The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-02-05
RirI,l.,oll paffn
, NJ, { T'EBRtyAR 1915 l.
Acon,fes,sion
A Confession u 81:
ii ssie House 81 Delegates J. lsss sasara y,
M SRsfsoS. OF Sussex, offered tsle Ios

Il
:s3s 81 Il Concession.
IA arc Housc 81 DeIe gates last sasuraay,
Mr. Ixpsisos, OF sussex, offered t.le IoF
lowing resolution: &, !, q,
q ,sssolYsd, as tho sense OF THIS .aouse,
,,,..t s,s,,, tsf nature sos che Federal com.
.s.ns src,,, tho declaration nnde by Virginia
s a nsfer Sfntes in their acts OF accession
~ she saue, from the circumstances Willcn
carried and explained their action, ana
irvun che light oil contemp oran eotis eAPes.ss
ron, the clause ef the a0tn secttoha w
article i OF The Constitution OF tne
United States, which forbids any stase "
p6ss law isnpairing the obtsgasionoa WI !,
fsacts. was Intended By the iremeIs anu
ratifers on said Constitution % Apply vli -
fhe, nuhsic dsbts or this CommonW
sad that such should BE taken and heta 70
be the ,sroper meaning end Interpretation
OF the same.
III iris resolution Is not . confession taat
there is something wrong in the action ri pro.
posed to be taken By the forcibIe Readiust-
ess, the English language must be at f all't
Let as examine t.. l NJ
First, let it be remembered that what is
here affirmed OF constitutional provision
can as truthfully be affirmed OF the eighth
commandment. This commandment was
Intended to apply ..oniy in the case OF prit-
yate contracts !" so Ear, as Moses informs US.
we mention this fact not because there IS
any member OF the Legislature who Wouid
dream for a moment OF disregarding the
commandment in question. We do not be-
aieye there is one such. And, moreover, we
do not think that the members can be con-
WINGED by hard words. But we call atten-
ton to the fact that II the resolution proves
anything it proves too much, to show how
easy it is TO state general propositions which
though true enough will mislead us IL we
accepttbem as arguments.
Secondly, we concedc that the statement
is true. We have no idea that the trainers
OF the Federal Constitution meant STATE
contracts when they provided that no State
should pass any law impairing the obilga-
ton OF contracts. Reputation never en-
tered into their thoughts, we suppose.
They were thinking OF private debts, no
doubt II General WASHINGTON, the pre-
sident OF the Convention which framed the
Constitution, lad been told that that pro-
vision would some day be held to apply to
Virginia, he would have been incredulous
both because he knew it was intended to
apply to private contracts only, and because
he could not conceive the possibility that
his native State would ever desire to repu-
diate any OF her obligations. 1.-THE provision
had been Intended to apply to the States, It's
phraseology would have been different. 1t
would have read, mo State shall repu-
diate her debts,'' or .No State shall neglect
to levy taxes enough to enable her to meet
ali her obligations" or some other language
OF equivalent meaning. 1t was not neces-
sary then, and it is not now, for State to
tspass law'' to impair the obligation OF
her own contracts. All she has to do is to
refuse to levy the taxes needed for the ,pur-
pose of keeping them. But, as General
TALIAFERRo said recently when conceding
the same point, what is laynan's opinion
worth when it comes in conflict with the
decision Of the Supreme Court Of the
United States, or Of the Court OF Appeals
OF Virginia. Practically the Constitution
means for Yirginians Just what those august
tribunals hold it to mean; and we can
not .resolye y the State out OF the
jurisdiction OF either Of those courts.
III they hold that the constitutional provi-
sional mentioned In the above resolution
aoas intended TO apply to State contracts,
then it does SO apply; and unless we are
willing to set up a "higher law" as Mr..
SEWARD did and the Communists do, we
must admit that it is our duty to accept the
Interpretation OF the Constitution which is
given to us by the highest court in the State
and the highest court in the Union. We
are aw-loYing people, and cannot afford
to set the example Of preferring our private
construction Of law TO that put upon it by
the learned iurists whose business it is to ex-
pound the Constitution for US.
But, thirdly, Mr.. HARRIsoN's resolution,
by necessary implication, confesses that if
the provision OF the Federal Constitution
which he cites were applicable to States,
then Virginia could not pass any law i'm
pairing the obligation Of the contracts which
she has heretofore entered into with her
creditors. It is q sort of demurrer. 1t
acknowledges the debt, but denies that
Virginia is bound in law to pay it. 1t does
not claim that the debt was uniustly con-
tracted; nor that it has been paid;
nor that there is any good reason for
not paying it; but BADLY afirms that
it cannot be collected by law. Is this
a position in which Yirginians can take any
pride in placing their State Is this doc
trine which they can afford to Teach their
children I? II we are not able to pay our
debts, let Us say so; but let us not by reso-
luton declare that they cannot be collected
by law. il we do so, we shall confess more
than we are willing to contestant we
don't pay because we can't be made to pay.
We should by all means have vote IN
the Legislature in proportion to our Popu-
lation and the heavy taxes We pay.--LeeS-
burg WGshingt 0nidn.
Under such rule Richmond would be
entitled to twelve delegates and five sena-
tors.
Iche Southern Guide, aneillustra.ed quar-
terly, published in Washington city, seems
to promise to be useful toathe southern
people. We have the first No. from Messrs.
ELLYsoS & YANcEY.