The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-01-16
Judge Hughes Letter

Judge Hughes Letter.
The terse, lucid and cogent letter of Judge
Ro. W. Hughes, published in this issue OF
the VIRaINIAN, discussing the constitution.
atty Of the Funding Bill, will command at
tention throughout Virginia. and beyond
the limits Of the State with those directly
interested in the question Calculated. Its
clear presentation of the unconstitutional
phase of the Funding Bill must carry con-
tiction to all impartial minds. 1t goes down
to the fundamental principle of Republican
institutions and the legislative perogatives
inherent in government of the people, by
the people, and for the people. In our po-
litical system, the Legislature is presumed
to be a representative body Of the people
to reflect their wishes, and to do nothing
that is inconsistent with the popular will
and interests. When the trust thus reposed
is abused, the right pertains with the con-
stituent body to correct any wrong inflicted
by electing another legislative body, with
direct reference to the reform demanded. It
is through the Legislature that the people
speak, and il it does not voice the popular
will, it betrays the confidence reposed in it,.
When this trust has been abused by
the enactment OF harmful laws, it is the
province of the people to yindicate their
rights by undoing the wrong and demand
Ing such legislation as COMFORTS with their
wishes. The Legislature is the mere servant
Of the people, and cannot transcend delegated
authority-cannot arbitrarily wrest from the
constituent body the control of their own
affairs nor impeach their sovereign power.
The Funding Bill was adopted in 1871,
when the Legislature which enacted the law
had not been elected with reference to that
subject, nor had the interests involved been
discussed before the people. 1t assumed to
take from the constituent body the control
Of the revenues of the State for thirty four
years, and by the subsequent construction
Of the Supreme Court practically annul the
Constitution of the State, in the provisions
therein made for the support and perfection
Of the public schools. In the election of the
following Legislature, the people rebuked
this assumption of legislative authority, in
the selection Representatives who repealed
the Funding act. The Court, however, de-
cided that to be an inviolable contract which
practically violated the fundamental law Of
the State, and Invested the people of the
control of their own affairs and the right to
say how much of their property they would
surrender for the purposes Of State. Upon
this point the broad principle interviewer
with and tiavoring the whole system OF re-
publican government, is so clearly stated by
Judge Hughes, as to carry conviction to all
impartial minds. "The attempt OF a Legis-
ture, J" be says, ''to obstruct the power OF
its successors over the revenues for single
year, or for thirty years, in advance, is, in
my judgment, violently ultra vires and es-
sentially null and void; nor can any action of
such body, designed to effect such a pur-
pose, be calidated by any court, avhaterer, in
the lond. No State, it is true, has power by
its legislature or other organism, to impair
the obligation of contracts, achich are legal
and constitutional; but any stipulation of a
legislature which it has no constitutional
poacer to make, and sohich IS in derogation of
the equal constitutional poacers Of its success
sors, IS NOT A CONTRACT, and does not bind
its successors. The other party to such stip-
ulation Is bound to know that such a body
acts ultra vares Whether such a stipulation
shall be performed is Legislature, not & ju-
dietal question. Each legislature is the sole
Judge for itself of the obligation of carry
Ing out such stipulation. The Legislature
Of Virginia is, virtually, the government of
Pirginaa and its power would be destroyed
il that sacred canon of constitutional liber-
ty, which gives to the immediate represen-
tative legislature of the people the control
OF the revenues it raises by the taxation
which it imposes upon them, were over
THROWN
These incisiye sentences clearly and con-
clusively demonstrate that there was no le-
gal or constitutional authority in the Legis-
lature which framed the Funding Bill to
make what is claimed to be the inviolable
coupon contract, abrogating legislative Pc
rogative and practically destroying State
government.
It thus becomes a moral question, as
Judge Hughes states, whether or not the as
sumed ''coupon contract" shall be perform
ed. To our mind the moral obligation can
claim no higher dignity than the legal pre-
tense. The Finding Bill enactment was
based upon false estimate of the taxable
resources Of the State, giving the amount
at over 500, 100000, when the assessment
which Immediately followed showed that it
did not reach over 1920, 900, 900. With $780,
100000 Of taxable values, it was assumed
in the Governors Message, sustaining the
Funding Bill, that SOC. on the 500 of real
and personal property would not only yield
sufficient revenue to pay the interest on the
obligations provided for in that law, and
meet all other expenses of government, but
it would leave a surplus of 100000, or
$4,000, in the Treasury. We all know
the result, and that is, that we are in default
each year nearly one million of dollars.
Here was deliberate deception, if not fraud,
Which, luuSb Ut CUIISlueTeu Ill COuneClIOu
with the moral phase of the question
1t is belieyed, il not in fact, kao,cn, that
bribery and corruption were largely instru-
mental in concentrating the foul wrong of
the Funding Bill, and that it carries no NOR
al sanction with it, and that there can be
possibly no moral obligation resting upon
the people to even respect legislation effected
as this was, and imposing burdens which
arc unjust, oppressive and paraiyzing.-
Neither can there be any moral obligation
to sustain legislation which violates the car
dinal law OF the State, land practically nulli-
fies one Of the most sacred provisions of the
Constitution-that which provides for the
moral and intellectual improvement and ell
ovation OF the children of the Common
wealth. There is no higher moral or politi-
cal Obligation resting upon people than
to support the Constitution which Sc
cures to them their rights Of life, liberty and