The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-01-31
Defaulting States.

Defaulting States.
The eleventh amendment to the Constitu-
ton of the United States has long been OBJ
jected to, because it gave State power to
cheat its creditors and refused them any
method of redress. This amendment made
ia the early days of the Federal Government
1T was proposed in 1894 and adopted in
179S-declares that the judicial power of
the United States shall not be construed to
extend to any suit in law or equity, COM
menced or prosecuted against one of the
United States by citizens of another State.
Though proposed under one administration
conducted by the Federalists and adopted
under another controlled by them, the
amendment was ostensibly made in defer
ence 10 the political dogma of State Sow
ereignty. Its real object was to enable a
repudiating State to swindle its creditors.
That purpose it well served, as the men
who unfortunately invested in Tennessee
bonds can testify. A Tennessee Congress-
man, the Hon. William r. Moore, feeling
keenly the disgrace his State has incurred
by skulking behind this amendment in Or
der to escape the payment of its just debts,
has offered in Congress bill resembling it
and thus permitting the suing of repudi-
ating State by those holding the dishonored
obligations.
Tennessee, it is well known, is not the
only robber State. There are others which
refuse to take account of their unsettled
scores. The creditors of these defanlting
States, with other men interested in the
preservation of public honesty, eagerly sup
port Mr.. Moore's proposition. meeting
was held by them in New York city Monday,
at which it was argued that the protesting
and defaulting of promissory note or like
evidence of Indebtedness should re-
feet as much discredit upon a State
as upon privatei Individual; that
the population of its debts by single
State of the Union affected the credit of the
nation as much as the reputation of the
paper of private individual affected the
credit of a firm of which he was member
and that the State should have no more
right to defraud the individual than the
individual has to defraud the State. One
speaker said that the Southern States had to
be persuaded with club that they enter.
tanned heresy in regard to their sovereign
right to secede. Now they needed to be
persuaded by legislative action that they
have no right to repndate their honest debts.
To this end the courts of the United States
shonld be opened to individuals, so that
they might sue State in case they had
claims against that State which needed to
be adjudicated upon. Tennessee had COM
mitted acts which would consgn private
individual to prison, and the suffer-
ers from those swindling acts have now no
right of redress. Therefore, the eleventh
amendment to the Constitution should be
repealed, and the rights of citizens remain
as they were ander the Constitution as orig
inally drawn up. All that the bondholders
wanted was that the States should be COM
PEELED to pay their honest debts, and, if
they could not be reached in any other way,
the courts should be opened to the people,
The meeting unanimously approved Mr..
Moore's proposition, for the reasons set
forth in the following preamble and resolu-
ton:
Whereas, the Constitution of the United
Erates was ordained to establish Justice, and by
section 10 Of article / thereof it is provided
that no State shall pass any bill or law impair
ing the obligation of contracts, and by section
OF article 4 it is also provided that full faith
and credit shall be given in each State to the
public acts of every other state, and by article
of the amendments to the Constitution it is
provided that no person shall be deprived OF
property without process of law, nor shall pri-
vate property be taken for public use without
Just COM pensatioD; and
Whereas, Article II of the amendments to
the Constitution has taken from the citizens all
redress in the courts of the United States for
injustice done to him by State, and for loss
sustained by reason of State passing bill or
law impairing the obligation of its contracts
with him, and said article IL of the amend
ments to the Constitution also denies to the
citizen redress in the courts of the country
against State, even If State deprive him of
his property without due process Of law or just
compensation; and
Whereas, some of the States of the Union,
taking shelter behind said Article IL of the
amendments to the Constitution OF the United
States. have for many years scandalized the
whole country by either formally or practically
repudiating their just obligations, and have
done great injustice to all who have placed
faith in, and given credit to their public acts,
and their public obligations authorized there
In, and have, by wanton disregard of their
contract obligations, and of their pledged faith,
honor and credit for the performance thereof,
deprived many persons in this and foreign
countries of their property, of the fruit there
of, causing great distress in many cases among
the poorer holders of their obligations, and
have corrupted public morals within their
borders to an alarming extent, therefore sit
States in default on their public obligations,
and Of the people thereof. demand the immedi-
ate repeal of article II of the amendment to
the Constitution of the United States, as the
surest and speediest way to the restoration of
their former good name and credit.