Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-05-03
VOL. XVIII.---NO. AS.

Else was mere 0Ictun, which, according 10
the established rules of all courts, is not to bc
quoted as authority. On the main point-ihe
opinion Of Virginia is now what il was then.
In 1919, in sat Of resolutions offered to the
House of Delegates, the idea suggested by the
Pennsylvania amendment was embraced /;
bat II WAS withdrawn by the mover before
the discussion commenced, either from bis
own doubts as to its propriety, or from con
viction that it could not he carried. The re-
solution of fGi has my cordial appreciation,
am opposed moi only 10 the plan which it
rejects, but TO every plan or project Of a new
tribunal, in relation 10 the appellate power dc
the Supreme Court. as now claimed and ex-
ercised. Let It's at least first ascertain the ex-
tent of that appellate power, rather whether
with regard 10 eases decided in state tribu-
nails, ii has any legitimate existence whate-
yer.
q The Inconsistency charged uron Virgi-
nla, rs founded exclusively ON the language Of
the preamble. Now, although it is the custom,
Ia very bad one admit) to put questions on
preambles, yet it is very certain, that, practi
caly, the preamble does not receive the at
teniion bestowed upon the resolution. the
latter he approved, the preamble often passes
as n matter of course, and in some measure.
al courtesy To the committee who prepared
lit.
| 3. This subject was brought up near the
close of a session, and have been told and
believe, passed without discussion. THIS sub
| SHE niio decision, even as 10 the matter really
| In issue, Is not entitled TO the character and
influence of precedent.
4. This occurrence took place in 1870 four
years before the question concerning the
appellate jurisdiction of the Supreme Court.
had ever hean suggested in Virginia M
any where else. 1t had been taken for
granted that the 25;h section ofthe judicial
act was constitutional: ard the Supreme
Court had exercised. without any question
or Doubt, The power which that section sup
rnsed them To possess. In 1914, and not he
fore, the doubt Was .aggested and in that
y@ar the courr efappeals of Virginia, after the
most mature dclibcraiinn, decided that the
appellate power Of The Supreme Court ex-
tended only To cases ,cided in the inferior
Tribunals the United States.
Yet it is on The ground, presume, of This
supposed departure ia the resolutions of 1890,
from the preamble Of 1910, that the imputa-
lI"n on Virginia ofestablishnG .Nctc School,
mas been placed This expression has been
repeated with frequency which indicates
belief ot itd Importance, as well as cupviG-
ton OF lis tru!h. | have shcwn that this
charge arises from mistake. When the question
| occurred for the FIRST time in 1914, IL was de-
i'berately examined, aud decided, rs CON
celvr, III exact conformity to the principles os
construction established in The report of 1885,
and by men toe who baye adhered 10 That re-
p"r! from It's origin IL the present dry. Tie
question WAS new, but the principles were
( old They were well known, and had been
IN virginia among the republicans at leass
universally recognised. Rest assured. there
| ort, th't there IS no pPw school in Virginia
1 know the people and their principles. have
Known them all my life; and have attended
To them minuleiy from March, 1884 the
! period of Mir. MadsOn's commercial PROPOSE
4 ti"ns, up 10 the present day. In Virginia,
repeat, there is no new school: not the shadow
oi one. But That there is in the United States,
and among the republicans, new school, /
know and that this new school cmbracr.s
among IT'S members some ofthe most yirfuous
ana able o! these wh0 are repiIblicaps in heart
ana In sentiment, am equally certain But
4 rms Is not The place nor Is this the time tt.
examine the principles ard tcnc'5 of the new
academy. The time will come when the7
| ought 10 be examined: when they will be ex-
amInfd: when the great body Of the repuh-
leans OF these United States viii find il nc
cessary,in exercising the high and important
duty, 10 winch the year GA will cali them,
to understand this subject in all its relations
But ihc exposition will not come from me-
When have redeemed the pledge which
case 10 my constituents and To some of my
friends, i shall have done all that mean tc
attempt
Another very erroneous opinion has been
/ Intoxicated win respect of Virginia. 1t seems
! To bc understood that Virginia arrugates tO
herself right to make legislative war against
any federal act or sentence founded on a con
/ 5 ,cilOn Of the constitution which she con-
utmns. This iDputatiUn is utterly withutf
foundation. As long as Virginia remain and
| Size WI forever remain, member OF this
great conirderacy, she will not oppose any
| lang but argument TO legi latve acis or Judi
cIal sentences, although convinced that they
are palpabIe iniractiOns OF tie constitution
She knows full well that adj the states haze.
an equal interest in the preservation of the
cons .uIlon, and she has too much respect for
! the other states, too much regard for the Tn.
ION, To aTruSa.c to herself the exclusive right OF
| guarding II from INVASION or any right what
ever, but that Uf inviting the attention Of al
/ The STATES to points in " hich all are concerned
! The great principle of union is deeply rooted
4 ~ iic hearts of the people, and tlr,q liay.
Z never Jailed To manifest their devotion ;ghpr.
ever occasion called it forth In The session
! OF 1920, = motion was made In the house Of
delegates, To sipcrGade the discnssien ~
C"hcns case, by directing the governor tu
cause an execution TO be- issued On the iudr-
inrnt against the COIens. II was opposed
hy The iricnd-, the zcalOus fiicnds ami adyo.
Gates 81 the resolutions then under consders-
non, and did not receive, it is believed. u,or,.
iiian single vote. Carnder's trial took r,'.-e
Imlnctiarly after the State of Virgiui. had
| decided that the scdItiUo law was uncuustitn-
tion"l. In that case, the lazy was carried int,
eject IN the most odiuus, oifeosvr, and in-
sUltns form; yet TIC State oC Yrg',4a, thrn
| under the legislative Recommendations, of rirt