Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-25

M ~, b the authority of tho Supreme Court
I'LL have called out either the REGULAR army OF the
il;t;a from some other quarter and what tnen Wouu
hya the rcsulti Blood shed would have been the result
and then where would we nave nech -'o" t''S 'nii
,ar occur again. and am unwilling that, in case 81
at L;nJ the governor should have tho power to Jcop
IL. III. very existence of the Union. am unwilling
LIT IN any case it should be left at the discretion OF
any sinrlc ind, idua to light up fire which may Co"
,n,o til, Glorious Union itself. have put this case, lr
addition 20 Others that have been mentioned by gentle
mo-, to show that there may cxgoncy Of this Aind
misc even in times Of profound peace, which woulG
render il improper and dangerous olnves any one naI
with this p,wor. The power must be somewhere, low
eyer and The question then Is who Is To exercise II II
seems to Inc tie safest course Is to commit the whole
matter TO 10 the legislature. where the popular yolc'
can he heard So that if ii becomes necessary I,
nlace ,his old Commonwealth Of in collision viii
tho federal government or any other government il
he lone in accordance with the popular voice Of til,
commonwealth There should BE- careful consideration
full deliberations earnest inquiry aud deep thought, be
fore such Il course should hc decided upon but once
decided upon bv the people Of TIE State, whit woul'
h. Tho action If the legislature: They would ut ono,
rive The governor the power to call out the militia .
the State There is no difficulty about that. But III,
question Of invasion difficult question, and woult
,r<ier that the word invasion should he omitted from t
pcvcrs of the governor 10 be conferred Oh him eithe
lw ordinary legislation, or mn attempt 10 incorporate il
into the constitutions It is c1uivocal when applied Il
foreign invasion; there is IN difficulty about it, But
where are We in Virginia. and what IS the state of things
which exist around us: dislike to refer to then
.: they exist now they may he made to exist III
i,.. weeks hence. What may 10 IL, awful character o.
the cXircncy or crisiSto Use modern phrase-wlcl
rIy be upon Us in short time Do not choose to ~
low this !ca out, but there is III this body who
viii permit his thoughts Ia go forward little, who Will
not perceive ut that We may be placed in imminc
danger, to say the lea t. Of the most deporabr occur
relce- If give this power To governor, elected or
four years, by mere mistake even. to do what 10
lead to state Of things that will draw blood! woad
prefer that the Legislature by law should give the power
4: once i'll those plain cases, that produce no dan
ger-thai o! suppressn@ Instruction, and If 1t /,
Thought best within certain limitations, OF enforcing the
csFces o the courtSan thea Whenever the cxigcncr
arises lei the governor exercise his power Of calling the
legislature together. and ask them ycst him. io the
time being and only for the time being with the power
-: c'n5" wing the militia. If it should he deemed nccc>-
airy. The legislature can tau, 10 what canot do III
iic orsac law We must necessarily deal in generals,
! must be brief az concise. The legislature having
It, attention drawn 10 the subject may let to work and
occupy more space in framing the required law They
can guard the power take from its exercise ali danger
aad may make it temporary in It's execution.
Not I" ,ict,ln the committee longer, subnl: To the
deliberate and serious consideration If every member of
this body whether there not dangers, am! not mag.
