Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-07-11
formulation by the Right Flank.

The Richmond Dispatch Of the Sd
offers a suggestion in reference to
$50, 040.50 Of 1910 coupons, due JAN
uary 1883 and subsequent, funded I'M
der a mandamus of the United States
Circuit Court, and other coupons like
wise funded, that is well worthy
thoughtful consideration. 1t is, in fact,
one Of the strongest points that has
been made since the coupon agitation
and litigation began. The Dispatch
Justly claims that all the coupons
charged against the State by this pro-
cess are in the nature of suits against
the State, and as such in open violation
of the eleventh amendment to the Con-
stitution of the United States, which
reads:
"The judicial power OF the United States
shall not be construed 10 extend TO any suit
in law or equity commenced or prosecuted
against one of the United states by citi-
zeDs Of another State or by citizens or sub
jects OF any foreign state"
The United States Circuit Court for
the Richmond circuit. in contempt Of
this provision Of the Constitution, has
by mandamus compelled Virginia to
assume a debt Of fifty thousand dollars
which she had refused to assume, and
forced her to issue her bonds for that
amount, thus openly and plainly making
the State a party to suit, when the
Constitution in express terms declares
she shall not be sued
In support of its position the Dis
patch quotes from Chief-Justice Waite S
dissenting opinion in the coupon cases
in the Supreme Court Of the United
States:
I'VE have no right. II we were disposed.
TO ritter away the substance OF this solemn
stipulation by neat and shilfnl manipu-
lation OF its words. We are Bound to give
IL It's full and substantial meaning and ef-
feet. All this litigation In reference 10 Vlr-
ginia bonds ID an attempt through the me-
State Of Virginia into the fulnlment OF her
| contracts"
This is unmistakably true Of the
whole spirit and intent Of Judge Bond $
judicial action in all the cases that have
come before him. The question arises,
Does Virginia owe q debt thus forced
upon her in contravention Of the Con-
stitution? The Dispatch very peril
nently asks
Ought she to pay the bonds issued under
| o mandamus issued in violation OF the
| Constitution OF the United states? Ought
her officers not enter upon record the facts
In the case. and refuse always and forever
| TO pay the bondse There Is no pretence sei
| up on the part OF Mr.. Justice Matthews OF
OF any OF his concurring colleagues that
Virginia can DO made 10 pay these bonds Q
maturity. All persons admit that she can
repndiate them At will. and there exists nc
power In any department OF the Fedora
Government TO compel her TO pay them
Mr.. Matthew's judge-made law extend,
only TO coupons. Repudiate the bonds. II
you choose. says be. but you snail not re-
pudiate the coupons"
The Dispatch concludes "Let al
such bonds be branded and repudi.
ated."
This might be termed reputation by
the right flank, but it is undenisbly
constitutional and right; and wher
holders Of coupons discover that the
State, when thus forced TO fund under
protest, has the right to repudiate the
bonds at maturity and will repudiat,
them, they will not be so eager to rusl
into Judge Bonds court. See if i
doesn't have this etiect.--Pulaski PEG
/ nile.