Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-06-28
The Eleventh Amendment.
ARTICLE NO. 3.
To The Editor of the Dispatch:

To he Editor of the Dispatch:
The complexion of the Supreme
Court of the United States may under
90 no change for some time TO come,
!. az few die and none resign" and II
death or resignation should intervene,
nerbsps the lot would not fall upon
those who could be best spared
from the exalted tribunal. There
fore the State must organize her
defence upon the assumption that MIR.
Justice Matthews and his four concur
ring associates will continue their vio-
lation Of the eleventh amendment OF the
Constitution of the United States and
their attacks upon the autonomy OF the
State. The malignant boast of John |
A. Hambleton & Co., that the State |
must receive the coupons when ten
dered or do without her revenue" must |
be made as sounding brass and
tinkling cymbal." AS the attack upon
the State is made through her revenues
her defence should be organized upon
the same line. This defence, in my
opinion. can be rendered absolutely
successful if the State will exercise,
with firm and unfailing purpose, her
powers under the Constitution of the
State. AS the State cannot reverse, by
any direct act of hers, the decree OF
Mr.. Justice Matthews, the State,
following the indirection Of said ju-
rist, in assuming jurisdiction over
the State, will by laws acting directly
upon her revenues, but indirectly upon
Mr.. Justice Matthews's decree. emas-
culate said decree, and make it barren
of results to Mr.. John A. Hambleton
and all other jobbers in coupons. The
power and mode Of taxation in the State
are entirely with the legislative depart
ment of the State, and this department
should soreform the methods of taxation
as to leave nothing forthe coupons. "the
cut-worms Of the Treasury" to prey
upon. The Legislature should reduce
State taxation to the lowest cent pos
sible. The money necessary to main
tain our system Of free schools, our
lunatic and deaf and dumb asylums,
and all court expenses and Grim
inal charges (save the salaries oil
appellate and circuit-court judges
should be raised by county leyies.
This will reduce the State tax
on property TO ten or fifteen
cents in the one hundred dollars. The
capitation tax referred to in the 9th
section of Article 10 of the Constitu-
ton, and the school-tax Of not less than
one nor more than five mills, referred
to in the Sth section Of Article s Of the
Constitution, should be omitted, since
the right of the schools to the money
arising from these sources has been sub
ordinated TO the coupon-holders, there
by defeating the constitutional purpose
for which the taxes are authorized.
There will be no serious difficulty in
determining the amounts for the several
objects above named; that the super
visors Of each county and the authori-
tiel of each town and city will be called
on to levy, and TO provide appropriate
remedies if said authorities county or
city) should fail to make the levy.
Relieving the State OF all taxation on
account of free schools, deaf and dumb,
and lunatic asylums, court and criml-
nal expenses, and interest upon the
public debt, except as to that portion OF
| it due to colleges and schools, the rate
Of taxation above suggested will be
most ample. Upon referring to the last
appropriation bill | find that less thar
five hundred thousand dollars were ap.
proiated for purposes other than free
schools, the public asylums, court and
criminal expenses, and interest on the
public cebt. According to last assess
ments of property, ten cents in tn
hundred dollars will produce abou
1880. 600 add to this sum about 500,
OOe derived from the license tax, an
the revenue of The State will be a it'll
over 81 600, 900. No very large amour
of this revenue can possibly be reache
by the "cut-worm p" through the assist
ance ofMr. Justice Bradley. Butin orde
to make the defence Of the State con
plete tho Legislature must repeal a
those laws requiring coupons receive
in payment Of taxes to be cancelled
and direct that they shall be passed il
tact into the Treasury, and, if necei
sary, be issued and put into the hane
Of taxpayers on terms as favorable
Mr.. John a. Hambleton can furnis
them. But this will hardly be necessar.
as under the reduced rate OF Sta
taxation very few taxpayers will d
sire or even be able to use coupon
The large corporations of the Sta
might possibly attempt their use, b
the State has so many check-reins upt
them that they would hardly risk q
loss Of the favor and friendship Of Il
State for the few dollars they Won
save by the use Of coupons.
Itmay be charged that my method
defence involves total reputation.
II so, If the life and autonomy Of q
. State cannot otherwise be maintaine
!. 1t is Mr.. John A. Hambleton who pr
!. claims TO the State, = Your polite
i life if you refuse the rendered &C
: pons."
!. No State can live without its re-
: nues. No State ought to live whc
!. revenues are appropriated by the
e crees Of an alien court. If a portion
n the creditors of the State make v
a upon the State, and thereby destr
v their bonds, they must charge the
: struction 10 their own folly. But
! the attack made upon the life Of
State Reputation could never have b
. possible. Now that the assault
!, been made, hope it will he the pl
1 sure Of the good people Of the State
4 postpone the debt issue until this st
has been fully indicated. and that Il
70 the pecuniary obligations Of the ST
d shall be duly recognized.
q for one am willing TO tax and
e taxed to pay the last dollar the St
Il owes, but the payment must be un
> the sovereign win Of the State, not
,. der the DEGREES Of alien courts
j, judges. AS State she contracted