Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-01-10
RICHMOND DAILY WING.
saTrRpAy MORNING, JANUARY 10. is1e.
cwr,... historical "Reminiscences.

Cur,ons Historical Rcusiniseencc--
IL is useful occasionally to refer to the History
oc IN. Past. 70 hiring to mind many things which
gradually sink from the memory even oil the pro-
c,inent actors themselves. We therefore snhJoh
extracts from the Journal of the House OF Dele.
oates for the session Of 1903. 10, exhibiting the
opinion OF a Democratic Legislature OF that year.
in reference to the powers OF the Supreme Court
or the United States.
HOUSE OF DELEGATES.
DkcENBER Is, 1909
The Governors Message referred to Select Com
r,ir,ec consisting OF Mes.rs Peyton, oey Ca6e' wake
Madison, Holt. Newton Parker, SrtNENsoN hs"uop" :"
Amelia, Wyatt and Riiehie. -.
Jsn H. IslU-Mr. Pey'on, from the Select COMMITTEE
made report. ,. :, -
,i.e i the whole aud agreed report and the question
being taken the House. the report was agreed to @""'
ahHousiy. , r..
die Senate stating that that body had also agreed 10 inc
report uhsninOusiy.
We subloin an abstract of the proceedings OF
the Senate.
SENATE.
JANulRY -. 1910.
commu mic received from the House OF Dele
s.,-. enclosing preamble and resolutions Referred TO
select committee consisting o Messts Nelson Wolfe
u. Sinih. Campbell, and Currie.
Ian % lslU-rhc report the rs IN the House
Report unanimously.
The following is the Report copied from the Sessions
Acts Of lo09-IO
.The committee 10 whom was referred the communica.
ton of the Governor o Pennsy anin, covering certain
Resolutions of the Legislature oi that STATE proposing sh
amendment to Constitution at the United States, by
the ,n,oinp.nt Of an impartial tribunal to decide Disputes
betweeu the State and Federal Judiciary have mad the
same under their consideration aud are oi opinion T
LnaI 10 already provided by the Constitution oil the unltd
.i.s to vii: Tie Supreme Hrt, emnenty quail
ted from habits and duties from the mode oi iher
SELECTION and from the OF their offices, 10 decide the
disputes aforesaid enlightened and impartial manner
than any other tribunal which could be created
The Members Of the Supreme Court are selected from
ahose ia the United States who most celebrated Tor
srlue and legal learning, not al the VIII OF single Ed.
.a hat by the concurrent wishes of the Pr sdent and
ol the United States, they w therefore, nave no
local preiudces and partia'ues
The duties they have perform, lead them necessarily
TO the enlarged and accurate acquaintance with the
jurisdiction OF the Federal and several State Courts ioget
ar sad with the admirable symmetry OF our Government
The tenure OF their offices enables them TO pronounce the
sound add opinions they may have formed without
scar, favor or psrtiallty.
The amendrne nj u the Constitution proposed by Penn
yana be founded upon the idea, that the fede
raj Judiciary WILL from lust ., power, enlarge their uris
dcun the total annhilauon OF the jurisdiction o the
State Courts; that they will exercise their W instead OF
the lao and IhS CORsttfHtiOn.
This argument, II proves any thing, would operate
more strongly against the tribunal proposed TO be ereaed
which promises little, than against e Supreme Court
the before, have
neced h their appointment calculated TO ensure CONN
sence. What security have were the proposed amend
ent adopted thai this tribunal would not substitute heir
sou and their pleasure place o the aD The Judiciary
are e weakest Of the three departments OF government,
and dangerous the political rgs OF the Constu-
thes od neither the nor the s1o'd and even
10 enoree their judgments and DEGREES must Ultimate
iy upon the Executive 81 oud the federal Judi
cary however, unmndul o ther weakness, unmndu! OF
che duty wl sh they themselves and their country,
become corrupt and transcend the limits OF iher usdic
riun would the proposed amendment oppose even proba
BILE barrier in such III improbable state Of things7
The alton tribunal, such proposed 10y Penn
sylsana lar enabled 10 form an idea oi II
description given the resolutions OF the Legs
Jare of that State, would the opinion of your commit
zee tend rather tLhn prevent n collision between
abe Federal and State Courts. IL might also become m
Droses. OF time u aud dangerous embarrassment TO
Ihe Operations 81 the General Government
Resolved LleTeOr That the Legislature OF this State.
do dssppoye OF the Ansndment To the Constitution Of the
UniIed States proposed by the Legislature OF PennsyNs-
mia.
Resolved, also That His EIcellency be Governor be
and he is hereby requested TO transmit forthwith copy
Of the going preamble and resolutions each VI the
Senators aud Of this State in Congress and
80 the Executive Vi the several States in the Union with
request the be laid before the Legislature there
Of"
This looks very much like repeal of one Of
the Resolutions Of '9S.