The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-10-26
Judge Caldwell md the Act Of the Leg
islature 20 Take Away from the Git
izens the Right 10 Vote.

| IzenS the Rl&nt 80 VOAc
The constitution of our State, which
was made during the war, gives the
right to vote to all white male citizens
who are not minors, paupers OF insane,
and who are residents for one year, and
not under conviction for treason, felony
or bribery.
But the Legislature last winter added
another disqualification, namely: That
no one should vote who has not taken
what is called the test oath. This is in
direct conflict with the constitution, and
a gross attempt to alter the constitution
by a mere act of the Legislature. But
the Legislature, as Judge Caldwell will
agree, can not alter the constitution. He
will agree that if the constitution gives
me theright to vote, the Legislature can
not take it from me.
But when / offer to vote who is to de-
eide whether have vote Answer
the judges OF the election-and as it
is the constitution which gives the right
to vote, the judges are required to sup
port the constitution when they are de-
Gliding whether one may vote or not
That is, they are to decide whether the
constitution gives the right or not be-
cause the right to vote depends or the
words and meaning of the constitution
and on nothing else The judges are
not sworn to support the act of the Leg
islature, but they are sworn to support
the constitution Yet we have Judge
Caldwell here declaring that the judges
of the election are not to support the con-
stitution but the act of the Legislature
when they are deciding whether one
may vote or hot. Is not this monstrous,
monstrous Thus does he put the Leg
islatue above the constitution; and thus
does he attempt to dispense with
the oath the constitution has de-
clared shall be taken and kept by the
judges Of elections,
Judge Caldwell in his published charge
to the Grand Jury, declares that
whether the act of the Legislature is
constitutional or not, can not be consid-
cred or decided by the judges of the cleo
tons or the citizens; and that till the
courts pronounce this lar unconstitu-
tional, all persons, including the judges
of the election, must regard and respect
this law as a constitutional one whether
it is or not; and that, notwithstanding
the Judges are sworn in their official ca,
pacity to support the constitution.
Surely Judge Caldwell made this de.
liverance without consideration. 1t is
not possible he can. approve of it, when
he deliberates. He must have confound-
ed refusal to ex ecute law which is
contrary to. the constitution, with an act
of open and forcihle resistance to gov
eminent, when the truth is, there are
no two things more unlike When a
Judge of the elect ion, or Judge of a
court, or an individual declines to carry
ont, or to execute law that is uncOn-
saitutional, he is not guilty of resisting
the government, or Of rebellion i'm any
form. Had tho Auditor or Treasurer of
Ohio said. the act OF the Legislature of
Ohio is cont raly to the Constitution of
the United States, cannot, therefore,
obey it, would he have been guilty of
rebellion against the State of Ohio2 If
Judge Of the election intimates that
the law which enacted the test oath, was
i'll conf let with the constitution he was
sworn to support, did that call
for proclamation from the Governor
init mating to him that he must overlook
the constitution and follow the laws
President Lincoln did not treat the laws
OF the States which were repugnant to
the Constitution of the Uuited States
IN this way. On the contrary he COM
mandetl all to disregard the unconstitu-
tional laws of the state; and President
Thomas Jefferson did the same when
Governor Snider of Pennsylvania propos-
ed to disobey law of the United States,
because law of Pennsylvania ordered
him to do so. Nothing is more vain or
delusive than the notion, that an uncon.
stitutional law has force till the courts
pronounce it unconstitutional. That which
is void, as all laws are which violate
the constitution, can never have any
force or efficacy Judge Story, in his
great work on the constitution, does not
agree with Judge Caldwell He says
expressly that such laws have no force,
"and that it is the duty of all officers, as
a matter Of necessity to decide in the
first in stance upon the constitutionality
of such laws" "that till the courts settle
the Question, whether law is constitu-
tional or not. it is matter of necessity,
that AL officers, shall, when their duties
requir them to pass upon laws which
are So pposed to be contrary to the con.
stituti on, each for himself, decide the
questf on in the first instance" That is
what Judge Story decides and declares
10 BE- the duty of the officers in such