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

WAVES PAUL,
y. RICHARDSON, ~
"a + (, 49, :.
$500 1.-...,.rs Of
IIe6sio6s.
ma .x,... xa.% an nnconstftu.
Toe ptVP0easion Wv ,-,.4.
..,x h.. h>er,
ly uoi9 and has no torceof saso'' ~
49, "a nearly salf evident that 1t
cVussosSsa "
hsa neyer bean Questioned py any POI
son entitled TO . resPeosspis
an q l>vvver. IL has been regarded almost
- is"ye&' s.e. q
a legal d9j0m that neeoeo no ProoAi ~
h.. 49,, asmittsd With such unanimity
that he must be srash man who ven.
.,x~,r..t a., on;p;on
lures &C THIS osy 70 eontfV'oi'su
Loo s.et1ad and m wall founded.
" Vne e0sS~S
Nevertheless, In order 70 make asSu'
rance douoiy sure' ~ne
tablish the doctrine 80 plainly that none
a;.r,+. T. vo ouota the
can cavll AZ OF aispuse i'' "o 4uo.' VIZ
<,,l,,v;no Dasaa0ea from the decision of
foiio"inS P""'
.,, c.,.e yr.+;,. n .pau.1r
as rendered py SnioA Sosstse
I, tho celebrated case of MARBURY rs.
~ 'Ao ,.r.
''AD -. I..;.,..,,. A.. defined
and limited |; and that those limits may not b
mistaken Or ioTg0sen sps DSWsrs limited and
to what purpose Is that limitation committed
to w S .bos sss sossn1sd To 5. The
distinction between gcver1msnt With limited
ia do not connne the persons on whom they are
:n,posed and II acts prohibited and acts allowed
ars Of equal obligation. It Z q 1repessttsn 700
p,an % 6s eentssted thatthe Constitution cotToIs
any legislaties dctSepugsanf to u; or, that the
legislature may alter the Constitution by any
sBetxe snkhsse alternatives thsrsis no middle
oronna TSe Constitution IN sithor z superior
55arsmonnf iaw. hanqeable by ordinary
means. or il q ON q level with ordinary legisls
live acts. and, IKE other acts, ID sltersSls when
II the former part of the alternative be true,
thsn lsgislatiys oct contrary 70 che Constitution
q not las; II the lattsr part 30 true, then writ
ten constitutions arc absurd attempts, on the
part Of the people, to limit power In ito OWL
! aturs Hlimitsbls.
Certainly all those who have framed written
constitutions contemplate them a. forming thu
and conssousnty. the theory Of every suci
EoveEnmsnt mast e. snas an Gee o. M H''s'a
,,.. ..:.. - ..oo,
,.... .h..
N0e'''o.' 'r'e ', 49, -.
any s1' " ZIG 'a .- {
WIZ. '"' .on'.''uA - CO.,
-. 80
.s,ieS Of All written constitutions. It would de-
clare tsst en- act Which according to the prins,i
void, is yet In practice, completely obligatory
%SS GscssS tGs sao sIcs act sast
standing the express prqhibition, is. in reality
PRACTICAL aud real omnipSssSee, With the sam.
breath which Processes 70 restrict thar powers
and declaring that those limits may be- passed a,
%Sasass
deemed the greatest Improvement on polit
@ pHs S w ~ s CONSTITUTION hor
written constitutions have been viewed with $.
out "N Wv
Now If the doctrine be true that ar
unconstitutional law is ,o;d the conelu.
s;,, must follow that e cannot nro,s.,
the officer who exseutes IL II ia void
fr,,,u the begipninr il sbould nat inau.
snre or control the actions of any person.
and whoever enforces il does so in viola.
.;o, of tho s,ar.uo ,ov of n. land .,s
is Justly punishable therefor. But the
question arises: Who is to decide wheth
or an act of the Legislature is constitu.
tional or not We answer, it is the du.
ty of the courts. They are clothed with
iudioial functions, not for the purpose OF
either making or repeating the law, but
to declare whGt the la,o is Their decision
~ final, and, when it has been rendered,
must be obeyed. # the court of last re-
sort and highest authority pronounces
any law constitutional, that law imms.
diately becomes obligatory upon all the
oitizens subject to it's operations. and
must be faithfully observed until il il
formally repealed by the power that
made il. If the courts decide any law to
be unconstitutional they thereby declare
that it is not, cannot be, and has NOT