The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1880-01-15
REMEDIES FOR REPUDIA-
TION.
will States Ever be Compelled
to Pay their Debtsf
New York tribune.

10 Fay tneff DeDtss
New York tribune.
1t may be doubted whether the dew
ice of certain citizens of New Hemp
shire who hold repudiated bonds Of
Southern States to enforce the pay
ment of the same will be successful.
They have transferred their bonds 10
the State and New Hampshire will
sue the defaulting States il the Fede-
raj courts. The right of one State to
bring suit against anOtner Is made
perfectly clear by the terms of the
Constitution, which declares that the
jurisdiction of the judicial power OF
the National Government shall extend
to controversies between States.
The courts NAV hold, however, tina,
the transfer of the bonds was a mani
fest effort TO evade the provisions at
the eleventh amendment to the Com
stitution and cannot, therefore, be
treated as a valid transaction. The
eleventh amendment stands squarely
in the way Of suits being brought
against u State. Indeed it was adopt
ed for the express purpose of prevent
ing the beginning Of such suits and OF
dismissing those already pending at
the time Of its adoption. The history
of that amendment is interesting TO
recall now tina: SO many of the late
rebel States have refused to pay their
lust debts. Soon after the adoption
of the Constitution MANY suits were
brought in the federal courts to enforce
the payment Of debts contracted by
States during the revolutionary war.
A test case, that of Chisholm vs. Geor>
gia, was carried up to the Supreme
Court. A majority of the court held
that the judicial power under the Con-
stitution applied equally to suits
brought by and againsta State. Inns
decision, says Story in his cOmmenta-
lies, created general alarm among the
States. Undoubtedly it was felt that
the theory of State sovereignty had re-
ceived dangerous wound. People
VINO were not adheren.s To that theory
feared that the States would be sub
iect to great annoyance and expense
To defend themselves in countless Ju-
dicial processes. An amendment to
the Constitution was Immediately pro-
posed and ratified, by which the pow
er of individuals to sue State was en-
tirely taken away. IL is in the follow
ing language; '"Tbe judicial power Of
the United States shall not be con-
strued to extend to any suit in law. or
equity commenced or prosecuted
against one of the United States by
citizens OF another State or by citizens
or subjects of any foreign State. This
amendm ent applied to all suits then
pending, land they were forthwith dis
missed.
In view Of recent experience it may
be doubted whether the eleventh
amendment was altogether wise. Ger
tainly no such sweeping provision t"
protect the dishonesty Of State under
the :shield.of sovereignty could now
he adopted if the question were open
anew. for, settlement. Consideration
of public policy may require that
State shall not he subject to prosecu-
erution by every person residing with
out her borders who holds or pretends
10 hold a claim against her; buta ust
! -pubi,c p1iicy Is Ia no way subssrveu
t,y relieving a State from the pay.
lnent Of her bonded debt, contracted
under all tEeo sanctions of law and
with the fullest pledge of her good
faith, whenever the Legislature Is SO
detclrpl IN honesty as - refuse to
meet the ohligatiODxs "a ,s,a
The tine is nut far distant when a
strong public opinion will demand the
nlo.iius.aliea III tle eleventh IA nlelld,
meIIt. fo-sITcI IN extent at iestst as ~
I ia,ell the United States Curts to suits
against States which are III Default is'
The avment of their bonded lndebt,,
,,dne.s. We know there would bsaa
difficulties in the way Of enforcing z
,iudgment against u StaSe, but there L
nn, elwagh left of the hctpn OF State.
sovereignty since the war % make such
alnie,n.qes nsd peiaGB&ti As eorpol a.
ton that refuses to pay Its debts Is noI
aIlo.roi =" "nntrrl property or to man.
age its affairs a municipality fares,
l,o better. Ihe cily vi -lvnPhls was~
,,r,,r,i,..iIy nut In the hands of Il re-y
ceiver BY the Judgment Of. the Federal
Court. Il may he that the time maal
come when the people, who have the
power TO make and unmake conslitu>
tions, will insist that dishonest Stated
shall he treated like dishonest corPor 4
ations and municipalities, So.
. L ll-- 3 -----l : 10 100 49, 81
Getting Even with a Railroad.