The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-06
An Ideal Virginia Lawyer.

Randolph Tor "Ran," as he is Familiarity
called) Tucker, OF Virginia, then takes the
floor having "chivalrously las Field cali
ed it, given fifteen minutes OF his time to
the great New York lawyer. One wouldn't
think, as the military-looking Virginian
starts out, that he has held the chief law
portfolio Of the Mother OF Presidents and
filled the chair OF constitutional law in her
University. His broad southern accent is
specially noticeable to the northern ear.
He talks to the "coat" Court q aboat"
(abouD "yo" your honors,. and makes
{. were". rhyme with dare" He insists
that the commission must "hyar" and de-
termine the facta, &c. Tucker speaks
with great earnestness, and makes his
points few, but clear and distinct. He talks
with the learning of the professor and the
grace OF the forensic orator. His notes are
mere catchwords, and were used only once
or twice in his argument OF forty-fve
minutes-an argument which was fully
rounded off by iudicious watching OF the
clock. His speech was singularly free from
the flowers with which Fields argument
was almost overloaded, the most noticeable
being at the point where he asked the ques-
ton whether fraud should be permitted to
crawl with its slime into the seat OF Wash
ington, whence it may spring from its couch
and sting with fatal fang the life-blood OF
the grandest nation OF the earth.
" THE WORD estate"
The definitions OF the Professor as to the
different meanings Of the word ''State,"
used in the Constitution, brought him up
against Morton's bugbear, State sovereign
ty, but he hoped he Gid not trench upon
any opinion OF the commission by inter-
preting one of its meanings as the sovereign
power OF the body-politic. His distinction
OF the two elements which enter into the
exercise OF the elective franchise was as clear
as crystal, and it was view that had not
been preached by anybody in any OF the many
arguments. The elective function resides in
the people; the determinal function is in
the Returning Board. Where the latter
trenched upon the former there was usurpa-
ton. To illustrate: II the head OF a Re-
turning Board told his clerk to take 178
votes from the Democrats and give them to
the Republicans, that was usurpation OF
the elective franchise. And then he went
on to argue that the whole determinal power
did not rest with the Returning Board, but
was complemented by the judicial au-
thority; and the judicial authority had
said in express terms that this Returning
Board was uSurper, and their decision is
conclusive of the question. "H you WON'T"
said he, "go behind the State authori-
ties, ias these gentlemen contend, you must
take the whole Of the State authorities and
not part of them" He laid most stress
upon the efficacy Of the quo Darranto pro
ceedings, and answered Judge Hoar's refer
ence to the er post facto phase that it was
begun in full time before the Returning
Board had begun its session. He did not
forget, as Mr.. Field seems to have done, to
take up the case of the one Republican
elector who was complained Of as ineligible
because heswa ashipping commissioner
Washington telegram to. Philadelphia
Times Us. AT. i.tt' 49, 80 :-:t2 .,hs ! 1"I