Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1880-04-03
COMPULSORY PAYMENT.
The Issue the People OF Tennessee
Must Meet at Last.


COMPULSORY PAYMENT.
The Issue the People OF Tennesse,
Must Meet at Last.
To the American.
NAsHvILLE, March %, $780,
Through your paper / propose to
address the legal profession In Ten.
nessee in reference to theIe9I aspecI
of our State debt. .9f .ta ...
The great body ofour people must
necessarily look TO the legal profes-
sion for information on this subject
The lIth amendment to the Con
stitutiOn is supposed to be a com
plete protection against all legal
liability, and the people have felt
secure in this belief. GU hHh 3dht
The writer has come to the con-
clusiOn that, so far as Tennessee is
concerned, the people are going 10
realize at no distant day that legal
coercion, in the payment of interest
on the public debt, is fixed fact;
and believing, under all the circum-
stances, that the profession can't af-
ford to be silent on so grave and
momentous an issue, he proposes to
bring the attention of the profession
directly to It's consideration and ask
an interchange of views, SO that the
people, who will have to meet the
demand judicial determination
may make, will act intelligently
when they do act. 1m
Certain politicians claim, first,
that we do not owe any debt, and,
secondly, that if we do, there is no
power that can make us pay it, as
the State cannot be sued. A con-
trOversy with these gentlemen is
not the object of this paper. The OBJ
ject is to invite the legal profession
to a consideration of the question, so
that the people may decide between
an unbiased legal opinion and poll
tical harangues.
If the legal profession over the
State, without regard to party, shall
agree with the writer that, under
! our own legislation, we are going,
IN The courts, to be made pay the in
| terest on our public debt, then ask
the profession to say so to the peo-
pie, and let the responsibility OF
Waiting for the evil day to come fall
upon the people with full warning.
In the midst of a canvass last
year, the question which propose
now to discuss was incidentally pre-
sented, but attested truth in a po-
liticaI canvass is generally consider
ed in a partisan sense. Therefore,
when the people are calm, and, es-
pecially the legal profession, are free
from all excitement, propose to in
vite discussion to this question:;
that, unless our public debt is settled
by compromise, and we commence
paying interest, we will by legal CO.
erciOn be made to provide for the
entire interest. A
This comes, not from the right of
one State acting as trustee for its
citizens, to sue another State in the
Supreme Court of the United States,
nor from any rights which the hold
ers of our bonds have under law
allowing the State to be sued, in
force, at the time the bonds were is
sued, but under O. solemn contract en-
tered into by the State in q most form
nj manner. I fHf l1e
In 1872, Gov. John G. Brown, as
a candidate for Governor, canvass
ed the State, and, after discussing
general politics, made but one ques-
tiOn of State policy, at least, there
was one question on which he made
his canvass aud which he discussed
every day-that was the question Of
funding The State debt. On this is
sue Gov. Brown and Legislature
were elected, and the debt was
funded. The writer, as a private
citizen, was opposed to the bill fund
ing the debt, but having voted for
Gov. Brown knOlCing his CieicS, and
knowing that the Democratic party
ordered it done by electing Gov.
Brown upon full notice, the writer,
as a gentleman, IS bound by what
was done. But to the legal ques-
tion. A part of the public debt had
fallen due, and upon the whole debt
interest had accumulated which the
State was not able to pay. The
State desired an extension of forty
years, which the creditors consent
ed to, on condition Ofsome guarantee
that there should not again occur
like default. And hence in the act
funding the debt is the following
I
(3d) section:
"That the faith, honor and credit
of the State Of Tennessee is hereby
pledged for the payment of said
bonds at maturity, and for prOvid-
ing sinking fund for that purpose
and for the prompt payment of in
| terest on said bonds, as well as the
/ interest on the registered bonds
hereinafter provided for, commence
ing with the interest to fall due the
first day of July, 1874. And it is
hereby made the duty of the Treasur-
er to set apart for that e.rctttsiCe par
pose so much of the revenues as
may be necessary to pay the inter-
est on said bonds, commencing
| with theInterest that fallsd on the
first day of July, 1874"
The first question for the profess
sion to consider is, does this section
make contract between the State
of Tennessee and the holders of our
| bonds?
Addressing myselfto legal minds,
| who still regard the State govern
ment as a reDresentdtiUe government,
the people being bound by the acts
of their representatives, in getting an
4 extension, as well as in making a
public debt, submit whether this
| third section of the funding act Is a
| contract.
] desire, If possible, TO obtain an
expression from legal gentlemen in
all parts OF the State and from all
parties, is this a contract. Many
people do not know-they have not
/ the means Of knowing, they have
no libraries and they have no time
| to examine questions. They are
told that Legislatures make taics
for the people, and they have no
more power than wolves to make
contracts, hence the importance Of