Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-08-29


:T1ncE The course of Judge Underwood in
The railroad case lately before him Is much COM
mented on throughout the State by the press
and The neople, and the appearance OF General
Wells, holding by military appointment, the
Office of Governor of the State, as counsel IN
case argued in y. 8. Court for the overthrow
~ the judicial decision Of the Courts OF the
VIRGINIA, severely censured. A letter dated
Alexandria, August %, signed A Freeman, Is
nnbIisbed in the Richmond Wing, in which
the writer expresses himself warmly on the
subiect-but, in accordance with the general
feeling We make an extract to show what Is
thought and said in relation TO this matter:
"A case had come up in relation to the Wash
inpton and Alexandra Railroad, III which
Judge Thomas, OF the Alexandria circuit, had
pronounced g decree. Appeal was taken to
the District Court at fredericksburg, aud the
unanimous court. Appeal was then had 10 the
Supreme Court Of Appeals at Richmond, which
unanimously sustained the decision OF the two
courts below. Judge Thomas, as in judicial
duty bound-if he had not done it he would
| have disgraced the judicial functlun-5cnorced
| the order Of the Court OF Appeals by appoint
! ing receiver and ordering the sheriff to take
| possession of the railroad and It's effects.
On Injunction prayed by Adams's Express
| Company, the question was eIaDoraicIy argued
whether Federal court OF subordinate grade
had Jurisdiction over, and could set aside, do
cision of State court of last resort.
Judge Underwood maintained The Inr&!lc-
ton, and set aside the decisions OF the Virginia
Courts, remarking, when reminded OF Inc effect
| Of a dead lock conflict between the judicial au-
| thortiea of the State and the United States,
that consequences might take care oil them
selves.
What the legal merits OF the case may be, Is
not what it is proposed now TO consider. What
the attention of the people Of Virginia Is called
to, is the fact that he who is acting as their
| Governor, receiving the salary, onioying the
dignity, and exercising the various functions OF
the GubernatOrial position actually appeared
! in a Federal Court, and made an elaborate II
| punlcnt to induce the judge Of that court 20
degrade the judiciary Of the State he rules over,
| bv treating with contempt and stamping With
| uullity the solemn adjudication OF her highest
| appellate court
Instead OF guarding watchfully the honor
and dignity of the State, and with becoming
tlclicacy guarding them the more s0hciLOu&iy,
| that accident and not the popular choice, had
placed him 10 the Gnber1atOrial station, he al
! lows himself to become an employed attorney,
and for iee--for moncy-tO degrade hor TIT
| bunals.
Whether Governor Of State should ever
| combine the duties Of practising attorney with
| those Of the supreme executive, may wei! be
| questioned THERE'S neither fitness nor dlEnl
| ty in it; and it may be we'll a subject OF boast
to all Virginians, that never until tins cVl! hour
| have the gnbernatorlal annals OF their State
| been marked by tllch a stain.
| A Governor Of State III actual antagonist,
cal conflict with that State entircd BY Ice
tc take sides against her for 4 lee letting down
her dignity and impeachlnG her consequence ::
| The idea is abhorrent
| Gov. Wells was not only IN employed conn
sci against his State, but in the conclusion oI
his argument expressed the opinion and the
| hope that the time Woud be ere long when
| there would he no contention between c0uillct-
| ing judicial Jurisdictions which, being inter
preted," means this and naught elsc--that n
triumphant RadicaIism will soon have liz day,
| when State courts will be absorbed and lost III
| the supremacy OF the Federal judiciary, and Il
centrazaliOn mauguralcd, in which all State
entity will find 4 crave to ''Slcep IT'S last sleep
| in" ami which will eyeutuaie in desFotlSm
! without ~ parallel in the whole history Of hui
man oppression and human aerviludc, and too
accursed to be borne by any but sprlIess AMI
craven slaves.
And yet yon, people Of Virginia, are asked
| to make Inns man your selected Governor,