Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-07-17
SATURDAY..........JULY II, 1886,
rheI.aw of tho Case.

Ht A+hM va @isO NesSN'
aLipe upon line and precept upon
precept." The bondholders have their
day row, but just as surely as justice
and right are stronger than injustice
and wrong so surely will the people OF
Virginia be righted in the end and the
Constitution Of the United States be
recognized rs something more than
dead letter. Chief.Justice WAITE,
and Justices BRADLEY, MILLER, and
GRAY laid down in the Virginia cases
of 1854 what will be the law Of the fu-
ture--
"when Ber,rams right and Bertram's
Shall meet on Ellengrowans height"
Now is . most fitting opportunity
for reminding the public what the four
distinguished justices just named said
was the law OF the yirginis cases de-
cided in October, 1884, in the Supreme
Court Of the United States. Justice
BRADLEY read the dissenting opinion
an opinion which in any Supreme Court
of the United States except the present
one will be the opinion Of the court.
AL that it is necessary to do in order
to This most desirable end is to wait
until the country has been relieved
from war judges.
MIR. Justice BRADLEY and his dis
ssn,ipg associates quoted the Federal
Copstitution-as follows:
"The Judicial power Of the United
States shall not be construed to extend
to any suit in law or equity commenced
or prosecuted against any one OF the
United States By citizens Of another
State, or by citizens or subjects Of any
foreign State"
And then these four justices went on
to argue that as the eleventh amend
ment was later expression Of the will
Of the people than was that article Of
the Federal Constitution which pro-
hibi:s State from passing any law im.
pairing the obligation of contracts, the
former must prevail if there is any
conflict between the two. "By this
technical device" of quoting what
the Constitution says as to con-
tracts, ait is supposed that the
eleventh amendment may be evaded."
"This is not q sound or fair in.
terpIetation of the Constitution"
"The language Of the Constitution " as
to contracts "was not changed, but it
became subject and subordinate to the
paramount declaration Of the amend
mept." So say the Justices, and so
will say the Supreme Court when it
shall have been purified from the
cankers of long war. How can there
be a doub; upon the subject? II you
doubt, read the ringing words Of
WAITE, BRADLEY, MILLER, and
GRAY. They say eloquently and with
cutting satire;
"Moreoyer, the eleventh amendment
is not intended as mere formula Of
words, to be slurred over by subtle
methods of Interpretation, so as to give
1t literal compliance without regard
ing its Substantial meaning and pur-
pose"
This literal compliance is done
By swearing that to sue the officers Of
the State is not to sue the S,ate--as if
there were any such thing as State
apart from its officers. 1.-The SUBJ
stsntial meaning and purpose " Of the
amendment was to prevent any State
from being sued. This the court has
not secured to the States, but has
usuTped Jurisdiction.
What is the eleventh amendment?
Let the justices above named answer :;
at is grave and solemn condition
exse,ed by severe On States for thepur-
. pose Of preserving and indicating their
sovereign tight to deal with their credi-
tors according TO their views Of
what may be required by public faith
and tho necessities Of the body polite.
We have no right, If we were disposed,
to fritter away the substance of this
solemn stipulation by any neat aud
tkiliul manipulation of its words. We
are bound to give it its full and substan-
tial meaning and effect"
That, and much more, said the four
justices. II there had been q strict.
construction judge upon the bench in
place OF Justice FIELD, a pretended
Democrat, Virginia would to-day have
been free from tie tolls in which SHE
has been paced by her enemies at home
and abroad. Let us hope that the day
Of her deliyerance is st hand--nearer
than either her prosecutors or her de-
fer6ers suppose it TO be.
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