Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1878-12-10

- " 80 II 49, a5 g. = ~ -
the only form in which the germ and shirt
OF liberty can be preserved. The man who
holds office holds it under the Constitution
with its grants and limitations. Ii anv such
IS willing to surrender to another q single
duty, he has already foresworn himself. and
is unworthy the trust he has assumed. / care
not to what Department. of the government
ne may belong. Over us holding office, high
or low. is the Constitution. in which is ex-
pressed the symbol of order, and harmony.
and safety, and peace; and no man is worse
enemy to it than he who holds Office under it
and can be driven from the performance of
its duties by clamor and abuse.
Indeed, can imagine no greater want of
worldly wisdom than such a course would
indicate, however plausible in cursory view
might seem the advantages. Nor can / con-
celve OF any greater want of decorum and
taste, to use no stronger language, than for
those who hold office in one department Of
the Government to mistake abuse for argu-
ment, and think by such means to gain an
END. Public opinion always ultimately
weighs these in an even balance, Hence I
give others filing public Office credit for hon
esty and patriotism, as do to this General
Assembly Of my State, and am not willing
to believe that any future one can more ably
and honorably settle this difficult problem
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 and pure, and un.
der obligations just as binding. 'if sd bli.
The General Assembly, at its last session,
o. re rl- 81
the Constitutions and justice. l will not as
sail, or even in the remotest way impugn,
its motives or any of its members, whatever
may have been their action. have no right
and would take no pleasure in doing so. But
acknowledging their faithfulness, honesty,
and energy in the discharge OF their legisla-
: tive functions, I think it is no disparagement
= to them to say that the same tribute may be
paid to the Coordinate departments Of the
Government. They had no selfish interests
to serve, could we suppose them susceptible
to such influences, and had only, like your
own honorable bodies, the veal Of the Com
monwealth at heart. sa1-.7.f r..l, I + ,''.'i'4
8 Whilst admit that legislation must be be-
gun In the General Assembly, and that such
matter as jgsG g. tst sEt El l,-t g. s.{,'l'is,
,a5so THE STATE DEBT pa Ell of 81
properly belongs to it for, settlement, vet
examining theltxtent Of its authority, as de.
fined liz the Constitution, which is the maker
both OF it and its authority it would be
contradiction in terms to say that its etlicts
are to have the force of organic laws, and in
effect wipe out the duties and responsible
ties OF coordinate departments. A bill
passed by the General Assembly is not law,
however much Its wisdom, learning, and pa
triotism may b., respected; and the execu-
tive and Judiciary departments of the Gov
eminent cannot SO regard it, however much
it might afford them temporary relief from
trouble and annoyance by the base surren-
der OF their conscience and judgment, and
thence the breach OF their solemn oaths of
office. Ii the makers OF the Constitution in
tended that the action OF the Legislative de-
partment Of the Government should be a
law, binding upon every individual and every
department., without further fOrmality, thew
would have so written tln 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 fit so to ordain:
and it would be far from becoming, to use
no stronger language, for those who assume
office, and bind themselves by constitutional
obligations to discharge its duties, to miser-
ably and faithlessly forego responsibility,
and bytEieir action or nom action overthrow
the Constitution they were sworn and APP
pointed to defend. And when those duties
are performed fearlessly, however much 1
may differ, or however differently I would
in similar case have acted, must have very
strong proof before will ruthlessly assail
the actors, thus doing gross injustice to wor-
thy men and unloosing the bonds of good
government. Igive the General Assembly
credit for having been honest and faithful,
as know they have been diligent and la
borious. SiGas4rff
Rendering this tribute to the General AS
sembly, am none the less willing to signi-
~ my respect for the judiciary. They de-
rive their powers from the same source
Composed of men chosen by your predeces-
sors for their learning in their profession and
exalted worth OF private character, they are
filling the most sacred Office In the Common
wealth. ,N fa8 ~. t-5sI. RI.
CONSTITUTION AND LAWS ARE GENERAL !;
the DEGREES OF courts are specific, and 90
with searching force to every tireside. II they
are composed OF good men they ought to be
sustained by al! good men, whatever diver
sity Of opinion there may be with regard to
the correctness Of their decisions. When
acting within the purview of their defined
powers they must be the judges in fact as
we'll as name, and we cannot make ourselves
judges without constitutional or legal au-
thority. Chef.Justce Marshall said among
his last utterances, near the end of long,
useful and glorious life, in this city, and be-
fore one OF the most august assemblies that
ever met in this or any other country, that
she always thought from his earliest youth
that the greatest scourge an angry Heaven
ever inflicted upon an ungrateful and sin
ming people was an ignorant, corrupt, or a
dependent Judiciary Next In fearfulness
is to undermine its authority and weaken its
influence, judicial and moral, among the
people by groundless aspersions upon its
character orignoraut attacks upon its judg-l