Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1879-04-17

ic questions. That brings the
powers of that committee into a
much narrower basis than / had
J supposed. ! don't suppose il
was intended that distinguished
gentlemen from these two bodies
should be selected to sit during
the recess of the Legislature, at
considerable expense to the State,
that their duties should be mar
rowed down to answering the in
tcITcgatcries which were pro-
pounded to them. 1t was APP
pointed and known as the State
Debt Investigating Committee.
I They should have examined it
in all It's bearings; obtained all
1.-THE law and facts that could en-
tighten the people as to what
their rights and Liabilities were.
In looking into the testimony af-
ter returning from my home, /
| discovered this, and / say this
! with all Difference to the COM
Imittee, if had been here could
have added nothing to the inge-
nuity with which my friend from
ESumner extracted from the Wit
nesses not only all they knew,
but a great deal more. The lar
ger proportion Of their testimo-
my is mere hearsay and rumor;
but none of the facts which were
brought to light were new or of
a startling character. Most Of
it was cumulated with no new
significance.
Mr.. Clapp then read from Vat
tel, showing the rules which ex-
listed among nations having re-
gard for their character and hon
or with reference to pecuniary
obligations; that if sovereign
power was SO unfortunate as to
be robbed by her own agents
and representatives, there is no
law or justice authorizing it to
visit their delinquencies upon the
head Of the creditor.
Mr.. Clapp here held up a can
celled Tennessee bond for one
thousand dollars, and proceeded
to read its title.
Mr.. Savage-Those are punch
ed bonds?
Mr.. Clapp-O, yes, they are
cancelled; nobody can steal
them, and | don't believe any
body would steal one.
Mr.. Savage-You won't find
a low tax man who would; I
don't know how it is with high
tax gentlemen.
| MIR. Clapp-Apd if the ideas
of the gentleman from Warren
were carried out, l don't know
that you could prosecute him for
felony, for he would be taking a
thing without value.
Returning to the bond, Mr..
Clapp said: Suppose We sit here
as court and jury, and a cred
itor comes in here and exhibits
this instrument as prima facie
evidence of a valid obligation,
the highest evidence that can be
presented, for it has the great
seal of the State attached to it.
Where, then, lies the burden of
proof? 1t is upon the defend
ant. 1t devolves upon him to
linvalidate the evidence of that
debt, and it must be done by
sworn testimony, and if he fail
in that, the court is bound to en-
ter up judgment. There would
be no room for consideration un-
less that solemn evidence of debt
is overcome by positive proof.
! What are the defences that are
relied upon to invalidate these
solemn obligations? The first is
/ that the State cannot make a
bond; that this piece of paper
was executed without authority,
and void. db initio. 1t is too
we'll attested by the adjudicators
of the civilized world whether a
State can bind herself by a con-
tract. We sit here day by day
and pass laws authorizing subor-
dinate divisions of the State, and
lprivate corporations over whom
we have control, to enter into
contracts; and did the world ev-
er hear of power being delegate d
that the power delegating did
not possess? Whoever heard ef
such a solecism? The power of
making a contract is essential to
the life of an individual or cor
poration. Without this power
all other powers conferred upon
lit amounts to nothing. All the
civilized governments Of the
world enter into treaties and con-
tracts. Yet we are told in this
nineteenth century that the Sem
ate is powerless to make a con-
tract. Mr.. Clapp then read va
lrious legal opinions. including
Miss. Rep. and 3 Humphreys.
!; Mr.. Sayage-What do you
/. read from.
Mr.. Clapp gave the authori-
ties, and said, when you can
masticate and digest these, ] can
: supply more if your appetite
Graves them. Referring again
IL ~ 1919