Year: 1873

RICHMOND. Sept. "a, 1873. !


To the Voters of Virginia..


The political coz test in which we are now en-
gagged is ooe OF the most important that evel
occupied the attention Of the people of Virgin
ia. For the first time since the close of tht
war there is no extraneous element to influence
our course in the management of the affairs o.
the State. In the contest of 1869, we were mo-


left to a free and untrammelled course, In the
selection of our candidates we had to look a.
broad for approval. We had to turn to Wash
ington and please the authorities there We
were then seeking to be restored to the Union
and through the wisdom Of her statesmen and
the energy of her Sons our noble old State at
tanned Der object. Now the struggle is diff
ferent ore we are DOW seeking to restore the
State to her ancient identity, and to place her
in the proud position she once occupied in the
peerage of States. Such is the struggle now,
and is il not wortbg of our highest efforts?-
Should il not stimulate our energies, and awak-
en- and bring into pay every feeling of patriot
ism?


This is the object aud the aim Of the strug-
gle in which we are now embarked. And at
the outset let us take counsel together and de-
wise the means to conduct it to successful
termination. The first and most essential step
to accomplish that epd is to put into office hon.
est and capable men, who are faithful to the
constitution and devoted to the best interests of
the State. Fill all The departments of the gov
Legislative, executive and Judicial
with such men, ard you will have taken the
first aud most important step to restore the old
State to her former glory and renown.


The Conservative Convention which recently
assembled in this ~, composed of men dis
tinguished for their patriotism, intelligence and
refinement, have placed before you candidates
to till the executive department OF the State
candidates worthy of your most earnest sup
port They are men of lofty character, unim-
peachable integrity and large experience in the
public councils. Two of them have attested
their devotion to her honor and her ancient
principles by their deeds of heroism and have
given evidence ofs patriotism which held life
and fortune as lig ht sacrifice for their moth
er.


But hese are not all the officers we have to
elect; We have to choose members of the Leg
islature. 10 its anxiety to elect Governor,
Lieutenant-Governor and Attorney-G General,
the Conservative party should not overlook the
necessity of securing The Legislature OF the
two departments wloh will be filled at this
election he Legislature is Of far more import
ance 1t Yields vastly more power than the
executive aud Judicial departments combined.
Fts acts c)me home directly to the bosoms and
rae business of the people. Ia truth, it fills
the judiciary by its own selections, and with the
power by a two thirds vote to override the veto
of the Governor, it practically controls the ex-
ecutIve department of the State. The Legis-
lature does not derive its powers from the Con
stitution Of the State. Its powers are not de-
rivasive, but original and independent. 1t ex-
ercises all the legislative power which resides in
the people In their sovereign capacity, except
so far as it is restricted by the Constitution Of
the State aud by the Constitution of the Uni
ted States These are restrictions which the
people have, in framing their organic law, vol
unfairly imposed upon their legislative will, and
hence the Constitution of the States is not a
chart comforting powers on the Legislature, but
is an inst trument containing limitations on the
power derived by the Legislature directly from
the people.


It would be difficult to enumerate all the
powers of the Legislature. 1t can certainly pass
all laws affecting our civil rights, aud all laws
affecting the privileges and immunities which
belong TO US as citiz3ns OF the State. An at
tempt was recently made to restrict the power
of the Legislature over the privileges and i'm
munities Of the citizens of the States by means
of the XIV Amend ment to the Constitution of
the United States. But the Supreme Court OF
the United States decided 10 what are knowa
as the Slaughter House Cases, that the XIV
Amendment imposed no restrictions on the
Legislatures OF the States over the privileges
and immunities of the citizens Of the States ;
and further held that the custody of these vast
interests were left to the States to their courts
and Legislatures. ln deciding the case the
court make the distinction between citizenship
of the United States and citizenship of a State
and declare that mot only may man be citi-
zen of the United States, without being citi-
zen of State, but an i'm portant element is
necessary to convert the former into the latter
He must reside within the State to make him
a citizen of it, but it is only necessary that he
should be born or naturallzed In the United
States to be citizen of the Union" The
court then proceeds to say that ''of the prlyl-
leges and immunities Of the privileges and i'm
munites Of the citizen of the State, and what
they respectively are, will presently consider.
But we wish to state here that it is only the
former which are placed by this clause under
the protection of the Federal Constitution, and
that the latter, whatever they may be, are not
Intended 10 have any additional protection by
this paragraph Of the amendment. And the
court adds, that with a few exceptions In the
Constitution of the United States ''the entire
domain of the privileges and imnaun,ties of cit-
izens of tie States as dbove defined, lag aotthin
the constitutional and Legislature ooaoer OF the
States, and aoithout that of Federal Govern-
naent.'


This is most important decision. Itremits
to the people of the State. to its courts and
Legislature, the custody of the privileges and
immunities of its citizens; and the Conservative
party must ses how essential it is to the pre-
servaton of these vast rights that we should
return Conservative members to the next Leg
islature. A glance at some of the SUBJECT that
may come before the Legislature will stimulate
every Conservative TO renewed efforts to secure
that body. Let us mention some of them:


l. One of the most important duties that de-
wolves upon the Legislature, is the election O.
judges. The Legislature fills the whole judici
ary. Ii is true these positions are DOW occupied
but vacancies may occur, and it is essential te
the best interests of the State that the bench
should be composed of honest and capable men
Chief-J usi ice Marshall torcbly expressed this
view when he said


Il have always thought from my earlies
youth till now, that the greatest scourge an an
cry heaven ever Inflicted upon an ungratefu
and SHINING people was an ignorant, corrupt o