The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-12-12

tive functions, 1 think it is no disparagement
to them to say that the same tribute may be
paid to the CO. ordinate 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. t.=
| Whilst admit that legislation must be be-
gun In the General Assembly, and that such
1 q matter as
| THE STATE DEBT
| properly belongs to 1t for settle menf, yet
examining the extent OF its auth' rity, as de-
| fined ir the Constitution, which is the maker
| both of it and its authority, 1t 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 responsible
| ties OF coordinate departments. A Dill
passed by the General Assembly is not law,
however much Its wisdom learn ing, and pa
triotism may respected; and the execu-
tive and judiciary departments of the Cow
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 soleaon oaths OF
office. II the makers OF the Constitution in
tended that the action OF the legislative de-
| partment of the Government should De
law, binding upon every individual and every
department. without further fornlallty, they
would have so written it IN the CHART. fhen
| no man would have disputed it, bqst all would
have bowed in cheerful ohedier ce4 bt they
did not. In their wisdom, see fit sou TO- Jain;
and it would be far from becnmir8g u .UNse
no stronger language, for those Win a a,,is,ns
Office, and bind themselves by constic> s;ser
/ nhliuutinnc fo RI ohorrr ,tu dr,tin
ably and fathlessly forego responsibility.
and by their action or non action overthrow
the Constitution they were sworn and ap-
| pointed to defend. And when those duties
are, performed fearlessly, however much l
may differ, or however, differently l would
in similar case have acted, must have very
strong proof before I will rutblessly assall
the actors. thus doing gross injustice to wor,
thy men and unloosing the bonds OF GOOD
| government. give the General Assembly
credit for having been honest and faithful,
as know they have been diligent and la
| borious.
| Rendering this tribute to the General AS
sembly, am none the less willing to signi
fy 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.
CONSTITUTION 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 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
| fbpp 10 tha iulUpc i'm FACT
well as name, and we cannot make ourselves
judges without constitutional or legal au
| thority. Chief Justice Marshall said, among
| his last utterances, near the end OF long,
useful and glorious life, in tl,is city, and be-
| fore one of the 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 ungra'eful and sim
ming people was an ignorant. corrupt, or
dependent judiciary" Next in fearfalness
is to undermine its authority and weaken its
influence, judicial and moral, among the
| people by groundless aspersiOns upon It's
| character or ignorant attacks upon its judy
| ment.
1t seems to me, with diffidence and def
creme, that it would be well for US to attend
to our duties in the light of our best under-
standing and conscience, and give full cred
| IL W oIIlcIS LOE IiIC Sdtuc HiSli ulOpifOos 80
| would be equally well for us to remember
tnat, however high our position Or great our
influence, we 40 not III ourselves constitute
| the Government. Such was not purp0sely
| the intention of the trainers of our c0nsti-
tutional republican form OF go"ernment.-
By this division of power they proposed to
perfect freedom. And it is only by preserv:
ing their design that we can see the beauti-
full working Of parts in one entire system,
anu the abatement OF what l believe We
have so much at heart.
With these great principles in hand, the
truth and importances OF which | am sure
will not be disputed, there is not only no
necessity for distraction and discord, but
| every reason for concord and harmony. An
cry words ON one side or another do not
| make unity; nor are they ever followed by
conviction. The public welfare is too tow
ering to allow private feeling to long inter-
fere with this triumph. 1t is impossible that
there should not be some common ground
upon which the departments OF the Govern
ment may come together and stand. giving
up differences for permanent sterling re-
suits, and showing how the wisdom of our
sires has not and will not be falsfied in the
! experience of their sons, and how these
lately conflicting departments, Instead of
| being the cause of hopeless dissension, have
been the means of bringing into peace, d.
verse interests and opinions, thereby secu-
ring uniform and sure justice. This has
been the case more than once in the history
Of this republic. feel in my heart that it
will be the case now in this trouble OF Vir-
GINA.
1t might have been well could the depart
ments have agreed upon the course to be
pursued, to ensure final and just conclu-
SION OF this troublesome subject. That, it
seems, could not be ard because it could
not be, should we d. spair and pronounce
legislation futile, and demand some other
arena and champions upon and by which to
decide it? think not; especially as the
arena will be no broader, and the champions
no more powerful than those who have the
matter now in hand.
do not believe that there Is any.
| aoRDIAN KNOT
which cannot be cut, or any problem so in
trcate that it cannot be solved by calm and
quiet legislation. However much the differ
epI views may seem TO conflict between the
different departments, or between members
Of the same department, will not surrender
my faith In the wisdom with which the gov
ernment has been framed, and which | be-
lleve is equal to the solution of any problem
that is likely to arise in our States expert
ence !; indeed, l will 90 further, and assert.
thai is not more likely to be solved rightly
| NY TedSUu VI Gut utVeISC WINS IcsulLluS
from the various sources from which the
Judgment is enlightened, each gathering
knowledge and wisdom from different stand
and each under the same heavy weight of
responsibility.
These are the lessons which are taught by
the history Of governments like ours on this
continent and beyond the sea, and al ich are
the outgrowth of many experiments and
many failures. think the rise, progress anu
present status OF this SGate-de5t question is
another evidence Of its truth.
, 1t presents Il very different aspect from
what it did twelve months ago. Men were
angry then, and attributed difficulties to The
/ subject which really sprang from their own
erroneous or uncertain views or inisappre-
tensions of the views Of others. The Cen
eral Assembly met after heated canvass,
and the subject went before them in cha
otto form, and weeks and mouths We're spent
in discussing points that were under broader
light regarded and treated as irrelevant or
I false.
Upon the General Assembly fell the duty
oe tfc "a