Gary dangers either, which may load to the mos;
N q! this time that renders il highly incxpe;lient that
We should take lha; power Is not vested in The
hands ol any single individual. c exercise ." wlc! may
~ any possibility lrcciplta:e upon consequences such
these Is ii not better to leave il with the Legisla
ure and in The hands Of the people, 10 be exercised a
they may desire, when the cxigcnccs arise. There can
be difficulty in the where it is rerrra;. to the
Legislature. There will always be time enough for
them To act except III al domestic Instruction,
aud in such cases would confer upon him the power Ia
act it whenever h. is called upon meet crisis al
t:- kind il on.l. To le by the unanimous expression If
the people il possible At least b, such expression
81 the popular will will he unidentified evidence Of the
public feelings for lie will nec sac!i expression III
order 10 carry him through
VI. WISE. would su-gc,. TO the gentleman from
kaEavha, that hc modify his amcnmcnt hy acccptin,
tie amendment Of the gentleman from jefferson, (ir
lrSrrE.l 10 make the clause read He shall have
p"wc: cnbody the militia TO rerc actual invasion
10 suppress actual instruction, and in such other
a. may hc provided for b. law"
Mr. IT. TER. would leave out tc word "nya
SION
Nh. WISE. IA will then have Il definite power with
lie nil uf statute. which will bc restricted by the
ori actual and all beyond hat may according
lh !ra uf ihr gentleman from Jefferson IL; provided
Tor by law.
Mr. SiIt.lFEY. would suggest that the amendment
be- Withdrawn for the purpose Of testing the Of this
commit. lee IN reference the discretionary power being
vested in the Governor II the commit agree strike
tat portion of the section Indicated BY the gentle
man from kanawha (Mr. SMrn) it will be in lis power
/" i'll the blank with such phraseoosy as it may agree
."n -. the test question be IN ocprivns the Govern
Or oi this discretionary power
.r. IL INTER-. viii Withdraw my amendment. Tor
dat purpose
The CHAIR stated that lie question would then
ear nr ir motion TO STRIKE out from the section the
words when in III, opinion the public safety shall
lirc il; division Of The question having been asked
Ior.
Mr.. EDslCND5 The Gaze put by the gentleman
from Jefferson lSlr. H,SrER,) understand it. WAS
this: There was Il conflict between the Supreme Court
OF the United States, and the court Of appeals Of Nr
sni; They entered different judgments and both on
constitutional grounds, the governor Now, II
the duty Of the executive certainly, to execute the
laws The only question: then was, what was the law
Had lie Supreme Court n the United States or The
supreme court Of Virginia Interpreted the law COR
rer.ly
Mr HUNTER. The gentleman will permit me to re-
mind him. that i'll that the court Of appeals took the
ro,.nd that the Supreme Court of the United States
had 10 jurisdiction in tho case !; was case arising
under the treaty ef 1883.
Mr. EDNUNDS. That does not alter the aspect Of
the case The Supreme Court of the United States de-
ccd that they did have jurisdiction and they exercised
IT, Then the question up, what the law of
the State which the governor should executor The law
WIS proper, cxpounded on the side and on the
other which the governor of Virginia must execute at
hi; dscretiou or under the constitution Now. the
proposition Of the gentleman from Jefferson (Sr Iirs
rkRls throw upon the Legislature the Interpretation
If ti, law and the cxccusn of the law. The intcrprc
taion Of the law is judicial function and not frnc
ti,l of lie legislature. The execution of the law is m
* ccuvc function and not legislative one. To adopt
the contemans idea then, would be to say that the
legislative power shall make the law then decide what
the law VIXEN there conflict between the Supreme
Court of the United States and the supreme coart Of
the State and in addition, shall provide for the exeeu
ton of the law trutt the gentleman will the I'M
Imoprcty of throwing upon the legislative department
If the Government the Interpretation Of the law, and
then the execution of the law.
Sir. HUNTER. | certainly lid not argue for any
thing looking the end which the gentleman suggests
j., any simply pointed out the referred to
rs one Of the which might arise. which in my judy
nen Iwould place the executive officer of this Common
wealth in position where he might be able by mistake
on his part cmbroil collision with the federal
government, and that therefore il was serious and i'm
port power 10 he placed into his hands urged that
III eases Of this kind the Legislature should take up each
specific case and decide each By itself hut before n co
sion should be brought between the State and fcc-
RI! government that mi ht end in blooIshed. would
have the Legislature determine tho quez lion If law
hot whether the militia OF the State should be embodied
la vinica;s H. Indeed would rather require u Con-