Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1902-11-17
TO TEST THE CONSTITUTION.


ton of Virginia, accompanied by James
II. Hayes and J. c. Carter, colored at
torneys from Richmond, appeared in
the United States Court in Norfolk
ON saturday and filed a motion for
writ prohibiting the State Canvassing
Board from counting the returns from
the late Congressional election and from
awarding the certificates of election to
the ten candidates for Congress in Vir-
ginia who secured the largest number OF
votes at the polls ON November 4.
Capt Wise made a set speech, IN
which he described the government OF
Virginia as a rump institution set up by
AZ men.
At the conclusion of Capt. Wise's
argument Judge Waddill announced
he would draw an order making the
rules returnable at Richmond on Thurs
day next, which means that the State
Board of Canvassers must appear by
counsel and show cause why a temper
ary order should not be issued prevent
ing the Board from meeting, canvass
ing the returns from the ten Congress
sional Districts, and awarding the GER
tificates of election.
Should the court grant temporary
writ, this would mean that the State
Board of Canvassers would have to file
an answer to the bill ofthe complainants
in the proceedings and go into court
upon the merits of the claim made by
the negroes, which is to the effect that
no election was held ON November 4th
last. because all acts under the new
constitution are invalid, the constitution
itself it is contended, being unconstitu-
tional accordingto heconstitution of the
United States and laws of Congress.
The petitioners in their bill asking
that the Canvassing Board be prevented
from acting on November oath say that
the acts of said Board if allowed would
"deprive them of their franchises, take
away liberty guaranteed to them by the
constitution of the United States and
the laws of Congress, and deprive them
of all voice in the government which
taxes them, which is an injury irrepara-
bic and intolerable, even if it should be
permitted to exist but for single
minute"
This is the first step on the part of the
negroes to contest the new constitution
of Virginia and the attorneys say is the
beginning of series of suits to be
brought in each Congressional district.
In regard to the proceedings, Judge
Waddill said that the orders of that day
were formal in character and intended to
bring the parties into court to answer
the Injunction proceedings; that the time
given for appearance was necessarily
| limited in view of the short period in
tervening before the meeting of the
State board.of canvassers, and that the
time for hearing could, of course, be ex-
tendel at the return day. 1t was i'm
practicable to anticipate at this time, he
said, what proceedings might be taken
on Thursday, and that as the cases were
in the Circuit Court it did not follow
that he would necessarily preside, and
that in view of the character and import
ance of the case he hoped that either
Chief Justice Fuller or one of the
Circuit Judges would be present when
the matter was heard, although he had
no information on that subject.
Hon. John Goode, of Virginia,
president of the late constitutional con-
veption. who is now in Washington,
having had his attention called to a
telegram that Captain Wise, counsel for
the negroes, would attack the new con-
stitution of Virginia upon the ground
that it violates one of the fundamental
conditions upon which Virginia was
admitted to representation in Congress
after the war, said'
"In my opinion, such contention could
not be successfully maintained. In view of
the decision of the Supreme Court of the
United States, he believed the act of Congress
referred to. passed on the Goth of January,
1890, was clearly unconstitutional and void.
According to those decisions, Virginia was
never out of the Union. In the case of Texas
G.. White, Seventh Wallace. Mr.. Chief Justice
Chase, in delivering the opinion of the court,
said:
"'When, therefore, Texas became one of
the United States, she entered into an indis-
soluble federation. All the obligations Of
perpetual cession and all the guarantees of
republican government in the Union attach
ed at once to the State In the case Of HEX
man versus Jones, Ninth Wallace, the same
doctrine is announced. In the great speech
Of Senator George, delivered in the United
States Senate on the 3lst of December, 1890.
the theory of Mr.. Wise was so completely ex-
ploded that no Senator undertook to make
reply. The seats of members from Mississippi
in the House of Representatives since the
adoption Of her new constitution have been
contested on the same ground, but the con-
tests have been dismissed.
"Virginia is either sovereign coequal
member Of the American Union or she is not.
If she is, she has as much right to alter or
amend her constitution according to her SOW
ereign will and pleasure as any other State in
the Union"