The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-09-21

is pXcppteU. \ on SNSi1 o. ''"ft ~ a.
first section of article thifo, as y 81 ~
every other part Of than iilslful'i ~,
Nor is there aaY qualt3Gi!!t.io3n w o9 ~
dition: and III opposition, u II ili''as ~
10 Legislative arts III E1ot"5'oaA y -
provisions. ..z,=F
lrha Leaisla{stl.e lave no power except
v,ba4 l. derived Grom the eon5tl'AsiVi4.
flnfsidp Of this limit, their acts are not
ia1ys= nor are they obligatory. apoe - 80
onnIwhether officer or indiylay;Hs . 41i57
+ fine GREAT principle upon v hlcn "fi il'-i
constitutions operate; ana q iits9 ~ ~
acl.nowledged as such from the tliiS 5tE
G,,sf constitution was formed III t415
a1,,,,f,.<r ia thn present day. we d0 hoo
Q,.e,son4,i1e orr pariianents as 6mhlfo-
tenf The very purpose 81 q Nflttch
CONSTITUTION is to mark out Tor the i4cglS-
1a4,4re as well as the other departmente
'c (Fo.rernnepat. the limits within when |
IS ~ r. n3ay act. When they pass those
limits. they act without authority ana
fheir acts are void.
Permit me TO say that q Tree govern
nent cannot long be maintained tlieSs
these constitutional limitations are ilela
sacred. Thy are the only Pfoteeaoa
I7n}oss fbpr are preserved inviolate, the
iibartv md rights of individuals must
he Non af .,ll times subject to the Will OF the
dominant party. Each party, III it
nm rs f succeeds in obtaining. control
Of Of he government, viii tyrannize over
and proscribei opponents. Yhestruggie
of narties will be one sides, for power
yenoeanee and plumber, and upon tne
other for the preservation OF life, liberty
9 and broperty. Nothing Will preserve
, ,s from such a state of things il the re-
s{raints which our constitutions impose
upon the madness of party spirit are
habifiallv disregarded.
R,lt & has been said that the ACT III
ouestion, whether constitutional of 10y ~
IS obligatory until properly adJadsse 20
he a nullity, and that II Is the GUY u
fhes,,pervisors and inspectors OF electloiis
to execute it, instead OF undertaking "
espound the constitution. IN
Such a doctrine IS at variance "ltll ali
we are tanobt concerning constitutional
la,, None of the expounders OF our
constitutions have ever to my knowledge
intinated the existence of any such rule.
IF the act Of the Legislature be in Vlo-
latin of the constitution, it is void from
fhe time of its passage, and Nold as 70
every person, officer or not. ! ao not
eom1rebend how it can be the duty OF
the officers of election to execute an I'M
constitutional act. and at the same lllie
The duty of the courts, when sitting III
iudoment upon the proceedings OF tnose
officers. to adjudgethe act to be anuill d,
Snn,ose q ease to come before the
co,,rts Involving the validity OF the acl
IN ouestion, and they decide 1t to be q
nuliity: what must their Judgment be
The courts do not repeat an unconsii1u,
tional act. recognizing it as in force untl
'. repealed. # they decide it to be un'
constitutional, the judgment Is that I
, never was in force as laW-that from tiis
J time of passage ii was nullltN-thal |
, was not at any time obligatory on TN
supervisors and inspectors, or any ON
f else-and that it was the duty Oh thos
G officers, not to execute, but 10 dlsreSar'
it. They will hold that an unconst!tu
!. tional act of the Legislature, which Is
# mere nullity from its origin, can lurlilsl
p no protection to the officers of election
/ for failing to perform Their duty accoio
u mo to the constitution and the law.
i When the LEGISLATURE of Old Virgini
@ in 1861 passed their unconstitutionalact
:. nv which they attempted to force III
@ people of West Virginia into the Sou'i
t ern Confederacy, were those acts opllg'
:. tory on us until properly adjudged 10
n nuilitieso Was it the duty OF the on
:, ,,nrs Of the State to execute them lilstes
Of undertaking to eXpound the consul
f lion; ~ Fortunately, we did not act !,
= an u such principle. We then held IN
+ Unconstitutional legislation was not o
n liratory on any one. .,,;5n
+ III If + be the duty of the supervise {,
y and inspectors to execute l'lls ae. ,i uil
: 60; = i nrdnerly adiudged TO be Il NUM-
q h. how e. can il ever be adiudged you ;
4 those officers for rejecting a soon t W.
n r raes ae t pursuant 70 the act of
~ legislature. and that it was their Gu i,l
- to do SO. whether the act was constr
Z tional or not. If the principle, when
"a are examining be correct, the delei
- M, must be sustained and no question
ii lafine to the constitutionallty OF the
- can arise. because it is equally the GU
ed of the officers of election to execute
re whether it be constitutional or not.
lis To adopt this principle is to make
Legislative will practicallysupre.m,e u
nd All questions. Their acts, Whether 6
N. stitlltional or unconstitutional, will c
ye. tinue obligatory on the officers OF
It state until they are properly adJua'
Eat to be utilities and they cannot be pfou
lis to the test of such Judgment: =