Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-02-01

now appenf i'll the circles of the ,,ct,ono,;s ;, .
people of Virginia will not fail To hold then, in ,l
"'gnes' respect and Vcncraton, and will probaoi,
regard them as strictly comfortable 10 the most nv
siiodox canons OF constitutional law
what reasons have we to believe Thar ,yere Oh.
| Anesuoh now to come before the iudc;arv of the
STATE an opinion would exist, different from, th,,
"fmerly entertained by the Judges nf the Cour, on.
I Appeals "'' "
| Bur the Supreme Court of the Uni,e,, State, ,n,,
the uecislonin the case of the Dartmouth coll.so
are interpoSed as barriers the exercise of such
power as mat which Is claimed for the e,fs
i"''e ana that too al Il time when 10 is invited r.,
surrender to the Visitors the right of scIer,p, tho
SITE oil the college, which was confded ,o the ,e,,.
S."'''NeS OF the people by the very terms of ,bs.
entef. 1t is no' easily perceived that there is
"s vi positive decision, necessary Inference
even III tins celebrated case TO bind TN the hands ~,
sou' honorable body, and TO prevent YOU from To-
s'si"u'S win the most perfect freedom and discr,
''' WI" regard TO the college of William and Ma
-, ne cases appear TO be widely Indifferent /,
Dei'eVed that no such case as that of William
anu MARY college has ever come untcr the cons;
defaton OF the Supreme Court. In the D,,.mon,h
case, Dr. heciock, Mir. Whitaker, tho gn,l ne
dartmouth anu other private persons vere In.
i""nuers ahc the funds were private: and the Chief
'"s"ce IN delivering hiS opinion laid considerable
stress ON both these circumstances The mower of
the General Assembly of Virginia cauuot ,,d o,I,s
not to be restrained and limited by doubtful ints,
ehces ifoin The decisions of tribunal, which howe
'e' "oe ana enlightened, has not heretofore beer.
'"su IA virginia as entertaining views the most
limited OF the powers of the federal iu3icarv
/ Were there better grounds than seem tn ex
'st, Tor the opposition to the powers OF The lie.
g;sature, is not the question surrendered and
MI doubt removed, by the petition of the Visit
ors and Professors invoking the interposition ~
the Legislature, "
ana even II the Corporation were confessed
iy private, and trial and Judgment were necee-
sary, before you could touch tie funds, could
you not, upon the ground Of the facts set FORTH
| I'd inc report oil the Committee of Schools and
Ceueges' instruct the Attorney General to ap-
ply for writ OF quo warranto, to ascertain and
establish the forfeiture of the Chartera I'm the
one way, or in the other, you can rirhtfulI,.
reach the subject; and the question is thus re-
duclble 10 mere question of discretion and ex-
pedcncy.
When in the progress of time, the representa-
ton III the Senate of the State had become nm.
! equal, you construed your powers Hberaltp il
favor OF the equal rights of the people, and were
moi withheld from an act Of justice by the con
sttutional difficulties attempted 10 be throw,
In YOUR way.
If you should finally entertain the opinion tI.t
the plan of removal TO Richmond would mot b.,
as conducive TO the interests of literature as thai
oil dividing and differing the funds, would there
De Just ground OF opposition TO your law fror.
the Corporation winch asks at your hands the
power TO select new location "wilh view t.
a more extended diffusion of the benefits of the
iustitution.n
ifyoa should doubt your power or condemn.
the scheme of division, still would not iustce
and policy dictate the propriety of leaving the
Question omen for tie people to consider and
70 decide for themselves in an affair in which
they are so deeply interested? What are the
disadvantage OF leaving the funds unproductiyt
Tor another year, compared to the baiefnl con-
sequences of a precipitate decision, committing
the faith OF the state, possibly in opposition to
the public judgement and the public feelings9
1t is dictate OF wisdom that all great changes
should be made with cautions and the utmost
practicable latitude given for deIiberation and
discussion. The scheme Of removal was not
spoken of till the month of May; was hastily
discussed in the,publc prints in June; was post
poned, IN favor OF further experiment on The
old site, by The visitors, in July, and was unex
Pectedly adopted at the convOcat.on, in Noyefn-
Der. The visitors aud professors did not. them
selves decide in favor of removal, till the
<ofh NOV when, from ali points of our territory
son had left your constituents and had already
afEiVed at the seat oil government, or were ira
Vei)ng on the high roads leading to IT, Sboulff
Lyou now decide IN favor of removal to Rich
mond, large amount of private funds viii he
llnTested on the faith of your act, and uey and.
lPerhaps, insurmountable impcdiments will
spring up, 10 prevent the adoption OF any bet
ter plan, which might arise from conflict OF
Eoplnons and from comparison of views.
! w ould It not be more wise TO follow the pru
gdent example Of your predecessors at the SEES
tslon OF l8l6-i7 who, instead of adopting the
HoH on public education, which when presented
Epabhshed the bill, together with every kindred
document ON the subject, for the consideration
4 Of the people of Virginia?
Il No one can respect more highly than the
ltyrter OF this article the talents and the virtues
pt the advocates of the contemplated removal!
But may tnot be asked whether the plan they
recommend, of fixing one of our principal
FemInaries, IN an expensive commercial city;
city nwnch you yourselves are sitting at en- ex-
Pense of 81 per day, and at the rate of S116O,
per annum; is not.at least novel and of doubt
iul Pro7riety' Is it not at least questionable
whether the good people Of this commonwealth
you'd not prefer, to establish subordinate semi
haries over the surface CT the country VIII
the people around Fredericksburg and lynch
burg, around Winchester and Stanton around
Clarksburg ana Lewisburg, and other points
yet to be named; will they be satisfied to Weld.
mp to the City Of Richmond, all these mnnifo
cent funds, the gift of our fcreGthers for our
common good, and unite in condemning poli
cy which sends science home TO their countries
and "makes the desert blossom as the rose.n
Whatever may be thought of the course recon
mended, the subjoincd documents will prove tha..
the measure is not for the first time brought 10
the view OF your honorable body.
During the tendency OF the bill submitted bv-
Mr.. Taylor AT the session 0f 1917, 1G objections,