The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-10-26

not the duty OF an omcer III sucn case W
resign-on the cont airy it is his duty to
hold on to his Office and to see to it, that
the constitution is supported and obeyed.
The constitution is the highest law of |
the land, and it is the duty of all persons
to see that it is observed, and the more
especially of all officers who have sworn |
to support it. For an officer to resign in
50 Oh case is to be unfaithful to his
dnty and untrue to the community
nay more-to resign in such circumstanc-
es, is to be traitor to the foundation on
which rest the rights and liberties ofthe
people. ben 80
Let us further observe that Chief JUS.
tice Marshall and the Courts OF the Uni:
fed States, and also of most of the States,
If not of all of them, have, over and over
again, declared that all laws which are
repugnant to the Constitution are void;
Mr.. Madison in enc of his State papers,
says: mo legislative act, which is con
trary to the Constitution, can be valid
How is it possible that that which is in
valid and void can at any time have any
force or validity? 1t is simply impossi.
BILE and absurd. twas on this principle
that the Supreme Court of the United
States, in the case of Osborn and
the Bank of the United States-(b but real
]y the case between the State OF
Ohio and the Bank OF the Uni
ted States) made a personal decree
against the Treasury Officers OF the State
of Ohio, making them personally liable
for the forty thousand dollars they took
| from the said bank, under an act OF the
Legislature of the State of Ohio, levying
a tax of fifty thousand dollars on said
Bank-the Supreme Court saying that
the law of Ohio was void, and it, there
FORE could not justify the Treasury Off
GERS in obeying it-tbat as it was void
law, these Treasury officers and all Others
were bound to disregard it. And so the
Judges Of the election here are bound to
follow the Constitution of the State, and
give vote to all to whom the Constitu-
ton gives it, and so TO disregard the act
of the Legislature The judges of the
election will find that neither this charge
OF Judge Caldwell to the Grand Jury, Oh
this unconstitutional act Of the Legisla-
ture will be any defence to them when
they are sued for taking away from a
voter his right to vote. .t
Judge Caldwell, and every other
American Judge, well knows that all
unconstitutional laws are void, and will
Justify the act of no one who may seek
or attempt such shelter under them for
depriving an individual of his rights
The constitution says the Governor may
pardon any and all offenders not prose
cuted by the House of Delegates. Sup
pose that the Legislature had declared
that the Governor should pardon no one
who had been in the Confederate ser
vice, or had voted against the constitu-
ton of West Virginia; but the Governor
took it into his head, that as the consti-
tuition gave him the power to pardon
such, he would pardon one of these Often
| ders and did so, but our patriotic Sheriff,
Col Seybold. was opposed to it, and de-
claring he would disobey no law till the
courts pronounced it unconstitutional,
aud therefore he would hang the man, and
hang him he did, notwithstanding the
Governors pardon-what then? Answer
The Sheriff could be guilty Of murder IN
the first degree.
| So the Governor may remit fines and
penalties according to the constitution,
and he does so, but suppose an act of the
Legislature should declare he should not
remit fines; would the Sheriff, in such
case, be authorized to sell the mans
property or to imprison him for the fines
till the courts decided the question:
Surely not Col. Seybold, we are aware.
has outgrown his normal condition, but
let him venture on such an experiment.
he will not do it the second time.
The constitution says all white cIti
zens, who are not minors, &c, &c, may
vote; the Legislature enacts that 10 "cop-
perhead" Democrat shall vote. Would
the Judges obey the statutes, in such
case, till the courts should decide the
question Nonsense.
Let us here add test or two more
The constitution declares that the Legis-
laturc shall not prescribe any religious
test. Suppose, however, that the Legis-
lature had done, in this matter, what it
has done in regard to the late rebels,
namely, enact law that no one should
vote till he had declared, on oath, that
he was not a Unitarian, or Universalist,
in religion. Must men lose their votes
till the courts pronounce the law uncon-
stitutional t'.,'l.
In another place, our constitution pro.
vides that in all elections by the people,
the mode of voting shall be BY ballot
But suppose Legislature getting tired
of this mode Of VOTING nsssed law tbat