Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-09-04

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sought to right it by the enactment of the
Amendment, r They had reversed the whole
order of Legislative proceeding, and instead
i OF enacting laws in pursuance of the Gonsti-
/ tuition, they had altered the Constitution to
suit the law. Passing the question of the
iilegality of the act, the Colonel adverteds ito
the useless expense it entailed upon the peo-
pie. Here, he said, was an infant State, in
the first stages of its career. TWAS important
| that economy and prudence should Character
ize our legislation, so that the people might
not be burdened, nor the progress of the State
obstructed by heavy and useless taxation. 1t
would have been far better had the money
required to enforce the Registration law, been
applied to works of internal improvement or
the development of our mineral and agricul-
tural resources. In every valley and beneath
every hill there slumbered mines of wealth
whose development would speedily enable
| West Virginia to take a prominent position
among the States of the Union. tInstead of
directing our legislation to upbuilding our
state and enriching our people, we had been
degrading West Virginia by partisan laws,
and lmpoverishing our citizens to uphold and
enforce them. The subject of education was
another matter which had been shamefully
neglected in the reckless legislation of the
Radicals. Large sums were annually raised
| by taxation, ostensibly for purposes ofsin-,
structlon, but in his section no man had ever
derived any benefit therefrom, nor could any
| tell to what objects the educational fund had
been applied. Itwasof far greaterimportanc
to our people that our school Jaws should be
made operative, and ouSschool fund be uses
fully applied, than that this or that class of
| people should beydisfranchised and decitizen-
lzed. While discussing the official miseon-
duct of the Legislature, Col. Smith would
not forget his distinguished friend Governor.
foreman. For his part he did not propose to
make atpersonal assault upon the Governor,
although many truthful people did say some
hard things about him. He preferred to
consider him in his official capacity, and'with
this view he introduced the Governors ac-
ton in relation to the appointment of officers
In the Ninth judicial District. The Colonel
showed that at an election held in that Dis
trIct, Mr.. Price had been chosen Judge, and
that the Governor had declined to issue his
commission, but had appointed in his stead
one Nat. Harrison, an individual far more
notorious than distinguished. In thus dis
regarding the popular voice the Governor had
done that for which nothing could be plead
IN extenuatlon. His duty was imperative :.
the Constitution was explicit, allowing him
no discretion. 1t was no excuse to say that
MIR. Price could not take the oath no opp6r-
tunity to do so had been given him, andcyea-
had he refused, no refusal of his could ius.5
THY Governor Boreman's dppointD.ent of an
I othcer who blythe Constitution was made cleo.
tire. While the conduct of the Governor was
entirely without justification, the subsequents
action of the Legislature was still more mon
strous and iniquitous. They had not only
continued in Office Governor Boreman's s ap-1
polntee, but by special act, had made him
satrap OF the Ninth District, with full power
to appoint all officers necessary to carry ON
civil government therein. Inasmuch as the.
Constitution made all such officers elective.
Their appointment was a fraud. their govern I
ment was a. .nullity. Nat Harrison's court
was an illegal tribunal and himself no Judge. .
VI TINS obnoxious character, Colonel Smith
declared were the general acts of the Rad;
lcal party-a party whose members desired
monopoly of loyalty and patriotism, but
whose conduct made them rebels of 1.-The most
desperate kind. Loyalty meant obedience, 4
as rebellion meant opposition to the Constitu-,
ton and the laws. The men who assailed
these, no. matter by what name they STYLED
themselves, were rebels, And the mon who
obeyed the laws were the true patriots and
ioyaists of the country. Passing to National
topics, Colonel Smith endorsed the restora-
ton policy of President johnson, and de-
nonnced the action of Congress in excluding
the Southern States from the Union, after,
the successful conclusion of a war, waged to.
prevent them from seeding. Ifthose States
were actually out of the Union, why had we
tought;them? IF they were in the Union.
why were they denied representation? Nor
are they, as the Radicals claim, reduced to
the status OF conquered provinces One gov
ernment may subjugate another, but no ma
tlon can subjugate ITSELF Much less did thew
by secession place themselves In the condi.
tlon;of territories. Such an admission Is not
only fallacious in itself. but the men Who
make it admit a doctrine which, if correct.
would destroy the existence of West yir-
glnla as State. West Virginia came into
the Union, not as aterritotg but as part Of a
STATE, 10 her formation, the consent Of the
recognized State goyernmen as necessary
and had been given. IF y yirginia. by,rebel,
lion, became territory, she could not act as
State; her consent to a division was ILLEGAL.
and West irginia, whichTesu1ted therefrom.
Is a nulllty and a fraud. The Conclusion Is
Irresistible If Virginia occupy a territorial
scondition; and the men wl1o o so insist instead
of being friends, are the worst, enemies the
new State could positively have After an
ample development and presentation Of this
idea, Col. Smith concluded his remarks: i5y a
classification of present parties as nnionists
ana ,dlsunIotilsts. The disunionists were
those who insisted with Congress- and the
| Radicals that the Southern States ne SIN.
out of the Union while the true IJn mon men
were these who. claim with tile President that
no state could secede and that the war has
preserved the 5nion, with al the rights: d e
nifty and equality of flie several states utiiI-s
paired. Col Smith was ireddentEy intefrtiI,
ted by loud demonstrations of appIafise and
when he closed, the cheers Of the convention:
attegted how well they app Ieciated his pow
erful effort .
L
The committee on nominal lions then reresS