Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-04-15
WEDNESDAY.......APRlL Is, 1885.
The Virginia Cases.

In the United States Supreme Court
on Monday last the Chief Justice noti-
fed the bar that the court will adjourn
for the term on May 4th, and will hear
no arguments after April oath.
Therefore, it may be regarded as GER
tain that the public will soon know
what disposition has been made of the
Virginia cases now pending in that
court.
We cannot but hope that the SUI
preme-C Court justices have had reason
to feel that it is time for them to make
new departure. From Chief-Justice
MARsHALL's day down to the pres
ent time that tribunal has been gradu-
ally drawing to itself powers which
ought either to have remained with the
State courts or never TO have been eI-
erciscd. Particularly is this true of
the practice of entertaining suits against
States, and evading the plain prohibit
tons of the eleventh article of amend
ments to the Federal Constitution by
pretending to believe that the suits
were suits against persons. AT last
that high tribunal is confronted with the
question whether or not it will manage
the finances Of a sovereign State under
cover Of suit against a State officer.
In fact, the court might as well appoint
a receiver for Virginia at once as to af-
firm all the decisions that have gone up
TO il from the United States courts of
this State. If Judges BOND and
HUGHES have the right to command
the Auditor or Treasurer to receive
coupons in payment Of license taxes
without requiring those coupons to be
proved TO be genuine, although the
State law requires such proof to be
made, and although the Supreme Court
of the United States has decided that
Virginia had the right to require such
proof to be made, then this honored
old Commonwealth is already bank
rupt. She is insolyent, and might as
well be so declared by the tribunal
which will thus have consigned her to
dust and ashes.
Will the Supreme Court perpesrate
this great wrong? We shall not believe
it until we see it. There is hardly
question in any Of the cases which
might not have been allowed to 60 off
upon one or another Of the precedents
that could be produced by or before
the court. We take it, therefore, that
the court meant something when it adj
vanoed all the Virginia cases upon its
docket; when it declared its willingness
to hear all the old questions argued over
again; when it listened patiently to
more than half dozen speeches when
it Intercepted counsel as to certain
points they were presenting; and when
it manifested apparently as much inter-
est in the arguments on both sides as if
no similar cases had ever before been
up in that tribunal. We take it, we
say, that the Justices meant something,
and We hope the event will prove that
that something was the drawing of
line between the power to entertain
suits against a State ard the power to
entertain suits against States officer,
and the showing when suit against
the officer must be held to be suit
against the State and therefore one to
be dismissed or never docketed.
The General Government will be
weakened if it dwarfs the State govern
ments, and strengthened if it respects
the powers Of the States. 1t is glo-
rious to have a giants strength, but
villainouS to use it as giant" We are
inclined to the belief that such is the
conclusion to which the most powerful
judicial tribunal in the world has come,
or will soon come. The announcement
Of that decision will send thrill of
pleasure from one end Of the Union to
the other. Maine and Texas, Virginia
and California, Georgia and Oregon, are
all equally interested in this most i'm
portant matter.