Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-02-10
mr.. Dabney Rejoins.
IOWHAlArf cSi ~
To fhe Edifor Of the Dispatch

To the Editor OF the Dispatch:
Your daily paper OF the 9Th instant cou-
tains an article from the pen OF Berkeley
Minor Esn.. OF slaunton, In which he con-
troycrls some OF the statements made by me
in an article recently appearing In your
uapsr. The object OF that article was TO
show the failure OF the farest experiment OF
negro emancipation ever made In the history
Of mankind. Dir. Minor seems greatly % have
mi,undsrstood the statement Incidentally
made in relation 10 Judge fuckers Influence
in deciding the QUESTION OF the contributions
ality OF the law passed January II, 1902, con-
fiscating the glebe lands. These statements
not being made TO illustrate or enforce the
main object Of the article, were only
intended TO give some popular ira
dIlions Of the executors OF Richard
RAudolpRs will IN which we traced his iela-
tionship 10 his illustrious hall brother, Henry
81. George Tucker, with brief sllusion t.
the mos. important judicial acts OF bis llie
As that part Of our article thus hastily
written has been so much misunderatood by
Mr.. Minor that he thinks he has dettced
three mistakes OF facts. Il would De wei
with the authorities before US 10 give ful
and authentic account In which, az Dir. BIZ
nor truly saws. "rsrey has 80 important a
question been decided by means apparently
60 casusI.r Mr.. JeferGon's famous act to
establish religious freedom, IN when no al-
fusion Is made TO church property,"as passed.
on the 10th OF December, 1850, ana general
act declaring the construction OF the Bul OF
Rights and Constitution concerning religion
was pa,ssd January q, 1899, IN which six
previous statutes, one OF which incorporated
the Episcopal Church and recognized
her right TO all her property. were REPEALED
After an excited discussion OF the question,
on the 18Th January, 1902, the General AS
sembly passed the act " concerning The gieDe
lands and churches within the Common
wealth. After preamble, In wnich u re-
cites the passage Of the act oil 1893 and the
Bill OF Rights as supporting the principle
upon which it wss about to legislate, the act
proceeds to order the Overseers OF Inc poo
IN every county OF the State 10 sell an the
globe lands, which at that time were heiu Nv
the Episcopal parsons BY virtue OF tDeH OLE
fee. and the proceeds to be applied Tor the
SUPPORT OF the poor OF the parish. III per-
mitted the ncumOeuts or their lessets 10
hold the globes during the lie OF The lncum.
bent, restraining them from commission OF
waste. and it also reserved from the opera"
ton OF the act the churches, the property
therein contained, and the church'yIds.
Tnls statute was passed upon geoeia'
pressure which had beel for every
session OF the Assembly brought to
bear bT numberless petitions brought
forward by all tue other denominations
OF the Commonwealth, and the general
opinion OF large majority OF the State was
decidedly in favor Of the act Tue memoeIs
OF the Episcopal Church resisted TIE 'ct on
the fround OF its uncOusiitution2lity,a ana "
the advice OF tuch able counsel ~ bu'hfoo
Washington, Edmund Randolph, snd John
WicEham, brepareI 10 resist II ID every
court. At that time Jzdge I'enry y. george
Tucker was chsnc elor OF The winchester
and Judge George Wythe chancellor OF INC
district. Az that time ChanceHor
Henry 81. George Tucker delivered BIS great
opinion in the case OF selden against lhe
Loudoun Oyerseers OF the Poor. In leJi,
In the case referred to by Dir. Minor ana re-
ported in 6 Calls. r, the Ovefseer- OF Tue
Poor proceeded 10 sell the hahcneN-er
rlebe iands, and were arrested by lnlunc-
ton. This cause finally, after II nau
been before Chancellor Nythe, came
before the Court OF Appeals. Inc
court at that time was composed OF
Judgs Pendleton, the president. AID Judges
Darlington, Lyons, Fleming, and Roane. As
cent Judge Roane were opposed to the con-
OF the set. Judge Fleming did
not sit, as be considered himself interested.
