The free lance. (Fredericksburg, Va.) 1885-1926, 1901-03-23

March 10th, 1901.
To THE FREE LANCE:
The writer belongs to that rot incon-
siderable class of men, residing at the
National Capital, representatives OF the
various States. who come under the
head of citizens away from home, who
not having relinguished the "animus
revertendi, possess that invaluable aid
to inspiration OF State patriotism-the
right TO vote; and whose interest in
their States is not merely historic, or a
matter Of sentiment, but civic as well. |
have read in a late issue Of your valuable
paper the very clear and able presenta-
ton of the views of Judge Ashton, of the
county of King George, upon several
phases Of the subject OF the coming Con-
stitutional Convention Of our State, and
beg to submit the following thoughts
suggested by the same subject: Can the
matter OF the submission OF a Constitu-
tion, completely framed or amended by
delegates of the people, TO the people for
ratification, be a question of expediency?
| think not The principle involved in
the suggestion expressed in the above
interrogatory is very important one,
and the writer believes il safe TO affirm
that n court Of proper appellate iurisdic-
tion upon an issue properly presenting
for it's decision the question OF the valid
ity of the Constitution that has not the
imprimatur of some form of ratification
by the people after it comes from the
hands of the convention, would decide
adversely to the validity of that instrG-
ment. IL may be, Mr.. Editor, that the
people of our State are-to borrow an
expression from the hestreet-"up against"
a very difficult proposition in respect OF
the element OF ratification referred to,
hence the greater necessity OF dispassion-
ately selecting, as delegates to the com
ing Convention, men who are learned.
astute and philosophic lawyers, capable
of meeting the delicate and difficult situ-
alton resulting from the 18th, 14th and
18th amendments to the Federal Con-
stitution, which have constituted the
"Pandora's Box" Of the principalevils OF
the South since 1868. What constitutes
n valid Constitution that viii stand the
test OF any possible future adjudication
is and will be, question ofsupreme i'm
uortance in our State until the people
shall have chosen their delegates to that
convention. As matter of legal opin-
ion. would venture to state that no
valid substitute for the existing COnstitu-
ton can be had, unless the substituted
instrument embraces the same degree OF
ratification that the present and existing
Constitution has The matter OF ratih-
cation by the people is an essential ele-
ment in all organic law. There may
be more than one form OF popular ratifi-
cation. either one OF which, ,ifconstructiye-
ly a part of the instrument, may make a
proposed new or amended Constitution
valid: but therecan be no question of the
essentiality of an adequate act, legally
speaking, of ratification subsequently to
and independently Of the work of fram-
ing the organic law by the convention to
make the instrument valid. The posi-
BILE results that might arise under a
quasi Constitution are more wildly real
istic to minds OF local yirginlans than to
nonresident virginians. would beg to
suggest however, as leading possibilities,
yexatious litigation, and speaking more
largely in the abstract, possibility OF
physical revolt, and even of physicalrey-
olution and the more conservative the
State is Of standards and ideals Of ethical
right the more possible the revolution.
With high respect,
Yours truly,
Robt. NJ. Newton.