The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-15
-OIs PRINTING
JUDGE POLSLEY'S OPINION.
On, the Motion of VIM. 4. Quar-
ricr to be permitted to practice
in the Circuit Court, 9TH Judi
cill Circuit, West Va.
TCoSTlNCED FROM LAST wELI.

CONTINUED FROM LAST wELE.
\ doctrine has recently been proclaimed
from more than one high source aud repeated
! here. in the argument. by one Of the counsel
nj lcnst, ns sound doctrine TINT il il the duty
not only Of the pccplc, hut of all executive and
ministerial officers. 10 refuse obelieucc to any
Legislative act which. in the opinion OF any
such oAirtr, IL unconstitutional. More: ht
who has been appointed to compile. arrange
AMI codify the Laws Of our Stn'c earnestly
nnl graYeiy aIris"s the least experienced o0i
GERS of the State not to obey certain net oi
statute, hrcnusc-what? Because they arc
sworn tn support the Constitution. and. in hi
OF u;"n. the act is unconstitutional. lie dor'
leo: >rr ijat they are also sworn faithfully it
,h.c3. <" ia" 'iutirS Of their Ohce. y" Oihri
reason ,% :ivrn. ilc hat nat grown grny IN
IT," rrnl"ss :un. hut is nevertheless OF mature
yrlIs anI s,qnis in tn" & ont rank nm:nl
"a" iurisr. o: the State He j. not alone. Til,
:,'!!c: g; IA" profession in ih:S Valley, Il
whom W. navr Nj l"'"n went 10 look for nd
vice anl :nsi,i;ci;nr.-a iitr-!OrS COnsrrrn
iiv"--ani h;thr, to - s:rir. ui farm aul consis
;rEt "IImacut Of what IS cHmn"niy called
Hnlira;sm and A"arahy, ruiorseS both IN,
cJin on AMI III" G8i"r.
piScns.ioa--iuli aud free discussion, is tho
RICH, Of every American citizen. II is not
only his right 10 form an opinion, hut niso td
prntlaim it 10 the world. II, in his opinion
. an &C, af the Legislature is unconstitutional
it i. ho:h bis right anil his duty TO protest
acnins, it, aud to demanl it's repeal, or e1
rm.yntion from the statute hook, hni not .c
resist. or to ac'risr The ministers Of the law Il
resist, its execution.
IL either Of these eminent mn doubt the
cons;itu,;nnalty Of the act in question, he
wrIl knows how, peacefully and lawfully. and
wiraont hazard to the citizen whose duty II is
To- cxccntc it, to teS: il; aud if his opinion IL
confirmed by the judiciary, to have the ac'
declared invalid, void and Of no effect.
Bu, such process is too slow for c:o'lern
conservatism. II caunot wait for the ballot
box to speak for the second, sober delhi
cratouS ot the Lcgisinture-nor for the SOL
r.rn adjudication Of the supreme Court.
,rcn,h,c 10: the COOL name and fair fame
~ c,." new Snd beloved State, wheu ! heal
-" al; i. mos: c...!ratrl jur's,s. who shore
"1n., ;cur;!-i" aad horc leading part anon.
ii" i:,;,,;:agi,> il tiat assembly "r patriots
rE, ...:,>,n": ut:c., framed the Constitution,
uf cn. y"uac. p"om! aul prosperous Sta'c
p:Uciu:T%;ng Ia It's citizens and 10 its cNcru'
1--WE rnd ministerial officers. that m"y md
rcch nf them omJM 10 disregard and disohey an
ac; %! that department Of tho Government in
; which il vcsici all the law making power Of
the State. It il IL the riyh Of each ciiizrn
aud Of every such officer thus to pnt his veto
OF any act Of the Legislature, what supreme,
or rather what ridiculous fully IL the conclu.
ling section Of almost every statutc-"this
act shall he in force from its passage! |,
oueh, rather 10 conclule-"this act shall be
in force from md after lis approval by the
Supreme Court" Why did not the trainers
Of the Constitution provide against this folly?
have felt myself, in some sort. compelled
10 express my utter abhorrence Of this d;for.
sanizing doctrine, because | fear that the
demon OF secession, anarchy and revolution Is
not dead. bat that he has found hiding place
n--not in their hearts. because know they
luathe and ,lcteSt him. hut in some dark and
obscure corner Of their -. | hrg-l i'm.
pore them TO ron, him out. aud cast him into
the botlomlcss pit. May they rcdrcH For
their positions and wcll.carncd regulations
give their opinions IN influence potent for
good or evil.
In the meantime feel it my duty, the sub.
jcct having been incidentally, hut very fully
discussed. TO give il nc my most deliberate
opinion. that it is the absolute duty Of min
isterial or executive officer faithfully 10 exc.
cute the provisions Of the act alluded to; un.
iii or unless it shall hc repealed by the legis.
laturc. or declared void by the Supreme Court.
But our counseloys, If they have not cangh,
the spirit Of the wise men Of the school of
'9S-a, have learned their prcccpts, aud are
following their example. They, too, were
strict eonstructionists,- Phnris after the
mos, siraishtes, sect, -superla'irely conscr.
vatiyc!
+ too, claim to be conservative. learned
Il from the example left US by the Father Of
our Country. anl from the teachings OF liam
iI,on and Madison, the master rorEmcn on
our national Constitution, and from Clny and
Webster and Marshall, itt greatest expound-
crs. They taught that it was our duty I" love
the Union, TO support the Constitution, and to
submit to and obey the laws.
This lesson wns learned in my yo1lll ond
in MY old age it has not been forgotten. IRE.
serve the institutions Of our Country, but
pro5ress; improve them, If We can; do no.
destroy or eface them; but tall hazards, let
tliem be preserved. But do not call that an
institution which Was always q blight and a
curse-a dark spot ON the sun Of our Political
horizon, and which has happily ceased TO
L. .r