and az the president, Peudleton, and t"o OF
The iuG-ss differed ia the opinion from one,
the president was appointed by the msi0ritg
10 deliver The opinion OF the Court. On tie
nieht before the opinion was TO be pro-
nouncod Judge Pendlcton died. The Lcgls-
ature then proceeded TO I'LL the vacancy
judge Tucker, as chancelor, had Just deliY-
cred his luminous opinion In Seldom rs. the
Loudoun Overssers at " inchester. II wa
as il was, the ablest opinion
ever delivered on that side OF the question
Public sentiment was almost unanimous for
the law 10 be carried out, and II was nstu-
Ially 10 be expected that Judge Tucker
should be elected 10 supply the Vacsncy. IL
was due 10 bin and IL was done. BY his a.
ression TO the Supreme Beuch ~ Judge
Feming still declined 10 slt, he and Judge
ROane differed n ith Judges Darlington aud
Lyops, The court w1s evenly divided, and
The opinion Of Judge Wythe. from which the
appeal had been taken by the Episcopal
Church, was affirmed and the consttn-
tionaliy Of the act sustained, although at
30 time did it secure the approval OF ma
ority OF the court. This state OF the iaH
Il now modified by the provision OF our
present Constitution which provides that n
majority OF the Judges elected on Tie Su.
preme Bench shall De required 10 declare
aw unconstitutional.
These are tse facts OF history. which can
De established by the record. Afull account
II tho arguments pro aud con are gwen IN
DR.. HAWKS work on "lhe Virginia |
Church." published 50 the eighth number !
" the appendices OF Bishop Aeade's " Old |
Churches" and the ninth article OF the APP |
)endix 10 the same work, containing the |
opinion and judgment OF the supreme |
Court Of the Unltsd states against the con- !
OF The act delivered by Judge |
story in the case Of the Fairfax slebe-land |
question. In the incidental allusiOn 10 this |
natter, not strictly germane 10 the main |
uhject OF orr frat article, aud 10 pay q Just |
rlbus to the memory OF the ilustrIous half |
,rother OF Richard Randolph. OF Bizarre, |
nj John Randolph oi Roanoke, aud who /
O Justly valued hrs opinion IN SeldsR Us. |
4oudOun Oyerseers that he annexed il as An |
ppeudiX TO bis Commentaries, Nc have /
'eeu sinsuarly misunderstood by Mr.. Minor, |
' 10 Is himself mistaken in SuppOslng that /
We could have said that Judge PendetOn SET /
n the case Of Seldan vs. LOudOun OVerseers, |
Which we expressly said was decided by /
Judge Tucker az a chancellor and not IS
udge OF the Court OF Appeals. and in sup
'ogng that We mistOok the decision OF Judge |
tucker and bis opinion as chancellor AZ
ecIding snother case, although involving
be ssmr principle. 10 the Court OF Appeals.
Astothe correction made by my old school
nate -. j. W." his ststement does not /
ssentiaily contradict mine. Brett Ran
Iolph. he SAYS lived upon tue charity OF his
biidren. Besides the relatives he meatiOa-
d he bad son. Richard Killer Randolph, |
Who msrried Miss Montague, Of POWhaian, |
Who moved with her brother, Colonel Ro.
ert Montague. to Mississippi, where they .
we're at the commencement OF the war |
Wealthy southern planters. But II is true /
hat Bret. RandolpRs slaves we're all sold /
nder executions and his land sold by de- .
rees OF court several years before be died. /
lis old Virginia mansion, Cspua, on lofty. /
in, IA gone, aud its site il in an old teld /
urrounded by pines and waving with /
rOomstsaw. WILLIAM PORE DABNEY.
RICHMOND, February s, 1850.
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