Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-30
OLD VIRGINIA wins.
CONTINUED FROM PAGE 80
occpn;cd BY the morning session OF the

The enclosure reserved ordinarily ioT
the bar, was crowded 10 its fun seathE
capacity by distinguished fci,feSenea u NV.
Of .hc local bar. members OF the Lcsis-
1aturc. and prominent Virsinians from
all parts of the State
Among those who were in the court
room, and who followed the PROCEEDINGS
with interest throughout. were HeneTai
Emma Hinton Congyessman-elect carter
class Allen Caperton BraxtoH. OF Au-
rns,a. former Governor Charles I. o Fer
raj Hon. Eppa lIunton. Jr.. D. q.
Frrleston. William p. Rarksdalc, James
w. Gordon. Farmer Pitcher, George ..
Shackelfora. and many other distinguish
I'd gentlemen. a score OF ladies' graceo
tho occasion with their presence, among
whom were Mrs. w. A Anderson, who
listened to the address Of her distinguish
cd husband. and Mrs. A. J. Montague.
Concluding Argument for statc.
Acknowledgement Anderson opened the
GAYS proceedings with the concluding
srsument for the defendants.
lie pitched his speech upon plane be-
fitting the dignity Of the cause ne de-
tended and the forum which he adorcss-
ed lie commented with pardonab!e IN
dicnation on the spectacle. here presented
Of the Mother State arraigncd before TINS
tribunal as 8 criminal. her leading sons
stiCmat!zed as conspiraturs by as rash.
ms irnpuisive and inpetuous m advocate
as ever aSSailCd honorable men III SUCH
an unparLonable manner.
He would say this. although there was
n John Wise he knew in lis younger
DAYS to whom he was indebted for many
acts of kindness and generosity and warm
friendship: a John Wise who wore ms
heart upon his sleeve. who. ne felt IN
his hcart Of hearts was ashamed Oh TINS
days work.
All this would not however. atone for
his course on this occasion. He incrim-
mated and indicted every department OF
the State government. and in tmpeachins
President Goode lie had assai:d the good
name Of as honorable a gentleman
Hero the Court rr:jldly observed that Mr.
Wise had withdrawn his offensive re-
marks. and it hoped tire Attorney-General
would not so into that.
In Apologize Wise.
Mr.. Wise arose and also deprecated. in
IN apolcsetio tone of voice. further agi-
tation OF this painful subject. He had
known Mr. Goode thirty-hve years. and
had said rs much to him on the stump
many time. He could not withstand
The temptation when !ie saw his old
friends shining head to hit it playfully
for old times sake. but he hoped Mr.
Anderson would not add further balm to
the lacerated member, as he himself had
last nisht offered a bottle of Omega
OIL
He referred" said the AttorneyGen
eral, ito the address of the president of
The convention as a whine. when 1t was
as noble an utterance as ever fell from
the lips Of nan.
The speaker SAID he knew John Wise
better than he knew himself. and he felt
sure thet TIE old Wise believed and ap-
proves nf every utterance in that address
The Reconstruction Acts.
Taking up the Reconstruction Acts.
General Anderson said he did not under
stand Mr.. Wise to c!ainl-and. IN fact, he
asserted that no reputable lawyer would
ciai.n-that the reconstruction acts were
constitutional He said court of last
resort had rever passed on them. The
United States Court, however, in White
VS. Texas. expressly declined to pass on
the question.
Tie Grief Justice here remarked that
The question had been before the courts.
but that the Congress of the United
States had taken away jurisdiction before
time was given to try this question.
III resunirg. the Acknowledgement said
that they were admitted by many law
yers to be extla-judicial. but necessary
to give effect tc the results Of the war.
and that the time was too short to dis
cuss such questions now, far 100 remote
to Us and purely historical.''
The whole question of the oath was
taken up and discussed from the stand
point OF constitutional writer's. and much
of the old debate which had been heard
in the early part of the constitutional
convention was again gone over. He said
in support Of his position on the oath
question that the convention of 1880 was
full of men of capacity, lofty integrity
and ability. among whom were James
Madison. the ablcst Constitution maker:
I'll, n -S,,l1 COG n<
honorable chief justice. the greatest in
terpreter of constitutions, James Monroe.
Benjamin Watkins Lee. and many other
Of that convention. and they saw no rea-
son to take the oath. Nor did the latter
convention Of 1861 the secession conven-
ton of which Mr.. Wise's father was a
member, take the oath. He declared
that the clause proposed in the old Con-
stitution of 1869 that memoirs of future
Conventions should take an oath, was
stricken out, and that this convention
stood just where previous conventions
had stood; that the Sanctity of the oath
neither taxes from nor adds to obligations
so prctentious resting on members of the
constitutional convention. and no repeti-
ton of an oath could add to the sanctity
of these obligations.
OrdaininG the Convention.
The encouragement here took up the
objection to ordainng the Constitution
and added a few authorities TO the already
profound argument mat the court had
heard from Mr. Christian
The question was one of Virginia Con-
sttutional law, and the members of the
late convention drew their inspiration
from Tucker and -.-arshall. and a long
line of jurists. whose names reflected not
only honor on this State, but on the en-
tire country, that they were governed by
Virginia law and Virginia precedents and
Virginia institutions and the fundamental
principles which have controlled Virginia
society.
He declared the Constitution of 1875 was
proclaimed: the Constitution of 1S29-1S30
was proclaimed. the suffrage act of 1850
was proclaimed. and that Constitution
was submitted TO the electorate provided
for In the Constitution itself and that the
power and right to proclaim constitutions
has never been seriously questioned.
The speaker here took up the Act MI
of the late Constitution. which was relied
on by Mr.. Wise and which was so ably
turned against him by Mr.. Christian last
evening. and Quilted its language as fol-
lows:
AT the general elections TO be held in
the year 1855. and in twentieth year
thereafter, and also Fl such time as the
General Assembly may by law provide
the question, Shall there be a convention
TO revise the Constitution and amend the
same shall be decided by the electors
qualified to vote for the members of the
General Assembly; and in case a major