The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-01-23
state v. Federal. Ezx
80

RICHMOND, VA, January 1S.-The
Senate special committee and House
committee on federal relations, acting
jointly, to-day submitted q lengthy
report and series of resolutions in re-
gard to alleged usurpation Of State
rights by Federal Judge Rivos, o.
the western district of Virginia. ResO-
buttons declare;
1. That the Constitution of the
United States Is in as full force and
yigor as when adopted and ratified.
2. That Virginia in Te-enterng sf-
ter the civil war resumed all her rela-
tions to the government on perfect
equality with every other State, and is
entitled 10 the same rights and powers
and bound to the same duties and
obligations as each State, and her cit,-
zens are equal in every respect W.
der the Constitution with ali other citI-
zens of the United States.
2n. That the United States can only
exercise the powers delegated 10 them
in the Constitution. Within the scope
of these powers the government is
supreme; beyond them it has No
existence.
4. That the preservation of the
States aud the maintenance of their
government is as much within the de-
sign and care of the Constitution as the
preservation of the Union and the
maintenance of the Federal government
and the separate and independent
autonomy OF the States is neces a'y 10
the Union under the Constitution.
8. That the essential and fundamen-
tai right reserved by the people of the
States is TO organize each State as
separate and distinct political society
and to constitute. therein such govern
meGt as best suits their will and pleas
ure and to change the same whenever
their convenience requires it, subject
only to the Constitution Of the United
States and the Laws and treaties made
in pursuance thereof.
9 That the necessary and inherent
condition of this reserved right of To-
cal self-government is the right and
duty Of States to protect life, liberty
and property within their jurisdiction
by laws of their own creation and by
officers of their own selection.
2. That the Constitution of the
United States grants certain powers
and imposes consequent duties upon
the United States which they are
bound to execute and perform, and
that the rights reserved to the States
impose on them certain other functions
and duties which they are equally
bound to execute and perform, and
the United States can no more right
fully interfere with aid attempt to
execute the powers and perform the
functions of States than States can
those of the United States, and any
attempt of either to interfere with the
rights of the other will be usurpstIoh
and unconstitutional and void.
8. That the United States have only the
right to prevent the exercise by States
of the powers prohibited to them by
the Constitution, by pronouncing such
forbidden action void through judi
cial power. But in no case can the
United States undertake to perform
any duty which State should per-
form.
0. That, therefore, all acts of Con-
gress, particularly the civil rights bill
and enforcement set, which attempt to
provide for the performance by the
United States of duties belonging to
States, are unconstitutional and void.
10. That, therefore, the action of the
Judge of the District Court of the
United States for the Western District
of Virginia in assuming the jurisdic-
ton of the cases of Lee Reynolds and
Burwell Reynolds, the parties charged
with crime against this commonwealth
and held to answer therefor, is an at
tempt to execute laws of this common
wealth and regulate her internal policy
in the courts and by officers of the
United States, unwsrranted by the
Constitution, destructive of the rights
of the people of each State to protect
life, liberty and property in their own
way, by their own courts and officers
and ought at once be remedied by
proper judicial action and recurrence
of the same prevented by appropriate
legislation.
II. That proper legal provisions
ought to be made for the prompt and
effectual supervision by the Supreme
Court of the United States of all the
proceedings of the judges in the in
ferior courts of the United States.
10. That the Governor is instructed
Il direct the Attorney General to instl-
tute proceedings in the name of TEL
commonwealth before the United
States Supreme Court, and demand
such protection and redress as that