The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-01-16
The Coupon Contract. AN Able Letter
from Judge R. W. Hughes Discussing
IFS COnstitutiOnalifv.

from Judge R. w. Hughes Discussing
its Constitutionality.
Several months ago, in conversation with
Judge r. w. Hughes, we understood him
to say that he did not approve the Funding
Bill. Since then different views have been
assigned to him, by some Of the newspapers
of the State, which classed him, in popul al
estimation, with the supporters OF that leg
lation. To reach correct conclusion and
verify our own impressions, the inquiry was
addressed to him whether he did or Gid not,
support the Funding Bill Act. To that in
quiry the following lucid and convincing
reply has been received, which we lay be-
fore our readers. To those who, like the
editors of the VIRGINIAN, do not believe in
the expediency or constitutionality of the
Funding Bill, the clear and conclusive arg,l.
ments Of Judge Hughes will be read with
pleasure. To others who regard the provis-
ions OF the Funding Bill as inexpedient and
oppressive, yet have had their doubts as to the
constitutional point, the reasons adduced
in the letter will furnish matter for prolita-
Bile reflection. We do not think that any
impartial reader can peruSe this letter with
out at once surrendering any doubts here
tofore entertained on the constitutional
phase of the question.
1t does not require any particular invoca
ton to insure the careful and studious read
ing, by the large circle Of intelligent pa
irons. of the VIRGINIAN, composed OF botl
political parties, of the views of gentle
man so well qualified to interest and instruct:
for any discussion OF an important and vital
public question from the pen Of Judge
Hughes must arrest attention and command
respect from all classes Of citizens.
THE LETTER.
NORFOLK, January G, 1879.
TO tie Editor Of the Virginian
Dear SIR You ask whether l am cor
rectly classed with the supporters Of the
Funding Act of 1871. | will answer with
as much frankness as emphasis:
Neither in its origin, nor at any period oil
its history, nor now, have approved, or do
approve Of that measure. 1 refer particu-
larly to that provision of the Act by which
the taxes of the State are appropriated for
thirty years in advance to the payment Of a
preferred class Of coupons, though their pay
ment shall defeat other obligations ranked by
the State Constitution as of equally high,
or Of higher, dignity. As early as the days
of Magma Chorta, and down through sue
ceeding centuries to the present time, nota-
bly, in their war with the Stuarts, the
English people have asserted the principle OF
the absolute power of each Parliament oyer
the revenues raised by taxation during its
own term of existence. That right of Par
lament has been fundamental canon of
the constitutional law OF England at all
times; and is a cardinal principle of our
American polity.
The right Of each legislature to control
the revenues of the State during the period
Of its service cannot, in my opinion, be
taken away either by prerogatiye, or con-
tract, or any other power or device, legisla-
tive, executive, Or judicial. The revenues
of State derived from taxation cannot be
entailed by any legislature. They are a
trust fund to be admin stored by each legis.
lature on its own responsibility to che peo-
pie. 1t is not competent for preceding
body to control succeeding one by any CO.
ercive pre-enactment Or in any other
manner to impeach its fidelity to the public
obligations.
The attempt of q legislature to obstruct
the power Of its successors over the reve-
nues for a single year, or for thirty years, in
advance, is, in my judgment, violently ultra
vires, and essentially null and void nor
can any action of such body, designed to
effect such purpose, be validated by any
court, whatever, in the land. No State, it is
true, has power by its legislature or other
organism, to impair the obligation Of con-
tracts which are legal and constitutional ;
but any stipulation of a legislature which it
has no constitutional power to make, and
which is in derogation of the equal constita.
tional powers of its successors, is not con-
tract, and does not bind its successors. The
other party to such a stipulation is bound to
know that such body acts ultra rires.
That legislature may ordain contract in
regard to other subjects, do not deny. But
DO deny that any one legislature can ''con-
tract" away the prerogatiye control Of sue
ceeding legislatures over the levylng OF
taxes and the appropriation Of revenues.
The power OF each legislature over the
two subjects OF tares and rerenues is
exclusive, absolute, sovereign, sacred
Whether such q stipulation shall be per
formed, is legislative, not q judicial ques-
ton. Each legislature is the sole judge for
itself of the obligation of carrying out
such stipulation. The legislature Of
Virginia is, virtually, the government of
Virginia; and its power would be destroyed
if that sacred canon OF constitutional liberty,
which gives to the immediate representative
legislature of the people the control of the
revenues it raises by the taxation which it
imposes upon them, were overthrown.
The coupon feature of the Funding Act
is repugnant to the cardinal doctrine ,on this
subject, which has been held by the constitu-
tional statesmen of England and America
since the principles of popular liberty have
had advocates, defenders, or martyrs, in
either country. Whether any legislature of
Virginia shall deem itself bound by it, is
only moral question for its own decision,
and not a legal question for the decision of
any court whatever. SO far from APPROX
ing the Funding Act, have always regard
ed it as the chief cause OF the financial en-
barrassments Of the State. The tax-gather-
ing coupon,-the cut-worm OF the revenues,
appropriating them each year to itself with
inpertinent disdain of legislative authority
is device of modern ingenuity to subject the
legislature, in the exercise of its highest
constitutional function, to the power of the
judiciary; and is at war with the cherished
English and American pr inciple of the mu-
tual independence OF the legislative, execu-
tive and judicial departments OF govern
ment. Any measure which brings these
jurisdict ions into conflict, and thrusts
court into real or colorado usurpatIon, is
in, fto 1ac