Year: 1879

PROCEEDINGS IN THE SUPREME COURT


THE BLACKsBURG COLLEGE D1ssEN-


sroEs-THE CREDITORS CONFERENCE


PUBLIC PRINTING, &C.


The Senate special committee and the
House Committee on Federal Relations on
Saturday submitted u lengthy report and
the following resolutions in regard to the
Rives usurpation


The General Assembly Of Virginia, rely
ing with firm trust on the virtue, intellt-
gence, and patriotism OF the people as the
only sure foundation Of republican govern
ment, and on which the ultimate guarantee
OF liberty must always rest, invoke the calm
and serious consideration OF all the States
and all the people thereof to the statements
and declarations hereinafter set forth, and
do appeal to them for their cooperation and
assistance in maintaining the principles OF
free government, and in enforcing remedies
under the Constitution for the wrongs and
injuries herein shown to have been done to
the rights OF the people, and in preventing
a repetition OF The same.


They do declare aud affirm:


/. That the Constitution Of the United
States is in as full force and yigor as when
adopted and ratified.


2. That Virginia in reeutering the Union
after the civil war resumed all her relations
to the Government OF The United States on
perfect equality with every other State;
and is entitled to the'same rights and pow
ers, and bound by the same duties and obli-
cations, as each other State; and that her
citizens are equals in every respect under
the Constitution with all other citizens OF
the United States.


g. That the United States can only exer-
else the powers delegated to them in the
Constitution. Within the scope OF these
powers their Government Is supreme; be-
yond them it has no existence. All powers
not delegated to them are reserved to the
States or to the people, and in the exercise
OF them the States are sovereign, the two
governments together forming one COM
plete whole, and neither can or ought to
interfere with the rights or duties OF the
other.


4. That the preservation OF the States and
the maintenance Of their governments are
as much within the design and care OF the
Constitution as the preservation Of the
Union and the maintenance Of the Federal
Government; and the separate and indie
pendent autonomy OF the States is necessary
to the Union under the Constitution.


IS. That the essential and fundamental
right reserved by the people of the States is
TO organize each State as separate and dis
tinct political society, to constitute such
government therci;: as best suits their will
and pleasure, and to change the same when
ever their convenience requires it, subject
only to the Constitution Of the United States
and the laws and treaties made in pursuance
thereof.


6. That the necessary and inherent condi-
ton of this reserved right OF local sel'-soy-
ernment is the right and duty of the State
to protect life. liberty, and property, within
her Jurisdiction, by laws OF her own crea-
ton by officers OF her own selection.


7. That the Constitution OF the United
States grants certain powers and imposes
duties upon the United States,
which they are bound to execute and per-
form; and that the rights reserved to the
States impose on them certain other func-
tions and duties which they are equally
bound to execute and perform; and the
United States can no more rightiully inter-
fere With, and attempt to execute, the
powers and perform the functions Of the
States, than the States can those Of the
United States; and any attempt by either
to interfere with the rights OF the other
will be usurpation, unconstitutional and
void.


8. That the United States have only the
right to prevent the exercise by the States
Of powers prohibited to them by tue Con-
stitution, By pronouncing such forbidden
action void through the judicial power,
but in no case can the United States under
socvcr, to perform any duty which 1t Is IN
ta


9. That therefore all acts Of the Con-
gress, and particularly those known as the
ciyil-rights bill and the enforcement act,
which attempt, or profess to attempt, to
proydc for the performance by the United
States OF duties and obligations belonging
to States, are unconstitutional and void.


10. That therefore the action ofthe Judge
Of the District Court of the United States
for the Western district OF Virginia in as
suming Jurisdiction OF the cases of Lee
Reynolds and Burwell Reynolds, parties
charged with crime against the laws Of this
Common wealth, aud held to answer there
for by the Circuit Court Of Patrick county,
one OF the courts OF this Commonwealth OF
competent jurisdiction, and his removal OF
those parties from the custody Of the sheriff
of Patrick county, who is the legal custo-
dian of the same, to that of the marshal OF
the United States, and his proceeding to
try the same in the Circuit Court OF the
United States for said Western district, is an
attempt on his part to execute the laws OF this
Commonwealth, to regulate her internal po-
lice in the courts and by the officers of the
United States, is unwarranted by the Con-
stitution, is destructive OF the right of the
people OF each State to protect life, liberty,
and property in their own way by their own
courts and officers, and ought at once to be
remeGied by proper judicial action, and any
recurrence OF the same prevented by ap-
propriate legislation.


II. That proper provision by law ought
to be made for the prompt and effective SUI
pervision by the Supreme Court OF the
United States Of all the proceedings OF the
Judges of the inferior courts of the same
when they deny any right claimed, in any
matter before them, under the rights re-
served to the State or the people, or the
rights guaranteed by the Constitution OF the
United States; and this supervision ought
TO be exercised by interference, before
wrong is done, asrwell as by appeal after one
has been committed


H. That the Governors hereby requested
to direct the Acknowledgement 10 institute
proceedings, in the name Of this Common
wealth. before the Supreme Court OF the
United States, and to demand in her name
such protection and redress as that tribunal
can afford in the premises. to the end that
the parties now wrongfIlly held under the
mandate OF the Judge Of the District Court
of the United States for the Western dis
trict OF Virginia, may be returned to the
custody OF the officers OF this Common
wealth, then to be dealt with as her laws
direct.