The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1858-06-30
sy Look at the new advertisements.
The State House and Penitentiary
r4 Acts.

As we stated last week these acts have
been declared unconstitutional by the
Republican Supreme Court. We make
no pretensions to discussing the constitu-
tionality or unconstitutionality of these
laws, and would submit without q murmur
to the decision of the Court, if it were
not SO apparent that political prejudice
was the controlling power in forming their
opinions.
In the first place, when the laws were
before the Legislature every Republican
member did his utmost to defeat them,
and every Republican paper was denounc-
ing them in unmeasured terms. Not only
this but the Republican State officers, and
even Governor Chase himself, were hang
ing about the Halls and button -holing
every member whom they supposed they
could influence. Governor Chase got up
suppers and invited to them such Demo
Gratis as he thought he might operate upon
successfully. On the very evening when
they were passed the tricky Governor had
several Democrats slipping wine with him
at his house.
The Republican Judges knew all this.
They knew that the Republican party was
inyeterately hostile to these acts; and they
furthermore knew that this same Repub-
lican party was their only means of future
political promotion. What, under such
circumstances could be expected of o
Court composed chiefly of men who are
better politicians than jurists? Just what
has been done. precisely. They have bow.
ed to the clamor of the party which hold:
the reins of their future destiny.
After the decision had been pronounced
there was general jubilee among the
Republicans. Flags waved throughout
the day over the Penitentiary and State
House, and Republican papers aired theil
"roosters" in announcing it. They re-
Ijoiced that although the people had
through their representatives., passed those
laws. that they had the power to nullify
them. They rejoiced that they had elect
ed men to Office whose official acts they
could control by their clamor, and make
them subservientto to their partisan schemes
We present below some extracts from
the speech of Judge Thurman on thu
trial. Nothing but the great length o
the speech prevents us from copying; i
entire: s Ha s9a7s
Judge THURMAN commenced by show
ing, that the mode selected by the Legis
lature for making the appointment o
directors of the Penitentiary and Com
imssioners of the State House, was not
new invention, but the enlargement ant
following out of tried and constitutions
method. The Benevolent Institutions ar,
placed under the supervision of Trustees
1 who appoint the officers to govern them
4 There is an analogy between these Board
of Trustees thus appointing the officer
of the Benevolent Institutions, and tn,
appointments by the gentlemen selected
for that purpose by the Legislature in th
acts now questioned.
4 When the prohibition was before th
Committee of Revision there was no ex
ception to it but United States Senator
and the officers of the two houses. Whel
the committeereported it back it was witt
the proviso. except as prescribed in thi
constitution" This was very pregnan
sentence, and it is impossible to give it du
application, unless it is allowed to relat
to the appointment of Directors of tn
Penitentiary and Commissioners for tn
completion of the State House. Mr.
REEMELlN proposed to take away all ap
pointing power from the General Assem-
bly,, but it was disagreed to, and he is nov
acting under an appointment made by tn
y Legislature which enacted the statute
questioned-b by the writ. (Judge WARpE,
saia, tast M. RSEssssM lad sstsrtaias,