Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1879-01-29
Judge Hughes on The Funding Bhi-
HE HOLDS THE TAX-RECElNABLh-
COUPON FEATURE UNCONsTITUTIoN-
NORFOLK, January 6. 1879.

NORFOLK, january u lo'''
To the Editor Sfhe Stanton |~gin'an .
Dear Sir-You ask whether ! am cor
rectly classed with the supporters OF the
Funding act of 1871. 1 will answer
with as much frankness as emphasis:
Neither in its origin, nor at any perloC
Of its history, nor now, have approx
ed. or do I approve Of that measure.
refer particularly to that provision O
the act by which the taxes of the State
are appropriated for thirty years in adj
vance to the payment of a preferred
class of coupons, though their payment
shall defeat other obligations rankel by
the State Constitution as Of equally
high. or Of higher dignity. As early a;
The DAYS Of Magma Cha1td, and down
through succeeding centuries to the
present time, notably in their war Will
the Stuarts, the English people have
asserted the principle of the absolute
mower of each Parliament over the rev
enues raised by taxation during It's owl
term Of existence. That right of Par
lament has been a fundamental canoi
oftbe constitutiontonal law of England
at all times and as cardinal princi
pie OF our American policy.
The right of each Legislature to con
troll the revenues of the State during thu
period Of its service cannot, i'll my epin
ION, be taken away, either by prerosa
live. or contract, or any other power o.
device. legislative, executive, or judicial
The revenues Of a State derived iron
taxation cannot be entalled by an,
legislature. They aIe a trust fund It
be administered by each Legislature OIL
ITS own responsibility to the people. l
is not competent for preceding bod.
10 control a succeeding one by any co
ercive pre- enactment; or in any othe
manner to impeach its fidelity TO tn
public Obligations.
The attempt Of a Legislature to Oh
struct the power Of its successors owe
the revenues for single year, or 70
thirty years in advance, is in my judg
ment. violently ultra cires, and essen
tally null and VOID; nor can any actor
of such body, designed to effect sucl
q purpose, be validated by any cOur
whatever in the land. No Slate, it j
true, has power by its Legislature o
other organism, to impair the obligation
of contracts which are legal aad cOnsti
tutional but any stipulation of a Leg
islature which it has no constitutions
power to make, and which is IN deroga
ton Of the equal constitutional power
Of its successors, is not contract, az
does not bind its successors. The othe
party to such a stipulation is bound t
know that such body acts ultra rires
That a Legislature may ordain con
tract in regard to other subjects, | d
not deny, but l do deny that any on
Legislature can = contract" away tn
prerogative control of succeeding Leg
islatures ever the leyying Of taxes an
appropriation Of revenues. The powe
of each Legislature over the two SUB
iects Of tares and rerenueS Is exclusive
absolute. sovereign. sacred. Whethc
such stipulation shall be performed,
a legislative, not judicial question:
Each Legislature is the sole judge 70
itself of the obligation Of carrying gu
such 4 stipulation. The Legislature G
Virginia is. virtually. the Government
OF Virginia; and It's power would b
DESTROYED If that sacred canon of con
stitutioual liberty, which gives TO III
immediate representative Legislature G
the people the control Of the revenue
it raises by The taxation witch it impose
upon them. were overthrow.
The coupon feature Of the Fundin
act is repugnant to the cardinal doc
trine. on this subject. which has bee
he'd by the constitutional statesmen G
England and America, since the princi
pies Of popular liberty have held advo
Gates, defenders, or martyrs, in ethe
Icounty. Whether any Legislature Q
Virginia shall deem itself bound by it
is only a moral question for its own de
cision, and not legal question for tn
decision Of any court whatever. So IA
from approving the Funding act, l hav
always regarded it as the chef cause Q
the financial embarrassment Of the State
1.-THE tax-gatherng coupon, the cut
worm of the revenues, appropriatin
them each year to itself with impertl
nent disdain of legislative authority
device Of modern ingenuity to subjec
the Legislature, in the exercise Of it
highest constitutional function, to tn,
power Of the judiciary: and is at wa
with the cherished English and Ameri
can principle of the mutual independence
of the Legislative, Executive and judi
cial departments of Government. Any
measure which brings these jurisdictions
into conflict, aud thrusts court lnts
real or colorable usurpation, is Vicious
in the last degree.