The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-02-24
mr.. IIcDry's Reply to yr. pau, Or
Saturdny.


to reply to Senator Paul.
Mr.. Henry said: Dir. President, bad not
expected to reply to the remarks Of the
Senator (Mr. Paul. as the time allowed for
discussion OF tbi. bill expired aud there
fore have made no notes.
Tne senator claims that as 10 interest on
debts during wars States stand as indIvidu-
aIs. III | were TO allow that he Is correct |
would ask whether he ever found q case
where an individual was relieved from in
terest during war when he owed il toa cti-
zen OF the same State rs himself. Did
he ever hear OF relief from interest
due citizens OF a country against which no
war was waged? Never Under the Sem
atOr's views we could get relief OF interest
only from citizen, OF the United States
holding our bonds. a large number OF our
securities were held in Europe by people
with whom we were not at war. Many OF
them were in sympathy with us and wished
us Godspeed. We would be, therefore,
bound TO pay Virginia and foreign bond
holders. We could get rid OF interest due
northern holders. Now much is that? Can
the Senator tell a? All the arithmetics OF the
Readjusters could not solve that question.
Laughter.
But the Senator is entirely mistaken in
saving hat States and individuals stand on
the same footing. Here is the rule rs found
in IIallecx on international Law, an Ameri-
can authority published in 1861. At pages
5000 the author says: "Mr PhilimOre
(ihe celebrated writer on the Laws OF Ma
tions), while admitting that private debts
may be conGscated strict jure-although
modern custom is opposed TO the exercise
OF the right-says that the opinion Of Vat
tel, EmcrigOn, and Martens against the law
ii finn fln
State TO enemy's subjects now may happily
be said 10 have no gainsayers." Wildman
SAYS: 1t will not be easy t. find an in
stance where a prince has thought tit 10
make reprisals upon a debt due from
kings t. private men; there is con-
fdence that this will not be done. y
private man lends money to prince upon
the faith Of an engagement OF honor, be-
cau~e he cannot be compelled, Ike other
men in ali adverse way, in court OF JUS
tice. 80 scrupulou>ly did England, France,
and Spain adhere TO this public faith, that
during the war they suffered no inquiry to
be made whether any part OF the public
debts was due to subjects OF the enemy,
though it Is certain many English had
money in the French funds, and many
Frencn had money in ours" And Chan
cellOr Kent says: "The right OF State to
contscate debts due to the enemy is contra
ry TO universal practice, and ii may, there
fore, well be considered as Il naked and i'm
polite right, condemned by the enlightened
conscience OF modern times
That is international law. IL has been de-
cided over and over by the Supreme Court
OF the United States that we did not stand
in the attitude OF b1lligcrent nations; that
the Union was not dissolved by our acts OF
secession; that 40 Cvoro stat0s during the
whole time. They would not allow any
such doctrine as advanced by the senator
10 relieve us.
mir. Paul said our own court had decided
to the cOntrary.l
Mr.. Henry: Our courts decided that pri-
ya,e debts due TO northern men were re-
lieyed OF interest during the war. The rule
is different between men and States. States
90 into the contest voluntarily. lndiyidu-
ais may be forced by their governments.
states stand upon their honor. The law
makes men comply with their contracts.
lRiddlebcrger mentioned the case OF
Charleston as. Murray.
Mr. Henry: The United States Supreme
Court there decided that the states OF this
Union a. to contracts were in no better
condition than an individual. They did not
decide that State could not be bound for
interest during the war. The case don't
aDDIV here. That decision says this state Is
10 more 4 sovereign aS TO the power to I'M
pair her contracts than the Senator from
Shenandoah j., AMI therefore | thank the
Senator for reminding me OF it. 1t Is Il
smother II his bill.
In the Tennessee case it was decided that
the remedy given was equivalent 10 the
remedy taken away. This touches but part
OF this bin. The most important part OF
the bill is that prohibiting the receipt by
our tax-gatherers OF our coupons. TennCs-
see by State Constitution attempted Ike
thing, and the same Court, III keetn US.
Clark, a subsequent case, decided the at
tempt void.
The senator from Rockingham is a
,, LAWYER, and has had experience as lcgis-
lator. | ask him il he means to let 1t 20
forth that decision OF the Supreme Court
of the United States on the United state,
, Constitution is not binding on him!
, fMr. Paul said he took oath to support
: the Constitution. not the decision OF the
= several courts of the United Slates.l
q Mr.. Henry: If the Senator will listen he
! will learn nv position. ! stated that the
+ decision Of the Supreme Court upon the
! Constitution OF the United States is a part
a OF tie Constitution, but not thc decisions OF
. inferior courts.
a Dir. Paul: What about divided court
llr. Henry: When there is what is called
q "diyided court" there is no decision
. There is no divided court when there IS 4
minority and majority voice. Then the
= majority make the decision, which is law.
The decisions OF the highest conrt upon
the Constitution are part OF that instru
ment. No man who does not claim TO be
d Governed by the "higher law can main
l. tain such doctrine as advanced here by th'
t Senator.
$ Asio the thirteenth section, giyinga lien oi
=. the revenues, thank the gentleman Tor bi
0 compliment to nay speech as the best re
J. adjusment speech he ever heard. get 81
: few compliments from that side shall trea
{ sure II up.
b I said the section went back on the plat
a form OF the dominant party. never 500
q on their platform. | claim that one Legs
i Iature has right 10 bind future Leglsl;
J, ture. II nat is the decision OF the hlShe'
!. court. am bound to obey that decision.
II In the case OF Burroughs Us. Peyton, u
decbjion declared that in time OF war ever
e citizen owes the State military service. ~.
u [Mr. Paul said IN that case the plaihti
lad put in substitute, and then was p'
in himself.]
Mr.. Henry: The only question decide
NJ then was that, though he put in subsl
7 tute. be was not relieved from military sc
3 vice. for the substitute himself might ma
d. been demanded for service. 1t was deciu'
IL also on this further ground that congress h'
e. no right TO exempt citizen from sefVi
| 4. ha tNff