succeeding legislatures |
fail 10 supply other means TO meet the |
deficiency. there is no remedy for Il |
&ipShie violation of tIat instrument. |
] can never give my assent to this
duc'rine. II is the duty of the Leg |
stature hy taxation to pay the debt
Ii il fails to do 50, it cannot justify |
IS actio;: By giving 10 the creditor
fund not under It's control. Upon |
,i punt Thought the argument OF
the Attorney General unauswerabie
Let me say, in conclusion. | cons
cur now, as [ did then, with Judge |
cifi,tisn in what he SAID in tue hrme> !
stead ses-''the inyiolabihtY ci
public and private, is the
foundations of all social progress, and
the corner stone of ail forms Of Soci-
ely wherever enlightened iuriSpru-
deuce prevails" aud | concur With
him now what he has said on that
subject. Coed faith is as essential
10 States as we'll as in individuals;
neither can be Just or permanently
prosperous without it, Upon that
subject, my own voice, as feeble as it
is, can never have any uncertain
sound. But, however potential may
be the obligations of good faith, they
Cannot justify the Legislature in sur
rendering one of the essential sttri
buLes of State Sovereignty, or in
putting upon its sIatle- books, under
the fOrm of contract. a law which
violates the plain letter of the Cons
stitution.
Believing that the Funding Bin is
justly obnoxious to these objections.
[ can never give it my sanction as a
Judge of this Court. must, there
fore dissent from the opinion just DE-
livered
Iregret that this opinion has been.
necessarily, SO hastily prepared: but
it was net until last night that de-
termined to reduce my views to writ
ing.