Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-10-18
4 const,tut,ouai'COnvontiou.

~ me EIi'YF ~ f"f 1ft+f'f'ffs
May I in a. few words as can reply 70 your
editorial of the 7th instant on mo above sub
ject; ] viii number the extracts make from
% 200 parcDthesis.
ID but in tho presence ~ That United
ctntesl Constitution such a body has exactly the
powers Of "a stale Legislature. 10 has No moro.
mo- lcss.'
A constitutional convention ani state legis-
laiuro are MT one a1i The same thing by any
neauE s constitutional convention d creator,
a Legislature Is q creature. "A constitutional
convention has an authority superior 10 that ~
the government organized under ~ or. W.
Dwight Columbia College,. Tho Judicial de-
partmeuf VI - State may declare the aris or
icgis uiure nall aud void. 10 cannot touch an at
Of a convention. such net within the state Il
" omnipctant' AMI a. far "A contracts be-
tween ii (Which ia tho Stato) and citizens u
another STATE or aliens IS concerned 10 Is "om-
uIpoteut" out sid0 OF the State ~ Well. In spite
81 fhe presence Of that (Dnited States tOusu-
tuition or any iudiciel power on tllis globe inc
~fa'e ~ Louisiana not many years since cm-
bodied in its new Constitution an ordinance ~ re-
DufiIfinH. n was tested before tho supreme
Court Of tho United States iu The case Of Louisi-
ana ~. JImel 1O5 &. -, rs, oud majority Of
thqi court sustained Tie state under the eleventh
amendment to the Constitution, which says:
"The judicial power ~ the lnied Siatc7 shall
not 30 CONSTRUCT o. extend 90 any suit in law or
eluDtv commenced or prosecuted against one or
the UnItcd Slatos by citizens Of another STATE "
Dos citizens or sulicct5 Of any foreign state" II
Mr. C0uknng aud Mr.. Tucker Lad not
thrown tho "ohAFniOn u coutrn e." fWhich
was never intended for anything except
contracts between indirilua'N o. The d0gs
and plarcd themselves hatfootei upon
the eleventh amendment hulus Ayers
would havo been m lau to-dly unless d." court
had argued Tie "a q ami deri led 10 Too. How did
Won overlook tho 0nsu and bi0Oi of the eleventh
amendment aud go Oh rafting those oid dry
bones 0i obligation of contracts IN me CO.
cisi1n OF the supreme Court in the case oil Al
t1ruey-Goue al Ayers The Following language Is
u-fI .rnFN ylI.
"For "a urcnch Of Ne contract by me state 10 IA
conceded there is 80 remedy by suit agnin-t tho
state itself This results from the eleventh
amendment % thf Constitution, which secures
TO- the state immunity from ruit by Individual
citlons Of other States or aliens page 2Ai
'.In respect 10 these contracts between indi-
yiflnI4 &C.. ani state hy virtue % tho eleventh
Amendment 90 the Constitution, there being no
romeIy uy asuit against the state, the contract
Is substantially H,ti f sIncfiln Dfo'p' NAT ~hth
rrtsrs Df of the HONuR ana GOOD FAlih W tue
St1'f iisclf, aud THESE ARE Nof SUBJECT 10 CO.
Tho State Of Virginia may fo.l $1,000 900 Of
bonds o. British subjects io day, ana tomorrow
it may refuse TO pay ono iDliar n 10, ana thero
i-n1 lgiirial power on earth that IAN compel her
todoso. The purchaser nu trely al solutely upon
she "iouJ and good fq'h " mo STATE and
upon tha, alone, as "tsse are not sntoci e. cJer-
ct.nn
.qt "Thcre are tens az millions II dollars in
vOlssd Boa tlp state debt question. Are We pre-
rsre1 10 have the pos-es-Dr5 " these nilliJn'
exercise tAcir influence upon more ihln a hun
dTeI Thousand purcuasaule rOicrtf
Tho State of Virginia las ciuging g. her Ike
a uutrid dead BODY one third ~ her original
90 It, which was sot apart as the share oi West
ireinin IN. alien uonlholdcrs AFRO claiming
sl!.nJOAO0 as her in liVIluN share. Her Atiof-
uot-ocucral as but recently been released
from taN The last Legislature pad Mcssrs
Conklluc and Tucker $4,000 90 eject
ms release. Bnt q few days since GO
| chief coupon vendor % inc state. Mr.
Royal, walked into tho capitol building
an commenced pluuieriue ana carDing OF
the public library OF the state. WIN these Ugly
facts staring Them in thc face does any sane
mHu srI pose that tho touiholdefs have money
enough. or hat there is enough 90 tho world, 10
control 10 majority OF inc Foteh In virginia upon
these Two propositions:
]. shall "a constitutional convention repudiato
Ncst \Irginia- ono third OF the original debt
and transfer 10 as legacy To The p0For mat dis
severed NIrginiss c1mely proportions ga malice
bred ry the bot blood Of war
3. Shall NrEinins debt 10 {EOl9.UO or shall
d. De- JsfCo00OT
10 my mind is ia utterly Incredible. Is it not
more rational g. Wini She thing zap In one grand
agony than 10 have h long-jrawn cut Tor our
-ciyos and Tor those who shall follow rs:
2.) Tho two features can Dc Incorporated IN
tha state Constitution by tie Legislature" see
Article XII, section /, OF tho Virginia Consti-
tUu "A.
10 would DO necess airy for n % pass tir0 success
sive legislatures and then Do submitted 10 the
people tor ratification. which would require al
least four years. A constitutional Convention
could pass % al once Ind then the people could
pass uIOn IT,
Finally, were these questions submitted 20 the
people, does any OLe believe that the railroads
have money or free passes enough 10 c0n-
mol 3 majority o. Firelna-EOtersf
J. snail every person aud place using the rail
roads of The StEtest AMI upon precisc qua tyf
shall the giving of free passes % any one
except officers and emp. ogeeS II the railroads
he pfOhibted7 AN annual pass was sent me-
h.twlntCr. No. lteSi
Q. hal ''fpr axe STrtct u i.tf charge" be the
inex0raulc rule IN regulating railroad cbarges7
T. ShallH competent commission, WITH ample
power, supervise the railroad trafic Of the state
The people are certainly not ready 20 vote
themselves aud their children iutO perpetual
servitudo.
II Virginia ever needed remOdelllng, overhaul
ing, sud setting up again size needs 10 just nov.
b. ". ARNOLD.
Bedford county, October IS 1855.