by John Marshall Harlan

“ But, with my brother FIELD, I am constrained to withhold my assent from so much of the opinion of the court as holds that the remedy provided by the act of January 14, 1882, is adequate or efficacious for the protection and enforcement of the rights of parties holding bonds and coupons issued by Virginia under the funding act of 1871. On the contrary, the former act, especially as modified by that of April 7, 1882, is a palpable and flagrant impairment of the obligation of her contract, and, consequently, is unconstitutional and void. ”

“ The verdict as to one lot of coupons does not, under that act, establish the genuineness of other coupons of the same bond. Thus it is demonstrably clear that the tax-payer, before he can enforce the receipt of the entire 68 coupons of one bond for $100, may be required to have at least as many jury trials, covering precisely the same issues, as there may be occasions to use coupons in payment of taxes. Certainly the tax-payer, if not an attorney, cannot go safely before the jury without an attorney to represent him. ”

“ The holders of the bonds and coupons are placed by the legislation of 1882 in the position where it is useless and impracticable to pursue the remedies thereby given. To my mind this is so perfectly apparent that I should have deemed it impossible that any different view could be entertained. It should be remembered that the court places its decision upon the ground that the change in the remedy has not, in legal effect, impaired the obligation of the contract, and not upon the ground that this suit is, within the meaning of the federal constitution, a suit against the state. ”