Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
Judge Freemnn.s uninion.

My opinion on jurisdiction accoTds with
Justice Turney's, and | will not say anything
on that. As to the policy or wisdom Ct this
act we have no concern; l shut my eyes to
everything, and only consider what Is the
Law; the question of consequence TO political
parties we cannot consider. On the coupon
question he said: The court OF its own mo-
ton dismissed the bill, the only question is:
Can the chancellor on his own motion, with
out a demurrer or motion to dismiss, dismiss
the bill? Does the sufiiciency of the matter
of the bill enGtle the complainanrs motion on
the bill2 The action of the chancellor was
erroneous and ought to be reversed. The
defendants never asked to have the bill dis
missed, and the question ii not personal to
the chancellor. These steps belong TO the
State, the attorneys or representatives OF the
State. The language OF the statute excludes
such a course. No motion has been made TO
dismiss or plea or demurrer filed. We can
not treat the case as it ought to have been
done. We can only go by the record. l
think he had no power to raise the question
on his own motion. On the constitutional
question, however, he would say, can this
contract be made, admitting it to be in viO-
lation of the constitution, either expressly
or by plication? ] think the Judge has
the right and must act with freedom in
declaring the law unconstitutional, as
the legislature does to pass a law
that is constitutional. | think, under
his oath, he should so act. He represents
the sovereign will OF the people the same as
the legislature. That Judge ought to act
according to what is his duty and in his
sphere. 1t was passed, knowing that the
courts would act on it's validity. With the
party combinations that have gathered
around this measure / have no concern. If
it is in violation of the constitution, it must
go down, and l must say SO. To the consti-
tuition ali must bow. The constitution is the
charter; it is the organic law of the people,
made in a convention of the people and ac-
copied by the people. No power from with
out can exercise any influence over its organ
ism inconsistent with its principles.
The exercise of these principles Is
the life of The State, and anything con-
trary to it is the death of tie
State. That the legislature can control the
constitution, and it gives them the power to
destroy a thing that was ordained to live by
the will of the people. The power to impair
or weaken a free government is contradic-
ton. Whenever a constitution prescribes
certain law, nothing can be done contrary to
that by any power in the State. Nothing
that prevents perfect freedom in carrying out
the enactments OF the constitution can be
permitted The old bonds contain the SOL
emn pledge and honor of the State. These
new bonds make a contract. ! heartily
bonds, and think the State should maintain
her fair escutcheou in paying and unfolding
them. A new element, a new security, is
offered, and Of such a nature that they agree
to wait ninety-nine years and receive only one
half the rate of interest. 1t is on the same
State and people. The old contract has no
lien on the revenue No coercive power
exists. Ii the element Of coercion exists,
as it cannot be doubted, he can compel the
State to pay her debts. 1T gives TO
some creditors a means of getting their debts
paid which other creditors OF the State do
not possess. The contract is certainly IN the
nature of mortgage, and can be fsreclosed,
as the nature of mortgager and mortgage
exists. ii the tax-collector refuses 10 receive
il. then he can resort to the court to have
such mortgage, as it were, forseclosed, and
property of the State sold TO pay it, while
other Just creditors are left without rem
edy or payment until these bondholders are
paid Each legislature should assemble with
the same sovereign powers as it predecessor,
and any act of any previous legislature de-
priving them of this power is dcpriving the
people Of their freedom and in conflict with
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