The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1882-02-22

clplcS Is Tue lie VI rthC Oeos~'
thing contrary to il is the death Of tue
State. That the Legislature can control
the constitution, it gives them the pow
er 90 destroy thing that was ordained
20 live by the will of the people. Inc
mower 10 impair weaken free gov
eminent is a contradiction. whenever
a constitution prescribes a certain law
nothing can be done contrary TO ina Oy
any power ia the State. Nothing that
prevents perfect freedom in carrying
ont the enactments Of the constitution !
can be permitted. The old bonds con-
Tain the solemn pledge and honor OIL the |
State; these new bonds make contract |
I heartily am in favor OF the sentiments
in The old bonds aud think the State |
should maintain her fair escutcheon In
paying and unfolding them. 4 new
element, a new security and OF such
nature that they agree TO wait ninety
years, and only one half the interest. Al
is on the same State and people. The
old contract has no lien on the revenue.
No coercive power exists. .ttI
If the element Of coercion exists, as 1t
cannot be doubted, he can compel the
State to pay her debts. 1t gives to some
creditors means of getting their debts
paid which other creditors OF the State
do not possess. The contract is certain
ly in the nature OF a mortgage, and can
be foreclosed as the nature of mortgag-
er and mortgage exists. II the tax coll
lector refuses TO receive it, then he can
resort to the court to have such mort
gage, as it were, foreclosed and the pre-
perty of the State sold TO pay 1t, while
other Just creditors are left without
remedy or payment until these bona
holders are paid.
Each Legislature should assemO' e
with the same sovereign powers as Its
predecessor, and any ac5 Of any preVl-
Gus Legislature deprivi them of this
power, is depriving the people Of their
freedom and IN conflict with the cousti-
tuition.
Here Justice Freeman delivers an
elaborate argument of his views, aud
upoD which he based his conclusions In
regard to this peint of the coupon fea-
ture being unconstitutional
He says can never consent that =
Legislature shall destroy that power
that gives vitality 10 the institutions of
a free government. The contract gives
the compulsory power over the Legis-
lsture.
The officer OF the State must go IN
paid. Tee government cannot be car
ried on until the coupons are pail. We
think il is with the option Of the peo-
pie as to whether they should be thu'
bound, which was not done in this case.
l do not agree with my colleague ca
the bribery question, as l think there is
no constitutional irtimation, either ex-
pressed or implied, preventing them
from investigating the motives Of the
Legislature in regard to laws making a
contract but as to general legislation
do not think the courts can inquire.
JUDGE M'FARLAND
We only have 20 respond to the legal
question and 1 end Favored to consider
il in legal spirit. After stating the
facts decided, he says abe question is
can the courts take jurisdiction Of the
question 1 am satisfied they cannot.
We, as the judiciary, have no right to
say the Legislature exercised improper
influences in passing the act. The
remedy where the law has been impro-
perly obtained is to repeal it by future
legislation. There are three distinct
aud coordinate departments-the Leg
islative Executive and Judiciary. Ii
we have the RICH to inquire into the
motives of the Legislature, then the
Legislature has a right to inquire into
| our motives. 1t is said that in contract
ing she lays aside her sovereignty, but
Think there is mistake and that the
State does not lay aside her sovereignty
in order to have it construed by the
courts.
tits a question for the future LegIsla-
ture as to whether they will recognize
| this act.
They can repeal it, 1 think.
As to the constitutionality of the act
he says: The result would be that fu
ture Legislature would have to levy 6
tax for the payment of the coupons
The question is, not that the couponI
shall not be receivable for taxes, but a
to whether they can stipulate in thu
contract that the law shall not be re-
peSled.
The legislative power is limited /,
the two years to which they are elected
One generation cannot legislate for III,
next.
The State can contract to pay he
debts, aud pledge the honor and faitl
of the Sta in the payment of the debt
The State is sovereign, and no sucl
power can or ought to exist. The Fed
eral Courts will take jurisdiction 4
compel the State to execute its con
tracts.
The State itself being sovereign ma,
repeal the act, and the mere fact tina
she mas entered into the contract will
NO; prevent her from repeating. If tn
future Legislature should be of tn
opinion that it is unjust, they can re
peal it. But when the Federal Cour
was invoked they would not consider a
to whether the contract :was obtained
by fraud; and the state will be enforced
to pay it. The right of The State thel
follows to assert its right and maintain
its government. And the stipulation
that the act should not be repealed, il
law destroys rhe-whole contract. Ju
risdiction is vested in the Federal Court
and their decision is the law il TIE case
The courts ought to sustain the Legisla
4 fure IL noSSible / do not know Whe