The times. [volume] (Richmond, Va.) 1890-1903, 1898-05-20
WRGINIA'S CONSTITUTION.
The Insulted Shades of Mason and
His Compeers" Must be Appeased.

His Compeers" Must be Appeased.
Editor OF The Times:
Sir;-The old Latin maxim inter arma
silent leges suggests in these stirring
days OF war the virtue of silence on con-
sttutional and historical matters, and /
should not disobey the voice Of prudence
nor disregard my own aversion to con-
troversy with a valued friend, but for the
fact that / consider several statements
made by the learned and accomplished
State Librarian in last Tuesdays Times
as erroneous and amenable TO friendly
criticism The Librarian says he does not
know what / mean by "the oldest written
form OF government in existence and
he invites me TO visit the State Library
and examine the Virginia Constitution
adopted I'm 1176. l should probably have
been more exact and have said the old
est written form Of government still in
operation.
The oldest written constitution known
to history is neither that OF Virginia nor
that OF Massachusetts,. but Is that under
which the republic OF Connecticut was
organized in 1889. This document.
known as the Fundamental orders OF
Connecticut and consisting OF eleven ar
ticles. created the government under
which the people OF Connecticut lived for
nearly two centuries before they deemed
It necessary TO amend it.
II is entirely true. as my valued friend
SAYS that the first constitution of Nir-
ginia was adopted three years before
that OF Massachusetts,. but he virtually
ignores the fact that this original consti-
tuition OF Virginia was superseded by the
one adopted by the famous convention of
5000, and he would have US believe that
the present constitution OF Virginia,
-, l. ,a haf "A !
had. and which was framed by o con-
vention composed largely OF ignorant
negroes and vicious carpet-baggers, Is as
much like our first constitution as the
amended constitution OF Massachusetts,
IS like her constitution OF 1913.
An examination OF the thirty-six
amendments 10 the constitution Of Mas
sachusetts will show that nearly all or
them are additions 10, rather than al
teratons Of. the original document, which
remains to this day practically In full
operation. and the same Is true or the
first eleven amendments 20 our Federal
constitution.
That may not misrepresent my
friend desire to call attention TO the
following extract from his communica-
ton:
1T seems TO me that II IS near TO a
bubble 10 say that the Virginia Consu-
tuition OF 1776, I'm all essential features,
Is not as much our Constitution OF to-
day-though amended in many mere mat
ters Of detail only-as Is the Constitution
OF Massachusetts Of 1873 hers. ours, the
enduring written proclamation or free
government, remains the basis not only
OF all our constitutions, but is the chief
cornerstone of the organic law or every
one OF the States. as 1t is OF the United
States"
Now. as a "Roland for this oliver" I
will place here IN strong contrast with
my friends implied encomium upon our
present State Constitution the opinion or
an ilustrious Virginia statesman. Some
years ago the late Hon. Alexander II. III.
Stuart-clarum ct venerable moment in a
notable paper read before the Virginia
Historical Society. used these burning
words touching the work ofrhe men who
framed our present constitution:
"The result OF the labors Of such body
OF men could easily be anticipated. II
was the formation and recommendation
of a constitution at war with every prin-
chile OF civil liberty bristling with test
oaths and acknowledgements and other
enormities. and containing provisions art
fully and insldously worded. so as not
only 10 throw the whole political power
of the State into the hands of the most
ignorant classes OF her people but to
render practicable the virtual conhscation
by the agency OF corrupt judges and ig-
norant and prejudiced and interested
juries. OF the estate OF every one who
had ever been a slave holder Under this
constitution IL was provided that no man
who could not take the congressional
test-oath could be allowed TO vote at
any public election. or be eligible TO any
public Office. or be allowed 10 serve on
any Jury
The publication Of this mon
strous document filed the public mind
with terror and dismay."
I might quote from this valuable paper
many other passages equally strong in
denunciation OF this monstrous docu-
ment." but II is not necessary. II is true
the good people OF Virginia by one NIGH
". heroic effort, succeeded in striking
out some ~ the most Objectionable fea-
lures OF this infamous constitution, but
there were many wise and patriotic sons
OF Old Virginia who in the dark days OF
1869 were SO opposed TO this document in
any form that they preferred 10 take the
chances under military government rath-
err than live under an instrument framed
by such men. II IS also true that several
proposed by the General Assembly and
ratified by the people; hut for all this
our present constitution is not the work
OF Vrginians and IS at best thing OF
shreds and patches. To compare the Inn
ital work o George Mason with that
OF the convention over which the in
famous Underwood presided, and in
which that pious fraud Parson Hunnicut
Doctor" Boyne. and "Old Specs"
Hodges were leading characters, is worse
than anything that the New England
school has attempted in recent years. |
know my good friend did not intend II.
His commendable zeal in defending every
thing pertaining TO Virginia has led him
astray. He must retrace his steps and
make haste 10 appease the insulted
sl-des OF George Mason and his illus
trious compeers before I will agree 10
join him in repelling the attack which
he imagines Mr.. Justice Brown has made
on the impregnable ramparts OF Vir-
ginia's fame Il. Il. II.
Richmond, Va, May ~. 1888.