The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1881-12-01
The Public Debt Question.

anu 'UlSI uTDcu ny lnC DOisCliSO va oSihd-
goguerv sometimes. possibly too at times
by the argument of perfectly just srllo-
gsm. the Virginia voter now hopes for a
rest on this question, which he has as nearly
as the political power vested IN the people can.
decided in opposition to the continuance OF
the Funding bill of 1871, as fair constitu-
tional enactment. This rest will not how
ever come till some wise legal act OF the
Legislature concludes it, and though tired
of the discussions from the hustings, it may
be satisfaction to the Virginia people to
know that the wisdom OF one OF the ablest
judges since the war, Judge Staples. and
one of the brightest ornaments of the legal
profession, William Green, have long ago
given affirmation to the unconstitutionality
of the funding act. and therefore an affir-
nation to some fair method Of correcting
the wrong done the people by the passage
OF such bill.
Judge Staples in the case OF Clarke. ex
parte Clarke was alleged TO be confined in
Jail under cdpids pro fine issued upon the
judgment Of the Hastings Court of the City
of Richmond for $40 fine, assessed by said
court and costs of prescott ion amounting
to some $22. Clarke rendered coupons in
payment (Which the City Sergeant refused
to amount of $50 and money to the amount
OF s22.05. and thereupon Clarke applied for
writ of hobeds corpus insisting on his
right to pay the fine assessed upon him in
coupon of bond of the State, and dis
missal thereupon from Imprisonment. In
dissenting from the major opinion OF the
Court allowing this petition, Judge Staples
thus WROTE
"This much may say in justice to myself II 1t Is
now 70 be regarded as settled law, that every de-
mand, debt and claim due the Commonwealth, Of
whatever character or classified tlon, the amount
OF one million and two hundred thousand dollars
may be paid IN these coupons; If the Legislature
under no circumstances has the power for the next
thirty years to diminish the rate of taxation, what
ever may be the necessities or condit of the peo
pe II 1T has surrendered all control over the pub
lie revenues to such an extent, and for such pc.
Rod, whatever may be the public exigency; If the
Legislature may thus pledge the revenues OF the
State beyond recall, then, indeed, has Government
abdicated its functions, and State stripped itself
OF one Of Its attributes OF Sovereignty"
ITO this but one answer has ever been given that
deserves the name of answer and that is that it is
the duty of the Legislature lay sufficient tax to
pay the creditor and carry on the Government. To
this answer; That however strong the obligation
the public debt may impose, there are periods in
the history of every State when no part of it or
ought to be paid when the State creditor, and the
individual CREDITOR must consent to wait at least
Tor season; and of such times, as they arise the
Legislature must be the judge. The amount Of
taxation the people can bear, the mode of imposing
and collecting 1t, is political question to be de-
termined not by the courts, but by the representa-
tives of the people, from time to time, the public
exigences may require. This is the essential prin-
clple of the Government under which we live, State
and Federal. In the language of the Supreme
Court Of the United States, Legislative body can
| not part with Its powers by any proceedings
not to be able to continue the exercise Of them 1t
cannot abridgeits own legislative power by making
permanent and ndissoluble contracts in reference
to matters of public interest,"
81 agree that the Funding Act is broad enough to
include fines imposed for the violation of the laws
and for that gerry reason thought, and still think,
vQlatiye of seventh SECTION the eighth
article of the Constitution Of Virginia. That section
declares the General Assembly shall set apart as
permanent and perpetual literary fund.- the present
literary funds OF the State the proceeds of all pub
lie lands donated by Congress for public school pur
poses, of all escheated property of all waste and
Incorporated lands Of all fines accrung to the
State by forfeiture of all fines collected for offences
committed against the State and such other levtes
as the General Assembly may apply thereto No
Intelligent man VIII maintain that 1t Is competent
for the Legislature, BY any contract to divert this
fund from its specific object as prescribed by the
constitution. Take for EXAMPLE the proceeds of
| the public lands dedicated by Congress to school
purposes II the lands, when sold by the State may
be paid for in coupons, the proceeds set apart
for the objects designated In the constitution
Take the fine in this case. If the petitioner may
pay ii in coupons any other person upon whom a
fine is imposed may do likewise? Are not such
fines in effect for all practical purposes appro-
priated to the payment of the public debt ? can
see no qfHefsnce between law which applies them
directly to the payment OF the interest ON the pub
lie debt, and law which authorizes them to be
paid in coupons. The answer again is, that the
Legislature must increase the taxes, and supply
the deficiency from other sources. But the ques-
ton still arises, can Legislature divert fund
from the purposes Of the trust under the constitu
ton, and justify its action by relying upon another
source to meet the objects Of the trust ?"
''The main design OF the provision of the constt-
tuition was to create fund beyond the reach of the
Legislature ana in no wise deaendanE upon its
neglect and failure of duty. 1t is very true that the
fines have heretofore been paid into the treasury,
In common with other public dues, and 30 long as
the whole was paid in money no Inconvenience or
Injustice could arise; but now the question as
sumes an entirely different aspect for If the Legis-
lature shall pass an act directing that the fines
shall be paid In money, and the money thus paid
shall be set apart for school purposes, under the
ruling of the court, the would be constitutional
because the Funding bill declares that all public
dues may le paid l4 coupons. The result is that
one Legislature may, by an agreement with the
CREDITOR appropriate to his claim fund set apart
by the constitution irrevooahly for another pur-
pose, and If succeeding Legislatures fail to supply
other means to meet the deficiency, there is no
remedy fora palpable violation Of that instrument
ood faith is essential in States as we'll as In In
dviduals; neither can be just permanently pros
porous without it. Upon that subject, my own
voice, feeble as it Is, have any uncertain
sound. But, however potent al may be the obliga-
lions of good faith they cam OF justify the Legsla
tqre in surrendering one the essential attributes
of State Sovereignty in utting upon Its statute
books, under the form OF contract, law which VIC
lates the plain letter Of the constitution.
Believing that the Funding Bill is justly obnox-
ious to these objections never give 1T my
ton as Judge of this court"
And William Green thus wrote in CRITICS.
ing the same case, where he agreed with
Judge Staples
Now the dispute is not about appropriations to be
made by the legislature for the Schools about
taxes TO he Hqid for the support Of them; though
sonnet hing might even then he said in correction Of
which have been set apart for the literary fund,
whose profits only shall be used towards maintain
ing the schools. And these, when collected In |
money, may be kept sufficiently distinct with very
little trouble If 1t Is understood that the collect
Ing officers must receive them In cash whether me-
tallic or paperl then, when their set
lied, 1t is eisily kn9wl now much money they must
pay, by reason of such receipts, and this may be |
paid in ann good money; which needs only to be
In the repositories OF the Commonwealth,
to the credit of her Literary Fund.- IT, on the other
hand they be collected in coupons, and the legisla-
tut is to make amends by approprating out of the
ysnsral treasury of the State like amount to
The Literary F4Qq, then that fund may not be so
safe as 1t Otherwise would To, beGapse the legis-
ature's appropriation might avail no lRrs than the
majestic donation of Swft's pauper lunatic:
ssHere take my tally for ten thousand pound"
For the reasons which have now been limited, 1t
seems TO me thai the court has erred in It's decision
lbOut ma fnsa