The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-09
VINO Nav Construe Laws.

tbe subject Of the power OF the Legis"'u'o
10 decide for itself the question OF whether
;,dges may or may not be elected Tor uh-
oxpired terms. We beg the "h'g anu
"p.v 70 read our article carefully.
First. we reply TO P's interroga'ory as 70
what provision of the Constitution corners
upon the supreme Court Of Appeals the
r;rbt 10 declare an act OF Assembly uncon-
s:itutionaly Section ? OF Article W. OF
The Constitution provides "that the assent
=, a majority Of the Judges elected to the
court Supreme Court OF Appcals) shaii DC
r.o,,ircd in order 10 declare any law null
and void by reason OF It's rcpugnance 70
he Federal Constitution or the Constitu-
f,on Of This state" This language can
only mean that whenever n majority OF
aid Judges shall decide that any such
lsw is nul and void by reason OF
,uch rcpugnsncc, such decision Is con-
elusive Of that fact. On the lSth De
ccmber, 1872. the Legislature enacted thal
..all elections by the General Assembly 10
fll vacancies in tbe Office Of Judge shall be
Tor the uncxpircd term Of his predecessor"
IN er Dorte MEREDITH. 33GRATTAN, the con-
s,ituiionality Of this law was the only qucs-
ZION involved, and majority Of the judges
oicctcd to the Court Of Appeals sand the
law was unconstitutional, because OF its re-
pugnance 20 ihc Constitution OF the state (;
thus expressly fulfilling the conditions Tor
srnnlling laws in this way underline terms
Il .he Constitution. The principle settled
nv this decision was afterwards reafiirmed
in four other cases, and in at least one OF
them al for Of the judges OF the court ST.
ting ooncurred in the opinion. This prin-
ciple is disputed in 10 case.
Nothing can seem more remarkable to
thinking people, then, than that there
,hould DC . discussion now rs to whether
nudge can lc elected in Virginia for less
than the full tenn prescribed 10y the Con-
siitution. that matter having been Sett'edn
The manner prescribed by The express
terms Of the Constitution itself.
Wonders never cease, however, and one
branch Of The Legislature has actually, int
face ci these decision. and the provision Of
ihc Constitution, rcGuactcd the act OF De
ctnher. 1872. thereby irving TO pass a law
which by thc terms OF the Constitution
Itself Is made null and void. VIII the Sen
aic concur in this revolution against the
constitution. which is the expressed viii
Of the people
But il is said the Legislature is to Judge
az the will OF the people aS expressed in
,dc Constitution, apd not the courts. lSH
possiblc that il is accessory 10 discuss tits
question in Virginia ao,cl
iu the Fedcralisi, No. ~, in discussing
OBJ. question, is the following:
IF il be said that the legislative body
arc themselves the constitutional judges OF
their own powers. and that the construc-
ton they put upon them j. conclusive upon
The other departments. il may he answered
TINT this cannot be the natural presumption,
where il is not collected from particular
provision Of the Constitution. IL j. not
otherwise to be supposed that the COnsti-
tuition could intend TO enable the repre-
sentatives of the people to substitute their
win 10 that Of their constituents. II is far
JhOIc latlOhu 10 ouppoSt th"o thO NOuit
were designed 10 he an intermediate
between the people and the Legis-
lature, in order, among other things,
to keep the latter within the limits
assigned 10 their authority. The interprc-
taiion Of the laws is the proper and pecu-
liar province of the courts" "Nor
docs this conclusion by any means sup
pose Il superiority of the judicial TO the
legislative power. 1t only suppOses that
the power Of the people is superior to both,
and that where the will OF the Legislature
declared In the statutes stands in opposl-
ton to that OF tie people declared in the
Constitution, the judges ought to he gov
erned by the latter rather than the for
mer."
This doctrine of the great eXpounder OF
The Constitution has been followed by all
the departments OF the Federal and State
Governments of this country from the time
il was uttered until it was attempted to be
overturned by the House OF Delegates OF
Virginia. We repeat: VIZ The Senate
cOHctIr2