The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-04-12
Masseyisn.


NJ. 40 MT wonder that Mr.. MASSEY and
IN friends are restless under the charge
ira, he 10 playing In Virginia precisely the
hivher-Iaw role which WILLIAM II. SEWARD
once pvayed on larger stage. The charge,
howeycr, Il not merely true In measure Out
40 ~ fullest extent. The Supreme Court
OF Appeals decided In case from TINS c''y'
a which no intelligent man ought 10 DC
ignorant, the very point which Mr.. MASSEY
raises "a his circular fortidding the COZ
Iectors Of the state revenue to receive cou'
mons for 30 much Of the taxes as must ~
into the school fund.
Before going further. let US s"y 'oa' '"s
uxxxxr. bill protects the schoo! I"no' ano
.s., The coupons will all be paid into the
ss...,rv even II Mr.. MlssEy's circular De
carried out. The coupons maturing anoual'y
now amount to only about si,l2o,eV' AM
the school fund set apart every year 10 'esa
than $500, 900, whilst the sum totsi OF ''oe
taxes Is over S2,soo,0oo. Last year u "as
over a. sec, 900. II is pain, therefore, 'o''
whilst Mr. Massgr's order may OCCASION
nnnoyauce TO the taxpayers com' ~'''''s
,ner, N divide their tax-bilis, and LAY on
r,,, I'm cash and leaving them to pay 'Vss
other part in couposs. it WIN give tue Sca'i
holders little or uotvouble.
The way says tina, nv. MASSEY bass ni'
srs,rpc.icus to the collec.crs upon the'Con'
s,,tut,ou, that he "entrencbes h'rnsoH DC
Mind the Constitution and laws" To b'
vure me does: cut in deng so he does mo-
accept the Constitution "a 1t Is expo"nueo
nv the courts, but a. ne construes IL. ne
set. bis construction OF the CONSTITUTION
.hcve that Of the highest judicial tribunal
IN the state. This Is higher-lawism IN its
,nost offcxsjye serse. II Is crime IN 0
state officer to teack that every man IN the
community Is at liberty to put his own con-
struct,oa upou'the Constitution ana 10 ois
obey ne judicial tribunals whenever M
considers their decisions wrong.
BY way OF cxcusing the Auditor' tn'
Nlh;o tells us that the Court Of Appeals has
no, decided itsat coupons and bonds are
exempt from, tsxaiion. Wedid not say i
had. IL is possible that that court nigh
decide that eren the NCCUKGoCH-bili bond
are taxable. We say nothing as to that
But we do say that even as to these TIT
Droper course for State officer to pursue
is TO obey The law as it Is written unii' tn'
courts decide IL 10 be unconstitutional. MI
MASSEY bias chosen TO do otherwise. Ia
has presumed to usurp judicial functions
t.I hal no
is unconstitutional. What right bad ne IL
do so? None IN the world. III IN
had been trained as lawyer, ht
would never have been gully OF such
a crime. He has no more rigbt to declare
law unconstitutional than has Mr.: KEY
HOLDS, or Mr.. Dyson, or Mr.. WALKER, oil
the lowest officer in Virginia. II Mr. MAS
sEy has the right to say that he will not
obey law because he considers 1t uncoBst''
tutional, then every officer in the Common
wealth, from the highest to the lowest, has
the right TO construe the laws for himself,
and to obey only such OF them as he NAV
choose to obey. Such teaching leads to an
arehy. It would destroy all government,
and render the community the prey OF The
vicious, The ignorant, the faDaiical. thu
degraded, and the lawless. The Mormon
official. in Utah excuse their violations Of
law by pleading that MormonisRo is d re
ligiop. The fanatic 10 Massachusetts, VIII
lsst year sacrificed bis child, claimed that b'
had acted In obedience to divine law
Bot why argue sucn poin,t No executive
officer. no ministerial officer, no perso'
whatever, except the dnly.autborize'
courts, has right 10 set aside ias
ana say he will not obey 1t because
a. unconstitutional. Judge NONCuRE him
self eanuot do 1t. He must have hi
court with him. Mr.. Massey can n
mere be justified for doing 1t than could b
the most abandoned criminal in the peni
Tertiary. il he has the right, every man
high and low, in The Commonwealth ia
the right. But no man has ans such right
When Mr.. MASSEY took the oath TO supper
the Constitution OF Virginia, he sw"r
ia eject that he would support that Const
tuition as 1t was interpreted by the courts
Such Is the oath OF all officers. Some pee
pie bold that our Sunday law is ia yiolato
of the Bill of Rights. which is part OF tt
State Constitution does the wig preten
to say that Oily or State officer holdin
this opinion has the right 10 declare the la'
unconstitutional and refuse to obey II?
Let the peonle ponder this subject. Ii
them forecast what Mr.. MAssEY's higher
law doctrine will lead TO II II Is not d.
nouuced by them; and let them reanke bin
in such manner as that he VIII never FOL
get their righteous indignation.