Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-07-03
FRIDAY....................JUl
go mr. Justice Matthews.


a State officer is not suit against the
State. We quote
"Of 1910 coupons, due January,
1888, and subsequent, under msndamus
United States Circuit Court, soo,-
-O44.50."
Funded under q msndamus issued by
a Judge of the United States Circuit
Court
Here is the sum Of fifty thousand
dollars charged against the State of Vir-
ginia by order of Federal judge, and
yet we are gravely told that the order
does not violate the eleventh amend
ment to the Federal Constitution.
Who will have TO pay this sum of fifty
thousand dollars? The Auditor or
Treasurer? No, indeed. 1t will be
paid, IL at all, by the State of Virginia.
Who ordered it to be paid? A Fede-
raj Judge. In the absence Of such or
der, the State would never have owed
that debt-would never have issued
a new bond for that amount
unless the coupons had previously been
proved to be genuine, as the law Of
this Commonwealth requires them to be
proved.
The question arises, Does Virginia
owe that debt now? Ought she to pay
the bonds issued under q mandamus
issued in violation Of the Constitution
Of the United States? Ought her off,
GERS not to enter upon record the facts
in the case, and refuse always and
forever to pay the bonds? There is no
prstence setup on the part Of Mr.. Justice
MATTHEWS or of any Of his concurring
colleagues that Virginia can be made to
pay these bonds at maturity. All per-
sons admit that she can repudiate them
ut will, and that there exists no power
in any department Of the Federal Gov
eminent to compel her to pay them.
Mr.. MATTHEws's judge-made law ex-
tends only to coupons. Repudiate the
bonds, if you choose, says he, but you
shall not repudiate the coupons. Let
us quote once more the eleventh amend
ment. 1t is as follows:
"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 an
other State or by citizens or subjects
Of any foreign State"
In contempt Of that provision of the
CONSTITUTIONAL violation not simply
of its spirit, but Of its letter-the
Uuited States Circuit Court for this
circuit has by mandamus compelled
Virginia to assume debt Of fifty
thousand dollars which she had refused
to assume, and forced her to issue her
bonds for that amount. Is there u man
living who will deny that the State was
q party to that suit? Read the eleventh
amendment in the light of that fifty
thousand dollar debt put upon the State
by mandamus, and then read what
Chief-Justice WAITE and the other
three dissenting Justices said Of such
outrages upon the State Of Virginia as
the one we are now considering. The
Chief Justice, speaking through Mr..
Justice BRADLEY, said:
"Moreover, the eleventh amendment
is not intended, as it were q jingle Of
words, to be slurred over by cunning
subtleties and artificial methods of in
depreciation, so as to give it litera
compliance, without Regarding its sub
stantial meaning or purpose. II is 1
grave and solemn condition exacted BY
the sovereign States for the purpose o
preserving and indicating their sover
sign right to deal with their creditor
and others propounding claims agains
them according to their own views 0
what may be required by public faitl
and the necessities Of the body polite
We have no right, il we were disposed
to ffitter away the substance Of thi
solemn stipulation by . neat and skill
fal manipulation Of its words. We ar
bound to give it its full and substantia
meaning and effect. All this litigation
in reference to Virginia bonds is an at
tempt through the medium Of the Fede
raj courts to coerce the State Of Viz
ginia into the ful6lment Of her cor
tracts"
The facts prove that Chief-Justic
WAITS was right. The United State
Circuit Court for this circuit is attempt
ing "to cosrce the State Of virgini
into the falGlment OF her contracts.
Nay, worse, that court has reached i,
hand into her Capitol aud taken theme
State bonds and put these bonds int
the hands Of suitors in that court.
that Is not q violation Of the elevent
amendment. then that amendment car
not be violated.
We repeat that We trust that the Stat
officers will mark and n,mber the bond
issued under the orders Of the Unite
States Circuit Court. snd that all sue
bosds win be repudisted out and out
There Il no other way in which thes
eutrsgss can b. stopped. Just let itg
forth 70 tAs world that no bond issues
IL violation Of the eleventh amsndnen
y tbs Fsdsral Constitution 10 svG TO b
paid. sad the United States Circui
Cesrt viii not b asked again for II