The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1879-07-02
Az IMPENDING DANCER.
Nashville American.

danger to which this State may ex-
pose itself with more than his ordi :
nary clearness and ability He
starts out with the assertion that the
low tax men have carrisd their point
and the State credit Democrats and
Republicans have only come to that
groand, slowly, reluctantly, and then
only whenthey have become satisfied
that the proposed settlement 10 not
inconsistent with honor, nor so nee
essarily destructive of our own pros.
perity as they once believed. Find
ing tie creditors willing to accept
they are willing to aid, and cue.
cessful party in revolution, where
It has gained It's point, may we'll
pause and consider whether 1t is not
we'll to pause, whether II may not be
unwise after 1t has gained all it
asked, to puah on for more. We
will not speak of popular reaction,
but the danger. "a Col. Colyar
sketches it. ia real. The question
will be left open and what ability
aud convictions, obstinately held,
may do, the history of other States
similarly situated shows very clear.
~. The failure says to the world
they will not pay so cents and 4 per
cent. tits then an open question, all
or something less than all or
nothing. We cannot speak of the
attitude of any party or man or of
any newspaper in the future, but
we can say that there are men in
Tennessee who, if lacked boldness
in the past have never lacked for the
frmness of conviction. who will say,
while they do not desire or intend to
burden the people, The interests
and character of this State shall not
be destroyed" It Is easy to honor
ably and cheaply escape the danger
especially when these men have
yielded all that men can yield and
the low-tax men have gained all they
asked.
The great danger, however, is one
Col. Colyar presents for the first
time and with clearness and cogen~
cy and ftness his position, with au-
thority and precedent laid down by
best jurists in the palmiest days of
our high National Court, which are
convincing. The case of Osborn vs..
the United States, 738 9th Wheaton,
referred to by Col. Colyar, may we'll
excite the gravest apprehensions.
Chief Justice Marshall delivered the
opinion Of the Court, and the Lam
guage quoted by Col. Colyar seems
20 cover almost every case Of d cred
itor who has no other relief and may
reach the revenues of the State in
the hands of its officers or it's prop
erty anywhere. "As the State can
not be joined as a defendant, its
agent may be sued, and if he has
specific moneys and notes wrongful
ly taken, they may be ordered re-
turned. The prohibition to sue
State, contained in the 18th amend
meut to the Constitution, does not
extend to cases in which the State
is not made party on the record,
even if the State has the entire ul-
innate interest in the subject Of the
suit" This language in terms does
not perhaps include an action of
debt, but. in fact, it easily embraces
any case of money wrongfully with
held when due.
By a court which has shown a de-
sire TO lean toward creditors without
remedy, and which will, if it can,
compel defaulting States to pay
their debts, it is only a step,
if it is a step to go to
include all cases of debt. This |
is a danger which had better be
avoided than courted. 1t is one
which should be we'll considered. and |
we call attention 10 it because it is
set out by an able lawyer in a very
clear manner. We are only willing
to say of it now. without further ex-
animation, that it is a precedent
which leads logically to the danger
to, and that by a very slight
extension by court whose late his
tory is all in that direction.