Savannah morning news. [volume] (Savannah) 1868-1887, 1886-06-28
THE CoNFEDERATE DEBT.
Judge Fullerton,s Ingenious Argu-
ment in Favor of its Payment.

Judge Fullerton,s Ingenious Argu-
ment in Favor of its Payment.
WASHINGTON, june 21.-Atter Judge
Fullerton, the famous New York lawyer,
delivered his argument before the House
Committee on WarAClaims in favor of the
payment of the Confederate debt by the
United States government he was re-
quested to submit his remarks to the
committee in printed form. A bundle of
these cheerful pamphlets was dumped on
the committee table at itsmeeting Friday
morning. The argument is brief, cover
ing only six pages but it Is interesting
reading as a marvel of legal and literary
ingenuity, The members Of the committee
will digest it at their leisure.
Judge Fullerton says; ''In discussing
the liability of the Confederate States TO
pay the Confederate debt it is proper to
say that they never refused to recognize
their obligation TO meet it, nor did they
ever request any action on the part of tn e
United States to relieve them from It. AS
between the holders of the Confederate
debt and the States creating it there ex-
listed binding oD3igatiOn with which no
third party could properly interfere, much
less discharge. Notwithstanding this the
United States government, unnecessarily
superior and arbitrary power, stepped be-
tween the Confederate States and their
creditors, and by amending their organic
law provided that Neither the United
States nor any State shall assume
or pay any debt or obligation in
Cured in aid OF resurrection or rebellion
against the United States,
but all such debts, obligations and claims
shall be Illegal and void. But in declar-
ing at the same time that the Confederate
States, who had created it, should not pay
their just and acknowledged liability, the
government not only acted unwisely, but
committed stupendOus blunder. 1t not
only relieved the guilty party from a Just
liability, but it was wanton destruction
of debt it did not own, and with which
II had no rightful concern. In doing 80
it assumed fearful responsibility.
"The United States should, therefore,
have stood aloof ana left the contracting
parties TO adjust their own affairs, with
cut interference on their part, as best
they might. It follows, IL these views are
correct, that the effect OF this amendment
to the constitution was: First, to ex-
tiDguish the Confederate debt, and sec
Ondly, as a consequence to create new
liability for damages against the United
States, measured by the value of the prop
erty so wrongfully destroyed. This act
OF the United States was undoubtedly in
tended TO punish those who 1t was sup
posed had aided the States in rebellion by
the purchase OF their bonds, and IL only
adds another noted instance to history
where au attempt to injure has resulted
IN q benefit.
sBefore l conclude will answer ques-
tion which was asked by member OF the
committee, WIS.,: What is the amount OF
A..Hat an elafaN
do not know, nor have sought to know.
deal only with the liability to pay that
debt and not with the extent Oft. It was
also said here that it amounts TO billions.
Even SO; IL does not affect the question
here presented. The United States can
not afford to deny an honest liability be-
cause It is a large one, or ask TO be re.
lieVed from 1t on that account. The
amount Of it should have been ascer-
tained aud the liability measured before
the dangerous responsibility was as
sumed of blotting it out"