The free lance. (Fredericksburg, Va.) 1885-1926, 1899-08-03

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are emineutly cJuservatlye and not IN
clIned q favor change of well tried
institutions and long established sys
TENS for the mere sake Of cnange.
Since the organization OF this assOcla-
ton in July. 1855. perhaps no other
subject has been SO ably and earnestly
discussed at your annual meetings As
the subject Of reform IN the law ana
in Judicial procedure As the result
of your DELIBERATIONS many VALUABLE
reforms have been recommended, some
Of which have been adopted by the
General Assembly, while others have
failed - receive favorable consldera-
ton.
Without transcending the just limits
Of "A paper like this l could not discuss
all the reforms which have been here
tcfore suggested by your able commit
tees, bot / beg leave o recommend
that you should by correspondence with
similar associations IN other states, ana
by cooperation with the commissioners
appointed under recent act OF the
! Legislature, exert yOur acknowledged
influence IN securing greater uniformity
of legislation upon certain subjects
which deeply AFFECT the welfare ana
happiness OF our people. There Is no
good reason why there should not be
uniformity II legislation IN the
different States upon marriage and
divorce. the protection Of the
people against trusts, insolvency,
the descent and distribution Of pop
erty. the execution and acknowledge
ment Of deeds, the execution and proofs
of wills. the forus Of nOrtarlal ceTtifi-
Gates and other important SUBJECTS
Ever since the adoption Of the Federal
Constitution Nlrglnlans have zealOusly
guarded aud defended home rule and
local self government as the sheet an
chor Of their safety but | submit that
they may voluntarily adopt uniform
legislation with that of other States
up1n the vital question of marriage and
dlvorce and Otner dI nestle questions,
without any infringement Of state au-
tonomy and without auy sacrifice OF
dignity and pow er az p sovereign, cOe-
oual S at OF the Union. While upon
the subject Of law REFORM submit that
there Is urgent need Ot reform IN the
organic law OF the State. The O0nsti-
tuition under which we now live, com.
monty known as the "UnderwO0d Con-
stitution. - was framed under the Re
construction Acts OF Congress by aliens
and newly emAncipated slaves Ii was
adopted by the people Of Virginia under
1ress as condition pre- e5edent 70 the
readmission Of the State into the Union,
and its representation III Congress. 1t
is not only obnoxious on account OF the
circumstances attending its fOIm alton
and adoption. bat the government es-
tablished by II Is unnecessarily expen-
siye and in many respects wholly un-
suited TO existing conditions. How can
il be anne nded In the spring OF 1891
the people rejected at the polls the
proposition submitted TO them 10 call
constitutional convention. This ac-
ton was taken not because they were
satisfied with the existing Oonsti-
tuition. but because they considered the
time inOpportune for the assembling OF
a State convention and because they
did not deem it wise 20 incur the addl-
tl0nal expense in view Of the financial
condition Of the State Under these
circumstances | recommend that TINS
body shall mem0rialIz9 the General
Assembly TO provide by law Tor the
creation of Constitutional Oommls-
sion, to consist Of twenty members +,
| two from each Congressional District
and one from the State at large, who
shall be charged wi tn the duty OF rec
ommgndiag such changes In the exist
ing Constitution as III their wisdom
they may deem expedient. l submit
| that this 7 Ian would be not only exped-
itious. bat inexpensive, and would be
| attended with the best results. The
| Code Of 1857. the product # three we'll
trained legal minds, furnishes evidence
that the work Of amending our organic
law would be well done by a cJmmis-
sion of twenty. one able, learned upright
| men. to be elected by the General As
sambly or app )inted by the Governor
| The time has been when Virginians
were recognize as mts'er builders, so
far as the work Of building cOnstitu-
lions was concerned They prOmul-
gated the first witten constitution for
free and Independent Oom nonwealth
ever known TO mankind The conven-
tion that framed that Constitution met
at Williamsburg on the 9th OF May,
l776. and was composed Of such men as
Edmund Pendleton, Richard Bland,
Robert Garter Nicholas, John Blair,
Edmund Randolph, Henry Tazswell,
James Madison, Archibald Gary, Benz.
Harrison, Paul Darlington. Thomas
Read, Thomas Lewis, William Cabell e,
George Wythe, Richard Henry Lee,
Patrick Henry, Thomas Nelson, Thomas
| jefferson and George Mason. 1t is no
exaggeration to say that the Virginia
| Bill of Rights drawn by George Mason
| in l776 is the most complete summary
of the rights Of man and the principles
Of free government that has ever been
| given TO mankind. One OF its articles
declares that. " No man or set OF men
isentitlsd to exclusive or separate emolu-
ments or privileges from the Com
monwealth, but in consideration OF
public services, which not being de-
scendible, neither ought the offices OF
magistrate, legislator or judge to be
hereditary" As has been we'll said
" here is a volume Of wit and wisdom
for the study Of the nations embodied
in a single sentence and expressed in
the plainest language. If deluge of
despotism should sweep over the world
and destroy those institutions under
which freedom is yet protected, sinking
into oblivion every vestige OF their ex-
istence among men, could this single
sentence of George Mason be preserved,
it would be sufficient to rekindle the
fame Of liberty, and revive the race OF
freemen. A" The Constitution OF Nlr-
Rinia, adopted on the 29th of June ,l776.
continued in operation more than half
century. In January, 1880, the amend
ed Constitution was adopted by con-
' ition that has never been surpassed
in learning, ability and patriotism
The fundamental principles Of govern
ment as involved in the proper basis OF
representation and the just distribution
of its powers among the three co-ordi-
nate departments, were exhaustively dis
cussed. The debates attracted the atten-
tion not only Of Virginia. bat OF the
entire country. Nor is this to be
wondered at when 1t is remembered
that the participants were such men az
John Marshall, James Madison, James
Monroe. John Randolph, Abel Z. Up
shur, Benjamin Watkins Leigh. John
| Tv1ar Wiiliym r. Giles Chapman