The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-12-03

only appropriate tHetf soi,sIsy - * ~s,ts
i,ses without compensation ~ may nos olly
he authorized TO deny them the slent 2, sIfs.
ky Jury when charged with cIllle, puS !
nav be clothed with such ether poWesss W.
municipal limits as would make y IeslI
ism within the heart OF repuoic: = s' s,.Sa
theory is true it needs bus " sao.uss .ss
the State into municipalities Ia otaes y ue'
nriyc the body of the peop.e Oh OF! IlYnE.
such doctrines subyert every PI.hc,pstes =.
free government, IL has been well salu tnat
the Bin of Rights bears the same relation 70
the body of the Constitution as ene so1l 70
the human body. II so permeates tne Con"
stitution and all the powers OF the Hoye,n-
ment that every legislative act, wneIner III.
tended 10 apply to the whole peop.e os W.
ton, or any one Of them, must DC enasssu
Ia us spirit and 10 subection 70 ltsrest.a..s.
The inherent political, persona!, anu pro.
perty rights defined In the Bill OF kignts are
Guaranteed to the whole body OF the peopie,
and 10 every Subdivisions, class, ana inai.
yidual of them. They are guaranteed against
Invasion by any Government, either STATE OF :
,oeaI. or by any department or oflicer' OF
either Government. The entire sovereign
power of the people themselves cannoo. aes
nriye portion or an tndtviduai OF tneiI
number Of any OF those rights, except !or
crime, or In the mode pointed ont IN tine m
strunient which enumerates them. The be-
glsla.ure, In framing local governments aoeS
rot confer the rights thus prev io,lsly g.aran'
teed to every citizen, by fundamental laW'
nor can Il diminish them or impair tnelr pos-
session. This Government cannot oeless.e
what il docs not possess, nor can IL ues.loy
wha. the body of the people themselves can.
NOT impair. Charter governments simpy
proyide easements, facilities, anu processes
for particular subdivisions OF the people, Wy
which their ungranted rights are tae Dettef
protected, exercised, and enjoyed.
Let It not be inferred that Government
should be 80 organized for city or toWn as
to subject it to the rule OF an unrestra'heu
numerical majority. A just republican sys-
tenn ia that which ,impart'aliy proteets boen
nsiorities and minorities; Whteb,in accord
ing eli due powers 70 the ms1orlty, YET re-
strains It from expressing the minorlty. m
eyery proper case 1t arms the minority WIN
such negative power as will certainty enaDle
II 10 protect Itself against aggression II a!-
tempted on the part Of the majority. T.
10 my opinion, government SHOULD DC
provided for all cities and towns ny generai
laws, which should secure efieetuai ana eqaai
protection to ali rights Of person and Q. pro
perty. And In order to effect these ends tine
legislative power OF each municipality shouid
be vested Ia two separate bodies or ooardss
one elected by the entire voting population,
the other by designated taX-paying,or pro-
perty.holdiDg sufragans. AS an mu'
nicipal legislation would require the
concurrence OF both bodies, it would DE
plainly impossible for the body representing
The smaller constituency to inlet any wrong
or OF itself to accomplish any positive act.
1t would, however, by Its negative power
protect the rights Of its constituency, restrain
communistic tendencies, and arrest all ag'
erosion emanating from the numerical ma
Sority. - ~, = ~. ~ -
The principle here annunciated was prac-
tically sanctioned by the sages whose great
minds perfected the Bill of Rights. IL may
be applied with especial efficacy in the pre-.
sentsbnornai condition OF southern poiitscai
society, and it may help to solve the fearfui
social problem which threatens the larger
cities and denser populations beyond this
Commonwealth -. :"
II auy provision of the State Constitution
binders the application Of this principle to
the government Of cities and towns 1t ought
to be abrogated at once. ",t.' +"
-''# ..'' CONSTITUTION.
The amendments TO the Constitution voted
on at the last election were ratified by alarsc
majority, and appropriate legislation should
give them effect. ,.s 49,.
The newly-proposed and pending amend
ments have been brought to my attention on
behalf of the joint committee which ma
tured them. They are cordially commended
as good to the extent of their intended ope.
ration. It was hoped, however, that greater
reduction In the numbers Of the General AS
sembly would be determined on. On the one
hand, it is argued that large legislative bodies
are less liable to be affected by undue infu'
ences; on the other, that larger consttu.
ences will be less apt TO be biased by per.
sonal influences and local combinations, and
in the general will be represented by greater
merit. 1t Is submitted that the exhausted
finances Of the State ought to determine such
an issue in favor Of the smaller legislative
bodies, ut least for some years to come. In
my opinion, the aggregate of both houses OF
the General Assembly ought not to exceed
one hundred members.
recommend that the substance and prin-
cipie of the following propositions be embo'
died In additional amendments to the Con-
stitutiou: r, 8 r,s.,s $500 ..is.
1st. That excepting bills affecting the
right of eminent domain, also such other
matters as ought to be specially named and
excepted la the Constitutionl no special,
private, or local bill shall be passed by the
General Assembly. -, ....
"a. That the power to tax corporations
and corporate property shall not be surren.
dered, and DO bill shall be passed for. the
benefit OF any corporation now, exempt
from taxation except on. condition that
such exemption he surrendered. i,,..,,,..,
Sd. That no railroad or other Transports
ton company shall grant free passes or
passes at o discount TO any person except Of
iieers and employees Of the company. 80 -, g.
4th. Tint the General Assembly may ex-
empt from taxation for limited time to be
named nTthe Constitution) capital invested
In manufacturing enterprises, and the pro
perty Of immigrants. 1,, ,-', 49,.
5th. That the offence of corrupt solicita-
tion of members of the General Assembly,
or of public officers OF the State, or Of any
municipal division thereof, and any occupa.
ton or practice Of solicitation of such mem.
bers or officers to influence their official &c.
ton. shall be defined by law and punished
by fine and imprisonment. -. "a,
QUESTIONS GROWING OUT OF FEDERAL aEE4A'
TfONs. ist5 s2:I ~
The Circuit Court of the United States fol
this State has recently rendered decision
which virtually denies to the Commonwealth
the right of eminent domain In the oyster:
beds, aud IL allowed to stand unreyersed II
must ultimately endanger the revenues from
that source. bsit sl',aii.
In the same court prosecutions are pend.
Ing against certain judges Of election for lille.
gsl irregularities In conducting local cleo.
ton In the city Of Petersburg. 81 !" s1<l
Pursuant 70 my request, the Attorney.
General has taken charge Of all these cases,