Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-09
CLAPP'S CLAMP
On the Reputation Ring. who have
Thrown Dirt at Every HOn0red
Name in Tennessee's History
and DETAINED Every Public
Man since 1859

Nashville american: 1.-The report made
by Judge Clapp, which we lay before our
readers this morning, Is an admirably COL
densed, clear-cut and thorough discussion of
the whole subject OF the State debt upon the
points submitted by the majority. By way
Of reply, 1t both negatives every position of
law and fact, and sets up affirmatiyely the
principles which govern the creation of all
public debts, and of this debt. An able law
yer, Judge Clapp discussed it not only as a
lawyer. but as statesman, using legal illus
tratlon briefly end polntedly. 1t is so clear
and simple IN style, and reads so like the
state papers of the good old times when men
went to fundamental principles and took
brave grounds and looked far ahead. that we
congratulate the State that a man is found
who neither fears to tell the truth nor
shrinks fro IL laying down the well settled
principles which govern civilized commune
ties. The report OF Judge Clapp is as can
did as 1T Is able and conclusive 1t declares
the law as 1t Is, frankly admitting all that
could be taken against his own position, and
then demonstrating his position We hope
that every citizen of Tennessee who values
his State and its reputation and its pros
perlty, will take first the majority report and
read 1t carefully, and then read Judge Clapp's
manly and fearles exposure. AS to his posi-
tons, they may be given In brief as: First
A reply to the charge that as to 81 ,27l 900
the State is, if liable at all, only secondarily
liable. He shows that these bonds were like
all others in legal contemplation primarily
and only the bonds of the State. Second
As to the charge that the bonds for war iu-
terest funded are void, he replies that
interest cannot be paid by citizens of
belligerent powers, because all payments
between the citizens of belligerents are void,
but that there is no rule of law which
exempts the belligerent from payment of in
terest. Third-As to the charge of voidness
of l. E
ton and lllegality of the government, he
shows that vested rights acquired would not
be invalidated were the charge proved, but
he insists that the proof fails to show more
than presumptive bribery and undue means
or to trace them to any member of the legis-
lature. He rightly and decently deprecates
the reference to the dead governor, Brown
low. and to other speculative transactions
which had nothing to do with the question
at issue. He shows up the absurdity of
the plea that the Brownlow government was
not State government by showing that it |
has been recognized as such by all depart |
ments OF the State government and that it |
would have teen rulnous to our own proper |
ty and social rights not to have recognized |
it. As to the fourth and fifth heads, that |
the provisions under which the bonds were |
issued were not complied with, and that the |
reference In the bonds to the acts under |
which they were issued was notice to the |
purchasers of bonds, he discusses them |
deliberately and conclusively, with abundant |
citations, showing the utter untenableness of |
the majority position. He also shows from
the history of the railway-sales law, that it |
was absolutely necessary as a wise measure
of economy and that there is no proof on
which to base the charges made. Judge |
Capp also advances a new and conclusive |
the State has already concluded |
itself by foreclosing the mortgage. He
rightly observes that it is an absurdity to
suppose mortgage foreclosed for a void
debt. The vague and shadowy nature of the
majority conclusions is shown in their, in
no place as to any particular bond, in making
their technical pleas, pointing out what spe-
cifc bonds are void or vodable. This calm
and complete answer to the vagaries and fall
Iacies of the majority cannot fail to convince
the pubic mind on which side lies truth, wise
policy and craftsmanship.