Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-02-21

| l. diLADELfd1A3 l. CDI udA J ~os A>S~
237 and 239 North Water street, oc-
cupied by Berg & Meyer Bros. as q
rag warehouse, R. FL. Parker. sail
loft, and Albion Print Works as
warehouse was burned to-day, and
John Meyer, foreman Of the rag
warehouse, was burned to death.
The loss aggregates $3.50, 1000.
| COLLO0UY
Between a Learned Judge of the Supreme
Court and an Obtuse Citizen.
L. I'VE have decided that the Legisla-
ture has no power to make the coupons OF
the bonds of the State receivable for taxes,
for the reason that our constitution does not
permit the Legislature to make contracts
which shall bind the State beyond the term
of such Legislature, or to enact any law
which a subsequent Legislature cannot
repeal.
o. C.-What particular section or clause
| of the constitution thus limits the power
of the Legislature
| L. There is no particular part of the
constitution which by its terms imposes
such limitation, but I have no doubt that
if the convention had thought of it they
would have placed such limitation in the con
stitution; and we hold that such power i'll
the Legislature would be dangerous, or
might be unwisely used and thereby pro-
duce great injury to the State.
o. C.-But has not our Supreme Court
often said ''that the Legislature has unlim-
tied po wer of legislation, except SO far as it
is restrained by the constitution of the
State, or of the United States; that it is in
trusted with the general authority to make
laws at discretion; and that they who insist
point out the specific provision of the con-
stitution which is violated?"
L. J.-That is true, but these coupons
would absorb annually $500, 900 of the taxes
of the State and it might happen that at
some future time, fifty or seventy years
hence, if war, or some epidemic or year of
bad harvests should affliet the
State, the State might not
collect money enough from its taxes to sup
port the State government, and great evil
and confusion would result. The Legisla-
ture has power to enact wise laws, but it is
contrary to the Constitution to enact unwise
ones, and the Supreme Court sits to de-
termine whether the laws passed are wise
enough to be valid and constitutional
o. C.-Exactly. But on this question of
the wisdom of the acts, may you not be
mistaken In case of such emergencies as
you suggest might happen in the future,
might it not happen that the State might
need money to preserve its very existence,
and be compelled to go into the markets of
the world to borrow it, and might find that
the only way to sell its bonds and raise
money, would be to make the bonds ac-
ceptable to those having money to lend, by
some such provision in regard to its
coupons as are made by the present statute.
Did not the United States find it necessary
to make a similar provision in regard to its
issues of greenbacks during the late war
and in holding that the Legislature is without
the power to make such contract with the
purchasers of State bonds, may it not some
time be found that you have deprived a SOW
ereign State of the power to raise money to
preserve its life, and that you have cut the
throat of the State, instead of protecting it /?
l.. J. l hardly think that such an emer-
gency will arise. If it should, the judges
then on hand will deal with it as may be
necessary. They would undoubtedly re-
verse our decision but sufficient unto the
day is the evil thereof.
O.. G. But you say that the State of Ten
nessee is sovereign; that the entire legisla-
tive power exists in the Legislature, and
that the power to make the coupons receiva-
bic for taxes is not limited by any clause of
the constitution of this State or of the
United States. Was there ever sovereign
State which had not the power to declare
by statute or by contract what currency or
obligations it would receive in payment of
the taxes which it levies. Can there
be any doubt as to the power of
the Parliaments of France or England
or of the Congress of the United States to
make such laws Or contracts? ? Has not
Congress done this very thing in regard to
its issues of greenbacks, and did not sew
eral of the American colonies make the
same provision in regard to their issues of
bills of credit during the revolution? How
does it happen that the sovereign State of
Tennessee has got SO much less sovereignty
than other sovereign States, and than the
States had when they were merely revolted
colonies?
L. MY unlearned friend, your prem
ises are undoubtedly correct. Undoubted-
ly sovereign State may make its
obligations receivable for its taxes, as the
United States has done, and as several of
the colonies did before the United States ex-
listed. But those sovereignties could not be
compelled to receive their issues or carry
out their contract. In short, they had the
power to repudiate their debts at any time;
and if the Legislature of Tennessee had in
providing for these bonds reserved the
right to repudiate them, there could be no
constitutional objection to its action. But
if these bonds are issued, the courts of the
United States will compel US to take the
coupons for taxes, and then the sacred and
inalienable right of reputation would be
gone. Observe do not favor reputation;
but we hold that the right to repudiate
is sacred, and that the Legislature cannot
part with it. 1t is a little difficult to ex-
plain this as to mako ii clear to tha I'M