The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-12-05

who holds office h0tQs AZ Under tue Consul
tuition with its grants md limitations. IL
any such is willing TO surrender TO another
single duty, he has already foreswosn
himself, and Is unworthy the trust he has
assumed, care not 90 what department OF
the government he may belong, Over us
b0ldiHg Office, high or low. sis the ConstIsu-
tion, in which is expressed the symbol OF
order, and harmony, and safety, aiid peace !;
and no man is worse enemy TO It than ne
who holds office under It and can be driven
srom The performance Of its duties by clarnor
and aht1se. ). NJ; s. l3 + 81 !.
Il Indeed, / can imagine no greater ,wunt OF
worldly wisdom than sauch q course would
Indicate, however plausible in. o eursorY
view might seem the advantages. Nor can
I conceive OF any greater want OF decorum
and taste, to use no stronger Language, thar,
for those who hold office In one department
OF the Government TO mistake abuse for
argument, and think by such means to gain
an end. Public opinion always ultimately
weighs these in an even balance. Hence [
give others filling public Office credit for
honesty and patriotism, as / do to this Gene
raj Assembly OF my State, and am not will
Ing TO believe TINT any future one can more
ably and honorably settle this difficult pro-
blem which now so embarrasses and cramps
her growth. As they are bold and honest
In their views OF policy, ] am very sure they
will, like bold and honest men. give credit
to those who are compelled to different
views from motives Just as high ana pure,
and under obligations Just as binding.
The General Assembly, at its last session,
performed its work according to its views
OF the Constitution and justice. l will not
assaiI, or even in the remotest way impugn,
its motives or any OF its members, whatever
may have been their action. j have no
right and would take no pleasure in doing
so. But acknowledging their faithfulness,
honesty, and energy In the discharge OF
their legislative functions, think it Is no
disparasement to them to say that the same
tribute may be paid to the coordinate de-
partments Of the Government. They had
no selfish interests to serve, could we sup
pose them susceptible to such influences,
and had only. like your own honorable bo-
dies. the veal OF the Commonwealth at
heart. .st .,;T ~.
Whilst T. admit that legislation must be
begun in the General Assembly, and that
such q matter as ,.....,
+. ,a :. THE STATE DEBT .-.-..:.
properly belongs to it for settlement, yet
examining the extent Of lis authority as
defined In the Constitution, which is the
maker hSeh OF it and its authority, it would
be contradiction in terms to say that its
edicts are TO have the force Of organic laws,
and in effect wipe out the duties and re-
sponsibilities Of coordinate departments.
a bill passed by the General Assembly Is
not aIaw, however much its wisdom, learn
ing, and patriotism may be respected; and
the executive and judiciary departments OF
the Government cannot soregard it, now
ever much it might afford them temporary
relief from trouble aud annoyance by the
base surrender OF their conscience anu
Judgment, and thence the breach OF their
solemn oaths OF office. II the makers
OF the Constitution intended that TIE
action OF the legislative department OF
the Government should be law, blnd!nS
upon every individual and every depart.
ment, without further formaitv, they would
have so written it in the chart. Then no
man would have disputed it, but all would
have bowed in cheerful obedience. But
they did not, in their wisdom, see 1T soto
ordain: and it would be far from becoming,
TO use no stronger language, for those who
assume office, and bind themselves by con-
stitulional obligations to discharge its du-
ties, to miserably and faithlessly foreeo rd-
sponsibility, and by their very action or
non-action overthrow the Constitution they
were sworn and appointed to defend. And
when those duties are performed fearlessly.
however much may differ, or however
differently I would in similar case have
acted, l must have very strong proof before
will rutblessly. assail the actors, thus doing
gross injustice to worthy men and unlooS-
ing the bonds OF good government, ,1glve
the General Assembly credit for having
been honest and faithful, as know they
have been dilgent and laborious. 49,. .
Rendering this tribute to the General AS
semblv, am none the less willing to signi-
fy nv respect for the judiciary. They de-
rive their powers from the same source.
Composed OF men chosen by your prede-
cessors for their learning in their profess
sion and exalted worth OF private charac-
ter, they are filling the most sacred office in
the Commonwealth. -. - ..-.y,f..
CONSTITUTIONS AND LAWS ARE GENERAL;
the DEGREES OF courts are specific, and go
with searching force to every fireside. II
they are composed OF good men they ought
to he sustained by all good men, whatever
diversity CT opinion there may be with re-
gard to the correctness OF their decisions.
When acting within the purvew of their
defined powers they must be the Judges
in fact as well as name, and we cannot
make ourselves judges without constitu-
tional or legal authority. Chief-Justice
Marshall said, among his last uttcrances,
near the end of Il long, useful, and glorious
life, in this city, and before one OF tile most.
august assemblies that ever met in this or
any other country, that he always thought
from his earliest youth that the greatest
scourge an angry Heaven ever inflicted upon
an ungraterul and SHINING people was an
ignorant, corrupt, or dependent Judi.
ciary.'' Next in fearfulness Is to under
mine its authority and weaken its influence,
judicial and moral, among the people by
groGndless aSpersiOns upon its character or
ignorant attacks upon its Judgments.
It seems to me, with tditfidence aud de-
ference, that it would be we'll for us to at
tend to our duties in the light OF our best
understanding and conscience, and give full
credit TO Others for the same high motives.
l. would be equally we'll for us to remem.
Der that, however high our position or great
our Influence, we do not in ourselves con
stitute the Government. Such was pur-
posely not the intention Of the trainers OF our
constitutions, republican form OF govern.
ment. BY this. division Of power they pro-
posed to perfect freedom. And. 1t is only
by preserving their design that we eau see
the beautiful working of parts in one entire
system, and the attainment OF what / be.
lieye we have so much at heart.
With these great principles in hand. tho
truth and importance Of which am sure
will not be disputed, there is not only nc
necessity for distraction and dtscord, but
every reason for concord and harmony
Angry words on one side or another do moi
make unity; nor al they ever followed by
conviction. The public welfare is too tow
ering to allow private feeling to long inter.
fere with its triumph. 1t is impossible that