Year: 1878







APRIL 5, 1878.
Eby the public press, upon the hustings, and
In the Legislative department. That discus
sion and my own more deliberate reflections
have but strengthened my convictions OF
the soundness and justice OF my opinion
then entertained. de not see, however,
| that any good can be attained by a further
discussion OF the question in this Court.
Every one here present-every intelligent
mind In the State-has perhaps reached
some definite, fixed conclusion upon the
! subject, and nothing that can be said here
by myself or others would alter or modify
that conclusion. I will not, therefore, now
undertake to enter into any argument OF
these points, with respect to which it was
my misfortune to differ with my breth-
rem. may hereafter do so II time
and opportunity are favorable, and now
reserve to myself that privilege. This
much may say in Justice to myself, il it
is now to he regarded as settled law, that
every demand, debt, and claim due the
Commonwealth, Of whatever character or
classification, to the amount OF one million
| and two hundred thousand dollars, may be
paid in these coupons. II the Legislature
under no circumstances has the power Tor
the next thirty years to diminish the rate OF
taxation, whatever may be the necessities
or condition Of the people; II it has sur
rendered all control over the public reye-
nues to such an extent and for such q PEE
riod, whatever may be the public eyigeacy;
/ il The Legislature may thus pledge the
revenues Of the State beyond recall, then
indeed has Government abdicated its
| functions and the State stripped itself OF
one OF its


ATTRIBUTES OF SOVEREIGNTY.
| To this but one answer has ever been
given that deserves the name OF answer,
and that is that it is the duty Of the Legis-
lature to lay q sufficient tax to pay the
creditor and carry on the government. To
| this I answer: That however strong the OBJ
legation the public debt may impose there
are periods in the history OF every State
when no part OF it can or ought to be paid ];
when the State creditor and the individual
creditor must consent to wait at least for
season, and of such times as they arise the
Legislature must be the judge. The amount
OF taxation the people can bear, the mode
of imposing and collecting it, is political
question to be determined not by the
courts, but by the representatives OF the
people from time to time, as the public exi-
gencies may reqnire. This is the essen
tial principle of the government under
which we live, State and Federal. In the
language OF the Supreme Court. Of the
United States, "a legislative body cannot
part with its powers by any proceedings so
as not to be able to continue the exercise OF
them. 1t cannot abridge its own legislative
power by making permanent and indisso-
luble contracts in reference to matters OF
public interest"


With this brief discussion / am content
to leave this branch OF the subject, though
perhaps have said more than was neces-
sary. I desire further add that


THE PRECISE QUESTION


now before us was not before us in the case
Of Antoni US. Wright. 1t is true that it was
discussed by both Judge Bouldin and Judge
Anderson, and, while it is perhaps fully
covered by the reasoning OF the Court, it
was not necessarily decided. / agree that
the funding act is broad enough to include
fines imposed for the violation Of the laws,
and for that very reason / thought, and still
think, that it is violative OF the seventh Sec
tion Of the eighth article Of the Constitution
of Virginia. That section declares the GEN
eral Assembly shall set apart, as perma-
nent and perpetual literary fund, the present
literary funds Of the State, the proceeds OF
all public lands donated by Congress Tor
public-school purposes, of all escheated pro-
perty, Of all waste and unappropriated lands.
of all fines accruing to. the State by forfeit
ure, OF all fines collected for offences COM
mitted against the State, and such other
leyies as the General Assembly may apply
thereto. No intelligent man will maln-
tain that it is competent for the
Legislature, by any contract, to divert this
fund from its specific object as prescribed
by the Constitution. Take, for example, the
proceeds of the public lands dedicated by
Congress to school purposes. II the lands,
when sold by the State, may be paid for in
coupons, are the proceeds set apart for the
objects designated in the Constitution !?
Take the fine in this case. If the petitioner
NAV pay it IN coupons, any other person
upon Thom fine is imposed may do like
wise. Are not such fines IN effect for all
practical purposes appropriated to the pay
ment OF the public debt? l can see no dill
ference between law which applies them
directly to the payment OF the interest on
the public debt and law which authorizes
them to be paid in coupons. The answer
again isthat


THE LEGISLATURE MUST INCREASE THE TAAES
and supply the deficiency from other
sources. But the question still arises, Can
a Legislature divert fund from the pur-
noses OF the trust under the Constitution,
and Justify its action by relying upon an
other Legislature to raise another fund from
another source to meet the objects OF the
| trust?


The main design Of the provision OF the
Constitution was to create fund beyond
the reach Of the Legislature, and in noWise
dependent upon its neglect and failure OF
duty. It is very true that the fines have
heretofore been paid into the Treas ury in
| common with other public dues, and so
| long as the whole was paid in money no
| inconvenience or injustice could arise; but
| now the question assumes an entirely diff
ferent aspect, for il the Legislature shall
pass an act directing that the fines shall be
paid in money, and the money thus paid
shall be set apart for school purposes,
under the ruling OF the Court, the act
would be constitutional, because the FUND
ing bill declares that all public dues may be
paid in coupons. The result is that one
Legislature may, by an agreement with the
creditor, appropriate to his claim fund set
apart by the Constitution irrevocably for
another purpose, and IL succeeding legisla-
lures fail to supply other means to meet the
deficiency there is no remedy for palpable
violation OF that instrument.


can never give my assent to this doc
trine. 1t IS the duty OF the Legislature by
taxation to


| PAY THE PUBLIC DEBT.