The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-10-05

stitutonal, he should enforce it. If he
believes it to be in violation of the con-
stitution, he cannot enforce it without
committing perjury.
The duties devolving upon the super
visors and inspectors are not ministerial.
They are judicial functions of the high
est character. 1t is for them to decide
who, by the constitution of the State of
West Virginia, are entitled to VOTE
They examine into the facts of each case
as it is brought before them, and lil1ethe
Judges Of the Circuit Courts, apply the
law to each case as it arises. If the con-
stitution and an act of the Legislature
conflict, they must necessarily determine
which has the higher authority. And
Governor Boreman could with just as
much propriety send circular to all the
Judges of the Circuit Court informing
them that it was his opinion under the
act of the 18th. of November, 1868, that
attorneys at law should not be allowedt to
practice without taking the test oath, as
to instruct the judges Of election that a
citizen should not be allowed to vote
without submitting osuch attest. What
would the judges of the Circuit Court
say to such a circular? Would they not
regard it as most indefencable inter-
ference With their duties: Is it less so
with the supervisors fthe election? Are
they not like the judges, Independent
officers, elected by the people, invested
with high j1diciM functions, and held to
stern responsibility by their oaths of
Office and by penalties prescribed for the
violation of their duties?
Governor Boreman's preteXt for this
circular letter is, that it is his duty "to
take care that the laws be faithfully eX-
ccuted,e undoubtedly it is, where pro-
per case for executive action arises. But
does that give to the Governor the right
| to impose his opinion Of the loac upon the
other public functionaries Of this COM
| monWealth who are entrusted with its
administration Isthisn the assump-
ton by him of judicial authority: Is
he not seeking to make himself by the
act Lord High Chancellorand Keeper of
the consciences of all the supervisors and
inspectors of this State? Governor
FOREMAN seems to think, there is but
one law in the commonwealth regulating
| the elective franchise, that of the 18th
of February, 1865. Is not the constitu-
ton a laie also: Has he not sworn to
/ |o{ inc And lnpC Iva
mean to be understood as saying to the
conductors of election ssclose your eyes to
the constitutional is true, you are
sworn to support it-you are even sworn
to look to it as the only source Of inform
alton as to the qualification Of voters
but the legislature has set aside that in
strument for the present, and it is your
duty to consider this act of the legisla-
ture as Of higher authority than the con-
stitution, you have no judicial discretion
in determining what your duties are,
the legislature has pointed out your
duties fer you, and you must be govern
ed by their acW and not by your oaths
nor by the constitution
Is HOT tlllS SUBSTANTIALLY tIt COuIlScl
and advice addressed to enlightened intel
ligent conscientious officers of this COM
monweaith? How will they receive
it? \ few weeks viii determine.
Governor Foreman mas precisely as
much right to change the constitution OF
this State by a circular as the Legislature
has by an act Of assembly. And if the
act Of the 18th of February, had never
f passed and this test was sought to be in-
posed alone by q circular from the Coy
, ernor 10 the supervisors, it would be a
much entitled to their respect and ODE
dience as the late letter of that dignitary
recommending to their observance al
unconstitutional act OF the Legislature
The constitution is the io1e and unit
5 changed, all stand firmly and securely
| upon the rights secured by it.
! Who are Ofcy's'