Year: 1878

high duty, but the payment of The


debt was equally high, and the State


had no right to dedicate money due


her creditors to school purposes. =
She must be just, before she is gem
erous, aud it could NOT be supposed


that The Legislature would fail tc


perform both dutits-i. e to pay The
debt and support the schools.


He did MT discuss the other ques>
ton raised in the case as tn the right


of the State to collect a tax our OF


he coupons, but inasmuch as the


court held that the coupons must be


received for Clark fine, at their


face without deducting the tax. the


effect of the decision is to declare


that no tax can be collected or re-


tanned fcOm coupons, and that they


must be received at their face He
declared that they we're gold as far
as the State is concerned.


JUDGE STAPLES OPISION


| Judge Staples said:


The opinion just delivered by
Judge Christian is an afirmance OF
the doctrine laid down in Antoni Us
Wright. Il will be remembered by
those who were then present. or who
have taken amy interest in the sub
ject, that it was my fortune to dilier
with the majority of the Co@rt in the
decision then rendered, and in the
reasoning by which it was sustained.


Since that time the whole question
has received a full and exhaustive
discussion by the public press, upon
the Hastings, and in the ie2islst tive
department. That discussion and
my own more deliberate reflections,
have but strengthened my cOnyic>
| lions Of the sOuudnesS and Justice OF
my opinion then entertained | do
rot See. however, that any good Can
be attained BY futher discussion of
the question in this Court. Every
ore here present, every intelligent
mind in the State, has, perhaps,
reached some definite. fixed coucla-
sion upon the subject, aud nothing
that can be said here, by myself or
others, would alter or modify that
conclusion. | will not, therefore,
how undertake to enter iato any ar
eumeht of these points with respect
to which it Was my misfortune to
differ with my brethren. | may
hereafter to DO so, if time and
opportunity are favorable, and now
reserve TO myself that privieec.-
"This much ! may ray in justice to
myself, il il Is now to be regard, a a. set
tied Law, that eve y demand. debt end
claim due the Common wealth of what
ever character or ciassihca lien, to iIo
amOunt of one million rad two huu-
dred thousand dollars, may he paid in
these cOnpOns If the Legislature Un
der no circumstances has the power
for the next thirty Year, to diminish
the rate of t&xation, whatever may I've
the necessities or condition Of the peO-
people ii IL has surrendered 8il con-
troll over the p ihiic revenues 10 such
an extent. and for euch y period what
ever may be the public exigency il
the Legislature may thus pledge the
revenues of the State beyond recall
then. indeed. has Government abtiica-
ted It's functions, and the State strip
ped itself one of its attributes of Sow
reighty."


To this but one answer has ever
been given that deserves the name of
answer, and that is, that it is the du>
ty of the Legislature to lay a suffi-
cient tax to pay the creditor and car
ry on the Government. To this |
answer: That however strong the
obligation the Public Debt may i'm
pose, there are periods in the history
of every State when no part if it
can or oaght to be paid. when the
State creditor, and the individual
creditor, must consent to wait at
least for a season; and Of such times,
as they arise, the Legislature must
be tie Judge. The amount of taxa
tion the people can bear. the mode
Of imposing and collecting it, is a
political question to be determined,
not by the Courts, but by the repre-
sentatives of lhe people, from time
20 time, as the public exigencies may
require. This is the essential prin-
ciple of the Government under which
we live, State and Federal. In the
language of the Supreme Court of
the Unitcd States. 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 a permanent and
iudissoluble contract in reference to
matters Of public interest,""


With this brief discussion l am
content to leave this branch Of the
subject, though, perhaps, | have
said more than VAS necessary. de-
sire further, to AID, that the precise
question new before US was not be-
fore US in the case of Antoni VS..
Wright Il is true that it was dis
cussed by both Judge Bouldin and
Judge Anderson, and, while it is
perhaps fully cnvered by the reason
ing of the Court, it vas 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 vioIaIive of
the seventh section of the eighth ar
ticle on the Constitution of Virginia.
That section declares the General
Assembly shall set apart, as a per
manent and perpetual literary fund.
the present literary fund of the State,
the proceeds of all public lands do
nate by Congress for public school
rurnnsas nf oil n.chnntnd nrnnnrtu