Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-03-25

Or reference To a commissioner, tIs case NAV 70
GuIre, and ut the next term tie court shall prurc,l
thereon shall be proper. and If ANY ;.C.rnnce no
properly taken, appoint commissioner for the mr.
Pose ct settling. stating and reporting thereon OF
ureot the same TO u master commissioner for tina;
purpose
10 III rules TO file bills, answers repica;i,ns. or
other pIcadngs or proceedings. sh7l be given rccu-
aFiy itom month TO month, shall b. entered in bouk
To be Kept Tor the purpose aud shall not eyDire on the
succeeding rule day. And 10 discoutlnuuncc OF any
cause shall take place Tor f4ilurc TO take any ru,
thereon, or for mspleld aiding therein. but the Same
snail stand as If continued until properly proceeded
N, or until the proceeding shall be amended or set
aside or lie Su; Dismissed Tor want Of proper amend.
mCnt.
2i. Every answer or other plea, or such part Of
any answer other plea snail put the cons,dcra
ton or execution OF any deed in issue or the ma kim
OF any bill. or note, the assignment OF any such
deed bill or note shall be verified by ua tn or firm
alton before The same shall be received or ill, d.
PROTEST.-yFe invite the attention of IN,
Public to the following e&tract from the Journal
Of the Senate OF Virginia:
William IT " CirtS, Es1 Il Senator from the
District composed Of the Counties Of Fairtax and
houdoun, entered the following Protest. against the
amendment to the b'ii' entitled AN net, to ncorpo.
rate the Staunton and Potowmac Rail Road com
pany'" which was proposed by Mr.. Dro,nr,ole
and agreed to by the Senate, on Saturday last
"3nd provided, also, That nothing in tits act con
famed shall be cons fsed 50 Us TO authors the COM
empower the Staunton and Putuwmac rail road com
pany to receive any subscription of stock on The part
OF the Government of the United States and should
the said company permit or rccsve any subscriptions
all rights and privileges herein granted, shall there
upon cense and determine"
MUTARE VEL TtAIERE sPERSo
&c Government of the United States from its foun-
daton To the present time, has claimed and exercised
the power, either to make 10 aid IN the construc.
ton of works OF Internal improvements. The mes,
enlightened Statesmen of all parties including all ,r
Otr have led Nc Z,
Legislature of Virginia has done much 10 sanction the
construction. and invite within her border the an.
pllcatIon of Federal Funds. In the winter OF 1876
and 1897 Legislature passed certain Resolutions.
which sought to establish opposite construction Of
the constitutional powers of the General Government
How far these Resolutions have contributed to the en-
couragement OF the multiplying doctrines of a Sister
State, how far they intended to pave the way
for the adoption of the princpi' embraced in :lis
amendment, would, here, be Improbable enquiry.
II will be sufficient, for the present OCCASION to re-
mark that these Resolutions, not having the binding
force effect of law, the minority in this State were left
free TO indulge in their own opinions, and to receive
from the Federal Government any aid which they
sht consider themselves legally and constitutional
y entitled. But minority ot the Senate have done
by law, that which could no: be effected by the for.
mer Resolutions Those resolutions argue the ques-
on and persuaded the minority give up their MIN
ions, This law, without argument or persuasion,
mands them. If they shall still refuse surrender
their opinions, and renounce their just claims upon
the General Government they are told that they shall
never have from the State Legislature, an Act
OF incorporation to construct roads, which trans
port their crops to market. If ih,s huniating coul
ton be complied with. they told that their
rights aHd privileges, in such of Legislative
protection, ''shall thereuPon ard determine"
The Allowed objects Of this amendment rs stated By
the mover, "annjhille the power of Congress
this subject, anil 10 preserve citizens from
the cnntamnaiInS influence Of the unconstitutional
acts Ut the General Government"
There is ccrtlniy wide difference, between
multiplying the power OF Congress TO pass law,
and multiplying the law after !; is passed The former,
is the doctrine ended for in the amendment. The
lattor, is that conteDdcd for in South Carolina 70
bpn J avn decidedly opposed DIt the Il -. by
which, the fJrmcr Is to be accomplished, more
objectionable, than thn-c, wLich have bcin rnd,ca-
tel, for the accomplishment III The latter The
power of Congress over this sur ic;" is 10 DC an
initiated. by lpgislatnE the minority ont OF their
conscientious convictions, that Congress has the
! power" To aid iheIn IN their pltio'Ic aud llulubc
cif-rt, to construct works OF public AMI gre raj
utility. AS Citizens ne Union. contributing Tn ,ir
fair proportions & the public purse. they believe that
they arc entitled. with o'h"r citizens. Of other
States fair participation ~ the Legitimate dis
buracmcnts OF the common treasure. fJey believe
that they owe 20 the Federal G1vernmcnt the
same alieriancc. that they owe to the : ale Go
vcrnmen,, and they lee! for both, a Ike affection
They believe that they equally hound u
sustain these Governments, and that they
have IN turn, equal claim upon their patron
nce and support, ~ Their respective spheres Of
action But this amendment demands as the price
of an act uf Incorporation from the State Govern
inent the surrender of their opinions, together witt
their pccuniary rights an1 privileges IN the Fedora
+. Government.
The amendment is intended also to preserve them
against their will, from the concentrating irncnc
of the unconstitutional acts Of the General Govern
rncut."
4 Thus, have the Senate. considered 10 cEpciiru'
by an Act Of Assembly, TO prescrbe Cor tie un'r
particular Sprms on thought, aud Of action. to pre-
ycsyc them fiom concentrating iuGuoucc whic
they cherish wi,h ali the foudaoss of an ardent am
devoted patriotism iIrucci'rh, would this hrunc
NJ the ,.u.,iurc restrict them their opinions,
r. The powers Of the Federal Government cover thi
h subject" according 10 Che provisions Of a."
entitled. AN act, 20 Incorporate the Stauu
, ton and. Potomac Eal Roai Company Th
, amendments is the work ~ majority Of The Ser
/, a'c who rc7rc-rn majority o. tic people. Thst
particular ,tucut-, vra presumed Nv sanction Oh
rci They then. urc NOT to DC Tho suic crs; buf no
n amendment, e. prnciplos 7ad US consequences. 20
to- operate upon the minority The nuoIilcs, H th
\ State by whatever parry appeiaiou- the have beer
nod hnvc M an tinlns h.cn IlcN wilkins OF