The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1880-03-31
COL. COLYAR ON THE STATE DEBT.
COMPULSORY PAYMENT.
The Issue the People of Tonnes
see must Meet at Last-A Law
yer to Lawyers on the Legal
Aspect of the State Dept.
NASHVILLE, March %, 1880.

NASHVILLE, March %, 1880.
Through your paper propose to ad
dress the legal profession in Tennessee
in reference to the legal aspect of on
State debt.
The great body of our people mus
necessarily look to the legal profession
for information on this subject.
The 18th amendment to the COnstitu-
ton is supposed to be complete protec
ton against all legal liability, and the
people have felt secure in this belief.
The writer has come to the conclusion
that, so far as Tennessee is concerned
the people are going to realize at no dis
tant day that legal coercion, in the pay
ment of interest on the public debt; is a
fixed fact; and believing under all the
circumstances, that the profession can't
afford TO be silent on so grave and me-
mentous an issue, he proposes to bring
to its consideration and ask an inter
change of views, so that the people, who
will have to meet the demand that judi
cial determination may make, will act
intelligently when they do act.
Certain politicians claim, first, that
we do not owe any debt, aud, secondly,
that if we do, there is no power that can
make us pay it, as the State cannot be
sued. A controversy with these gentle
men is not the object of this paper. The
object is to invite the legal profession to
a consideration of the question, so that
the people may decide between an un-
biased legal opinion and political haran
CUES.
If the legal profession over the State,
without regard to party, shall agree with
the writer that, under our own legisla-
ton, we are going, IN tie courts, to be
made pay the interest on our public
debt, then ask the profession to say so
to the people, and let the responsibility
of waiting for the evil day to cone fall
upon the people with full warming
In the midst of a canvass last year, the
question which propose now to discuss
was incidentally presented, but sttested
truth in a political canvass is generally
considered in partisan sense. There
fore, when the people are calm, and, es-
pecially the legal profession, are free
from all excitement. / propose to invite
discussion to this question; that, unless
our public debt is settled by compromise
and we commence paying interest, we
will by legal coercion be made to pro-
vide for the entire interest.
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 holders of our bonds have
under a law allowing the State to be
sued, in force, at the time the bonds
entered into By the State in q most formal
In 1872, Gov. John G. Brown, as a
candidate for Governor, canvassed the
State, and, after discussing general poll
tics, made but one question of State
policy, at least, there was one question
on which he made his canvass and which
he discussed every day-that WAS the
question of funding the State debt On
this issue Gov. Brown and Legislature
we're elected, and the debt was funded.
The writer, as private citizen, was OPP.
posed to the bill funding the debt, but
having voted for Gov. Brown k7oOaOi1ag
6aS Use1oS, and knowing that the Demo
cratic party ordered it done by electing
Gov. Brown upon full notice, the writer,
rs a gentleman, is bound by what was
done But to the legal question. A
part of the public debt had fallen due,
and upon the whole debt interest had
which the State was not
able to pay. The State desired an erte,1-
ION of forty years, which the creditors
to, on condition Of some guar
lntee that there should not again occur
/ like default. And hence in the act
'unding the debt is the following (3d)
section:
"That the faith, honor and credit of
he State of Tennessee is hereby pledged
or the payment of said bonds at maturi-
y, and for providing a sinking fund for
hat purpose and for the prompt pay
nent of interest on said bonds, as we'll
Is the interest on the registered bonds
hereinafter provided for, commencing
With the interest to fall due the first day
If July, 1874. And it is hereby made
he duty of the Treasurer to set apart for
hat erclaGstOe purpose SO much of the rev.
.nues as may be necessary to pay the
interest," on said bonds, commencing
With the interest that falls due on the
irst day of July, 1874"
The first question for the profession
o consider is, does this section make a
ontract between the State of Tennessee
nd the holders of our bOndsP
Addressing myself to legal minds, who
TIL regard the State government as a
representatives. government, the people
icing bound by the acts of their represera-
GtsUes, in getting an extension, as we'll
g in making a public debt, submit |
whether this third section of the funding
ct is contract.
l desire, if possible, to obtain an ex-
ressiOn from legal gentlemen in all |
ARTS of the State and from all parties, is
his contract Many people do not
have not the means of know
ng, they have no libraries and they
ave no time to examine questions. They |
re told that Legislatures make Laacs fer
he people, and they have no more pow
r than wolves to make contracts, hence !
he importance of the legal profession
peaking out. The question is, what
viii the courts do? Will the courts treat
his as a contract, binding on the people?
IRE the people bound by solemn contract
4 al, .