The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-11-10
FROM FRANKFORT,
From The Louisyllle courier.I

The conpenors The Court Of Appeal case E,eeto. o.
al YTsic ases,. ~ es people tirsizis TSTnar,s,i.
To rHE EDIToR Oh TBE CouRIRR:
| once heard OF q man who whilst riding on
horse back and having rather overchaIge Of the
"cntier," tumbled from his horse 10 the groupd,
and being asked by his little why he done so,
answered be fell off 10 get on better Such is The
condition of our State Convention at present At
ter five weeks Of loud and incessanl talking, and
ia state of admirable confusion, the Convention
consolidated three committees into one grand CON-
intteee composed of thirty members, 10 whom the
Judiciary department has been committed. When
or how that committee will report is beyond INV
knowledge or comprehension.
From all can learn In conversation with r,em-
beIs, the proposition 10 branch the Court of AID.
paals will not be adopted as reported by the com.
miiiee, but that q compromise will be effected by
sulhofising the Legislature 10 do il whenever 10
It's wisdom il shall think proper. That would be
| The most prudent and safe course 10 pursue; be-
cause after making an experiment, and il was
;ound moi TO answer good purpose the law might
be repealed.
Although public sentiment seems 10 demand
tLat all officers, executive, Judicial and legislative
shall be elective, greatly fear lis praeticsl eff
lects will not only be inconyenient but demcral-
ting. TIE country will be oveuun by an army of
candidates soliciting the sufffages OF The people
Tor The thousands Of Offices 10 be filled by popu-
It elections. The Office Of Governor will hereaf-
ttr be nominal affair. IL will be stripped OF
nearly all the powers exercised under the present
Constitution. The salary will, as matter of course
Dc reduced, and any honor which has heretofore
oeen attached TO the place will be lost. The cleo
ZION of a Governor under the new constitution Will
De ieeler OF the strength OF parties nationsl
politics; and he will occupy the position OF mere
teaser OF public sentiment. The owners Of a GER
tain long cared animal know what mean by the
word.
lhaye just read communication In the Jouna |
over the signature of"filius," in which the au- |
thor iwho is doubtless one OF the "frst famIes")
indicates the State OF Virginia from what he calls |
The "saIcasms" of The Journal res eciing tounh. |
ments, which il seems the VIgini ms now resorl |
70 as one OF the means of killing time. In defend
Hg The Od Dominion, the writer has attempted 10 |
carry the war into Africa. he throws out his SAL
casms against Massachusetts for burning witches;
against Connecticut for her blue laws; against
hhode Island Tor her DoTrism; against New York |
Tor her anti-rentism; against Pennsylvania for re.
belllng against the tax whisky; against Illinois
Tor her mormonism; against Sou Carolina for null
against Mississippi 70 reputation, and
ae alnst Kentucky feT having two courts Of appeals
al the same Time. Virginia, IN the opinion OF
"filius, has never been guilty of any such fool.
lsh acts as the States above named. No, no! the
Old Dominion has always acted with great wisdom
aud forethought, and the conclusion is that the
young dlers there and elsewhere have the undoubt-
ed right 10 play at tournament, (which believe
means mock fight or military spoTt,) whenever
and wheresoever they choose. BE il so. None
will complain except tae editors Of the Journal
But II true that Virginia stands guiltess of the
offence OF nullihcstioni My understanding OF the
history OF that political heresy is, that il orginG
ed in Virginia. The Nullhers of South Carolina
have always relied on the Virginia resolutions Of
9o as containing the creed of notification, and
such understand is the generally received Opin-
ION throughout the country. The passage Of the
resolutions WAS the act OF the legislative depart
l.ent, and that department has been sustained by
ne judiciary department OF the government
ShoTily alter the close OF the revolutionary war,
perhaps in 1876, the Legislature of Virgins passed
m act, the object OF which was TO forfeit the It'll.
)i the deysee of Lord Fairfax To the waste and I'M
iP )ropristed lands in the Northern Neck of thai
State, which had been previously granted TO said
Lord Fairfax. This act violated the treaty which
'uG government made with Great Britain in 1888
he Virginia Court Of Appeals sustained the legis-
alive act OF cOnfscaton and in effect nulifed the
TeaIy. The cause was taken to the Supreme
Jourt OF the United States where the provisions OF
he treaty were sustained, and the judgement OF
he Court of Appeals of Virginia reversed; but the
after Court Te5eled against the authority Of the
supreme Court OF the naton declared the 25lh sec
ion OF the judiciary act Of Congress ofl7S9 uncon.
aud void. The authority OF the Supreme
J0urt was however maintained by directing its
MARSHAL 10 cauy lie mandate into effect. regard
he act Of the Court OF Appeals of Virginia as an
'veu act Of notification, disreputable TO the State
md It's constituted authorities, and such doubt ,
lot will be the verdict OF postrriy. The consttu-
ion, laws and treaties OF the United States are the
supreme laws Of the land, the constitution and !
Tvs of any State TO the contrary notwithstanding
70 maintain them 80 such, Congress al its frsl
ession after the adoption of The Federal CO-sti.
utiOn, passed the celebrated act o. Ils9 The 25,h
eciion OF which authorised an appeal from the ,
highest Court of a State 10 the Supreme Court o.
he United States, ia cases involving the VALIDITY
Il treaty or act Of Congress. And but for thai
y elton Of the act, the present constitution would
e like the old articles Of confederation, ga rope
4 sand" A repeal OF that section would in liz 4
fleets and tendencies be q virtual dissolution OF
his Union. regard The opinion Of the Court OF e
Appeals OF Virginia as virtual repeal of the SCI
o tar as that State was concerned. II NirsnianAs !
be right 10 declare treaty or act Of Congress \
ull and void, go hiss South CsIolins. The Courts
4 the latter State would, if they could declare all
Avs laying duties on foreign goods imported into
his county null and void, and If followed by 9th.
= States, the treasury Of the United States would
Don become empty. So much for Virginia Multi. ,
lcaion and her authorship OF thsI detestable doc
rine. hope, however. that her cons IN Kentucky
md elsewhere, may be permitted 10 play at tournd
nent tmock hfhting) without let OF hindrance
rom any one. LOBBY MEMBER.