The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-15

MnuSon. ISL CfA"0", 'c~'' ~ VI 's''
doctrine. t.
The great Chief Justice never uttered snelI
sentiment. 1t was first shadoTed forth IN
the Kentucky and Virginia resolutions OF %
and '99, and afterwards openly nvowed md
asserted in South Carolina by Mr.. Calhoun
nml his disciples, which euln'nucd i'll the
celebrated notification ordinance in that
State. the memorable proclamation Of Prcsi>
dent Jackson and the political death OF the
chief authors Of the now exploded doctrine.
DO our authors court similar martyrdom!,
The same doctrine wns much moro recently
! avowcd by many politicians OF the North, as
we'll rs in the South, under the leadership OIL
Mr.. Haliandgham, OF OhIo. Congress had
PASSED what wns commonly called Cohscrip-
: ton law, authorizing tic President, by
draft, TO raise additional troops. NC. This
Inv, in the opinion Of Mr.. Nallandigham. and
an hundred other men of cIwnllI nnenvlatlr
! no,orletv, was pal pably unconstitutional; aad
the grca, champion OF the d"cirae undertook
to assert AMI eulurcc his opinions. We all
| know what followed. because he could not
uul!iry the law, he shortly afterwards went
South, aud from thence into disniiicd retire
mrnt in the far Norih.--a martyr to the
sacred doctrine TINT ''it iS the dniy OF mnistr
riM officers nnd individual citizens TO resist
the execution Of laws which, in their opinion,
are unconstitutional"
No; the great Chief Justice never uttered
the sentiment, and was incapable OF uiterins
it. The appeal to his opinion and Judgment
is scarcely less reprchensihle than the appeal
of the hmpter Of our Saviour 10 the Holy
Scriptures.
| The orinion Of the Chief Justice. in the
! very case referred 10, is exactly. expressly
and clnphnlicaly opposed to the construction
! put upon it by the advocairs Of the doctrine,
no, once, or twice, bu, three or four times.
in as many separate and distinct paragraphs.
! Aud in no part Of that justly celebrated opin.
! ion, which was cOncurrcd in hy the whole
/ Court, aud which has ever since been rccriVcr
aud confessed tc be sound constitutional law
I is there n paragraph, schtcnce or woid ihvor-
! ing, or, in any respect. cOnntenanclng the
! doctrine conten1cl for hv our authors. The
: Judgment Of the Court, NJ pronounced by the
/ Chief Justice, is summed up md condensed in
the following emphatic languages:
at is cmphatically the prorinte and duty
of The Jmlicidi department to say what the Inv
is. Those wko apply the rule TO particular
cases. mus, Of necessity eSpound aud inter-
pref TINT rule. II two laws conflict with each
other. the L1urn must decide on the operation
: OF each
| TO the jadiciR department Of the Govern
mcnt alone, is cunfded the high prcrogatire
OF passing upon the coast:tutionaliiy Of ii
! Legislative enactment.
; Would you elevate m inspector of elections
the officer Of n day, int" II judge, or court
with power 10 annul nnd declare voi'l tbr Gets
! of che law making power Of the Stnte: Judge
! Marshall never 90 advised, or uttered n scnii.
ment iavoring the idea. 1t had its origin in
an OPP osing school Of iurs,s, with which he
never haL any sympathy. Advise an nspec'
tor 10 disobcy n solemn act Of TINT very power
! from which he derives his authority! SurI~-se
! he adopts your advice. and is afterwards in.
lictci md fined for his refusal to obey Il con.
slilutioual law. Who will indemnify him
| His plea, that he MomgM the law was uncoa.
stitulonal, will avail him nothing; for "igno-
rance Of the law cxcusclh no man, much less
Il cYat3maeious officer.
! Suppose another case: The Clerk OF this
Court is q ministerial officer. So much OF
the act Of Congress rs directs revenue
stamp to he put OF any process which issues
from this Court, is in my opinion, ~ wsl! aS
! in the opinion Of most Of tho members Of this
! Bar, and thai af several Of the Circuit Judg \
Of the State paipihiy unconstitutional. The
! act in question imposes heavy penalty on
! the Clerk il he issues any proSnSs without
stamping il; and also makes it The dniy OF
! the United Suites District Attorney to prose.
cute him for this sin Of omission. Yet would
! any member Of the Bar, or the tonr' Itself,
ADVICE tEr Clerk 10 omit :hc stamp? Qr. It
the Cicrk We're to uait it, aRl be indicted in
! the Federal Court for the oilcnsc, would the
, icurnrd District Attorney accept, MS justin
cation, plea that the Clerk verify believed
the nc, to be null AMI void? Or. il the Clerk
+, IL conrictod and aEc'l, is i; probable that the
: President, for such reason Or Oh Euch pi"n.
! woull remit the penalty?
! What c!sc produced the rebellion? Tn"
exclusion o: slavery from the nrr:t"Ti":, and
the election Of what they callcd sccrional
President, were, We were told, clearly and
palpably unconstitutional.
The people nor the public officers were
bound to observe the laE Of exclusion. nor to
recognize or acknowledge Nr. Lincoln ns
{ President Of Ihc United States; but were ad
visrd to resist the eulorcenlcn, Of the uncon-
sitntional laws. and to repu,liatc the auIhori.
~ Of an uncous'itutiOnally elected President.
This was the immediate beginning Of the
rebellion: and The people Of eleven States Of
the Union, following the advice Of leaders,
! ienrncd in the law and the crnft Of states
mnnship, p!nn:oI hcndionS into nm armed
, insurrcc,ion against their Government, md
sacrificed themselves, their sons, their prop
crty and their negroes, on the bloody altar
thu. erected by their prcsnmptuons advisers.
Do our couuSclors advise us to emulate the
example OF our crring brethren?
Bu, to the law and the testimony l. Vim.
4. Quarricr eligible to the Office or place Of
Attorney at Law?
By the Constitution aml laws Of the State,
certain qualifications are made essential, rs
conditions precedent to the election or ap-
lNintmcnt Of any man to any office.
The Governor must he 70 years Of age: he
must hc voter and citizen Of the State, and
must have resided therein at least 5 years ::
10 other qualification is required; if hc pos
ScsScS these. he is eligible to the office Of
Chief Magistrate.
4 Judge must be voter and citizen, or
resident of the State for the last . years, and
IS years old. With these qualifications, he
is eligible to the office.
4 citizen and voter 2l years old. is eligible
to the office OF Sheriff, or Clerk, and to most
other Offices in the State. H..
But no man iseiigblc to the Office or place
Of Attorney at Law, until he has resided
twelve months in the State, until he is
twcnty.onc wears ofagc, until he has prortt,
=: =. ....3 thot hn &c q nan NJ hooe,I