The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-10-11

stIck functionartss must ~ 1s FSt snnehcs, We
eide upon he conssthtsondhy o. ne ese'c ss.s y
S;schsrse of the functions Of any one, Or Of AZ,
Of the treat departments Of the government, the
executiye, the Legislative, and the judicial Inc
oeiesrs of each Of those departments are equally
bound BY their oaths Of os to sSp ppS
fore conscientiously bound to abstain from an
scta, which are inconsistent with 1t. Wheneperi
therefore, hsy are required to act IN edSe, MT
HITHERTO SETTLED By ANY PRoPkk AuThohlIa,
tkSss funetionaries must, % tas Erst "sta.cs ~
0tpa ZACH FOB HAsELF, paetaeT, c0nsssps"uy
ssiA ne eonstitxton, the act can b DONE
By the way, it is noteworthy factand
one not at all creditable to the candor OF
the Attorney General or to his desire to
honestly advise either the Governor or
the people, that the extract from SroRY's
commentaries which we have given
above 10 taken from the same chapter
which Mr.. HALL quotes in order to prove
that the officers Of elections have no
right to decide for themselves upon the
constitutionality of a law. 1t could not
have escaped his notice, aud yet with
this plain dictum of the great commen-
tator staring him in the face, he attempt
ed to prove that, even if it Is unconsti'
tutional, the election officers are bound
to enforce the test oath law.
Nobody denies that it is the duty Of
the courts to interpret the laws; nobody,
excepta higher law abolitionist," de.
MES that the decisions of tho courts
should be accepted as final and scrupu-
lously obeyed. But before such a de-
cision has beel rendered and in the ab-
sence of any judicial Interpretation OF
the law, it is the duty and the right of
every officer to determine for himself
whether the law is obligatory OF not If,
afterwards, the judgment of the court
confirms the opinion of the officer, his
conduct is justified; if the decision OF
the court is adverse to the opinion OF the
officer, his conduct has been wrong and
he must suffer its consequences
Now let US apply these principles to the
conduct of officers of elections, and the
test oath law passed at the last session
of the Legislature of this State No de-
cision has yet been rendered in any court
affirming or denying the constitution
atty of that law. 1t is therefore the
duty of the supervisors and inspectors
to look at. the constitution for them
selves, compare it with the law, decide
for themselves whether the constitution
and the law are in harmony or conflict
with each other, and act according to
their own decision. Accordingly, we
find in the constitution, Article 3. sec. ]
that, '''
| The white male citizens of the State shall b.
/ entitled to rJte at all elections held within the
election districts in which they respectively re.
| side; but no person who is minor, or OF unsOund
mind, OF pauper or who is under conviction Of
/ trea son, felony. bribery in an election, OF
who has not been resident of the State for one
| y5sr. and of the county in. which he oilers 70
vote for thirty days, next preceding such offer,
shall be permitted to vote while such disability
continues .a
I The test oath law passed OIL the 25th
Of last February, declares that "If the
votejof any person offering to vote at any
election shall be challenged by any voter
present, the supervisor and tho iuspec'
tors of the election shall refuse to aitom
such person to rote until he shall produce
to them an affidavit as follows" that he
has not at any time committed any act
of hostility to the government or given
aid to those engaged in the commission
of such act.
1t must be evident to aiiy one that the
act of the Legislature attempts to add to
the qualifications of voters as defined in
the constitution and commands the Off
GERS Of elections to refuse to allor certain
persons to vote whom the constitution
declares shall be entitled TO vote. We
think that no candid officer can fail to
be convinced that the law is in conflict
with the Constitution. Then, if Judge
STORY is right in saying that each officer
must decide for himself as to tile cOnsti.
nationality of the law under which lie
acts, and if Chief Justice MARSHALL is
right in declaring an unconstitutional
law absolutely void, it is the duty Of the
Supervisors and Inspectors of elections
to conduct the election in this State on
the 26th instant, just as though the test
oath law had never been passed by the
Legislature and never had found place
upon the statute book 1t is no ta,c and
to obey it is to violate the Constitution.
Democratic Meeting.
A Democratic mass meeting will be
hall newt Saturday affarpoop Of Uo,t