Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-19
Special to the Appeal

Special to the Appeal
NASHVILLE, March 18-Assistant Ser
geant- at. Arms Sparks was found, and is now
under the treatment of physicians.
HOuSe.-The senate bill to provide for the
enumeration of the male inhabitants twenty
one years old and over, passed third reading.
The following house bills passed third
reading: To prevent frauds in the sale of but
ter and cheese. For the relief of clerks of
inferior courts. To lessen the cost of criminal
prosecutions by requiring attorney generals
to set certain days for tie trial CT cases and
summon witnesses accordingly, and limit the
fees for tue attendance of witnesses to three
days. 10 amend the act to provide for the
sale of land for taxes by municipal corpora
tons. To define warehousemen and regulate
their duties. To regulate the summoning of
jurors.
The local option bill was rejected for want
of a constitutional majority-33 to q. 1t
lacked five votes of passing. The opposition
to the bill played shreWd dodge on the To-
cal optioDists. Under a preconcerted action
three members paired with absentees, while
others made it convenient to be away on the
calling of the roll. The local optionists
made concession by striking out wards and
districts, making the bill apply to coun-
ties alone, but lost strength by voting down
the amendment to strike out wine and beer.
An attempt was made to go into commit
tee of the whole to discuss the State debt,
but failed-31 to 80. 1t was urged that half
the members of the house were pregnant
with long winded speeches, and once loose
the remainder of the session would be con-
suned and no result reached. 1t Is believed
that the house will, instead, commence at
once and vote on the propositions submitted
until it reaches some conclusion.
An in
chamber, in which large number of ladies
and distinguished men were present. All
available room was occupied, and even the
gallery, rarely ever used, was thronged. The
people had come to listen to Senator Clapp's
powerful effort. He made a FIVE hours speech.
At times he was forcibly dramatic, and held
the crowd spell-bound from beginning to the
close. The speech had a wonderful effect on
the w-credit men, whose fallacious reason
ing he utterly demolished. The CALLED ladies'
WINGED. 1t was the event of the session.
Mr.. Grove expressed his surprise that SEN
ator Clapp should oppose the scaling OF the
State debt, when he had ably argued the in
Justice of the holders of Memphis bonds in
their demands on that community.
Mr.. Ciapp responded that we did believe,
and do believe, that under the decisions of
the supreme court a very considerable pro-
portion of the bonded debt of Memphis was
questionable, not to say invalid, and worth
only from twenty to thirty cents. But we
sought compromise with the bondholders
and begged them to take fifty. But they
were more relentless than that scourge which
swept away five thousand of our population.
We appealed then to this magnanimous
body, and we acknowledged with
gratitude the relief they furnished US.
But there is no mystery about this, no alb
struse question to determine, but a simple
question of law and fact. Does this State
owe bonds, to which her great seal is at
tached? If she does, what disposition does
she intend to make In regard to them? That
Is all. Does not this necessarily imply two
parties, who have rights and interests, who
should be represented and considered?
Where there is a debtor there must be a
creditor. If the debtor has his rights, the
creditor must have his. There never was a
contract where all the rigt is and liabilities
were on one side. Our creditors have been
held up to odium, and every offensive epithet
applied to them aud to those who dare to
stand here and assert that they have rights
which we, as honest and honorable men,
are bound to respect. You have here
upon your statute book law which
has been standing for years,
and up to this day, which requires the
guardians of minors and orphans to invest
the money belonging to those children in
bonds of your State. l shall do all | can to
bring about some settlement of this question
before we go none. 40 NOT Claim 10 nave
more courage than belongs to the average
man. l think l have enough to face any re-
sponsibility winch may fail upon me; but l
have not the courage to return to my con-
stituents AID tell them we have been here
more than three months spending their
money, discussing, arguing and wrangllng
over this question, and return to them
empty banded, as was done two years ago.
He then read certain proposed amendments
to the finance bill, among them one to sub
NIT the question to a sworn Judiciary. He
never had a right or claim that he was afraid
to submit to law and justice. An interested
party is always disqualified from serving as
judge IN his own cause. l am willing to
submit this question to the supreme court of
this State, and l have no doubt the bond
holders are willing to do the same. The
larger proportion of the testimony of the
witnesses before the investigating committee
is mere hearsay ard rumor, but none of the
facts which were brought to light were new
or of startling character. Most of it was
cumulated with no new significance. Mr..
Clapp here held up a Cancelled Tennessee
| bond for one thousand dollars, and proceeded
to read its title.
Mr., Savage-These are punched bondsP
Mr.. Clapp-Oh, yes; they are Cancelled; no
| body can steal them, and don't believe any
body would steal one.
MIR. Savage-You won't find a low-tax
man VINO WOulu. uOn Know now IL Is
with the high-tax gentlemen.
Mr.. Clapp-And If the ideas of the gentle
man from Warren were carried out, | dom
know that you could prosecute for felony, for
| he would be taking thing without value.
Returning to the bond question, Mr.. Clapp
| said: Suppose we were sitting here as a court
| and Jury, and the creditor comes IN here and
| exhibits this instrument as prinIa fdcie evil
dence of valid obligation-the highest evil
dence which can be presented, for it has the
| great seal of the State attached to it.
Where, then, lies the burden of the proof
| 1t is upon the defendant. 1t devolves upon
| HIM to invalldate the evidence of that debt
and it must be done by sworn testimony; anC
if he fail in that. the court Is bound to enter
| its judgn ent. There would be no room fol
consideration unless the solemn evidence o.
| the debt is overcome by positive proof. Wha
are the defenses that are relied upon to in
validate these obligations9 The first is, tina
the State cannot bond; that this piece of pa
per was executed without authority, and voiC
ab initio. 1t is too well attested by thu
administrations of the civilized world Il
question whether a State can bind her
after day, and pass laws authorizing
subordinate divisions of the State, and privat
CORPORATIONS over whom we have control, Il
enter into contracts And did the world eve
hear of power being delegated that tn
party delegating did not possessp WhoeVe
heard of such a soleclsm2 The power O
making a contract is essential to the lite o
an individual or corporation. Without thu
power all other power conferred upon !
amounts to nothing. All the civilized gov
ernments of the world enter into treaties an
! contracts; yet we are told in this nineteent