The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-22

| <Gt~'--,- - --'-''- - 's'''''1
OF the universe that forced the estab-
ljshment OF this republic Of republics?
Treating Ut the influence OF the ao+ fr pno.
lessor Muine IN his Ancient Law, says;
"The American, lawyers ot the time. ano
particularly those Of virg,fnia u1psr
which I differed chleny fros, that Of their
| English contemporaries in Including mucn
which could only have been derived IRON ron
r tho lo:al. literature literature q c0n'''en'a' -
nent ~ and emf emphatically affirming the
fundamental equality of human beings s,d9t.
mple ss, to p9 anu ess de-
Having Yet spent ITSELF but besides tnis
they returned he dogma 2ra ncs .he sdor mad
Ing much creator claims Of general re-
ception and respect"
The Constitutions of the direrent
| American States, having embodied the
t t4ei Courts s aid not exist long before
| It became necessary for them to dety
the eg Mbieh Pftwer TIC costu
| tons of the States. -.
no Virginia court belongs aIst the r dsi
tinction Of furnishing the Est reportea
| unconstitutionality. -,
1t was the case OF the So ha,I 1!Se ~
ance, involving the lifo OF three men
who had been convicted OF treason i. N
The statute under which they were con-
| yicted prohibited the executive branch
OF The government from granting q par
sem semb u, determined whether such per,
| sons We're objects Of mercy and ordered
accordingly One branch OF th9 AS; n
bly,, the House Of DELEGATES, ordered the
| Patrick Henry with the resolution 70
the Senate, which refused to concur.
When the Acknowledgment moved nov the
| Cation and his unfortunate companions
1 pleaded the pardoniG' granted by the
/ House. and tho case was adjourned BY
peals, for novelty and difficulty. Judge
1 SVytlc delivered the opinion of the
court, from which + beg to give some
/ extracts. lie says: I'D @
POWER or GOVERNMENT q,
"Among all the advantages which have
arisen 10 mankind from the study Of
letters and the universal diffusion OF
! knowledge. there is none Of more I'M
portance than the tendency they have y.
spective rights Of the sovereign and the
/ subjects; and upon. tho powers which
the different branches OF government
ranny has been Slapped. tile departments
kept within their own spheres, the citl-
zens protected and general liberty pro-
noted. But this beneficial result nttuins
to higher pcrfectIon., when those who
hold the purse and the sword. differing
as to the powers which each may exor-
II ciSc the tribunals who hold neither. arc
called upon to declare tho law impartl-
ally between then'
This decision seems to habe Doe sub.
mitted TO without question, but it was
not the case with most OF the States,
whose courts had asserted their power
over legislative acts, and probably this
; may be accounted for upon the accepted
Virginia. who were in public life at that
: time. were statesmen. and were thor
oughly versed n the philosophy Of pop
, ular government. Z. ds-
9 When the convention which framed tn
: Constitution for the United States as
: sembled. the wise men who composed |
9 were thoroughly familiar with these pas
). occurrences. y sturdy of their debate
(. show Wits what marked ununlmity the.
2 agreed tllat tho danger of free govern
n ment lies in the cncroachment OF the leg
o islativc body. and their ingenuity WI
:. taxed to countervall this admitted dan
i Rer* The Supreme Court of the Unitc'
: states had It's birth in this wisdom am
dellbelation. Neither IN ancient or mod
srn history 1S was Nh 9 San Tor r. ths a h
DubllcS tho convention examined wer
!, found to contain in their creation III
n seeds Of their own death; none OF then
= having q self existent tribunal to stan
!, as nrbter between political bodies and be
:, tween man and man. Mr. Bryce says, ~
- is therefore hardly an eXagseration TO sa
. that the American Constitution as It no,
= stands, with the mass of fringing de
!, cIslons which explain. IT,, is far NOR
. complete and finished instrument than
!. was when It came iire-new from the hand
is,
n work. but the work OF the judges an
J.. most of all one man, the great Chic
l., Justice Marshall"
q In the celebrated case OF Cohens v!
y Virginia. Chief Justice Marshall declare
y stiuction OF the Constitution aud lav
s made In pursuance thereof, TO the jui
~ ciary OF the union, has not, We heiicy
H. AS yet been drawn Into question,
IS judiciary, independent OF the otll'
ed e ,, Of The EoyerInment was an "
IT. asked to adopt the Federal Constitution
cd There was evidently much opposition
re n tribunal admittedly possessing tho pow
re er to restrain the acts Of the popult
branches; for In urging the adoption
he the Constitution, Alexander Hamilton
,e. meet objections, ingenlously urged til,
IT. the judiciary was, beyond comparison, II
H. weakest Of the three departments OF poy
re cr,
,e. AN oMNIPOTANT BODY.
ar II was cited that the British Parliame,
Was trusted 10 uci with judicial fairnes
W forgetting mat BODY MAS omnlpo,ent u,
- responsible alone for Its acts, thus pr
dncnS more caution; or, II wrong, the
). WAS no other power to demonstrate
and forgetting also that the House
Lords was itself judicial tribunal who
d, distinguished members have pronounc
of no a