The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-02-26
The Gag Law.

| UuGlt pun PooC'
nIf any free person, by speaking, OF
writing, shall assert or maintain that
persons have not the right TO hold slaves
in this Territory, or shall introduce into
this Territory, print, publish, write, cir
rnlate. or cause to be introduced into
This Territory, or written, printed, pup-
lished or circulated in this Territory, any
book, paper, magazine, pamphlet or cir
cnlar containing any denial of the right
of persons to hold slaves in this Terrific
rv such person shall be deemed guilty OF
felony, and punished by Imprisonment at
hard labor fer term OF not less than TWO
years"
Extremes often meet and we ought
not to be surprised, therefore, at finding
the pIo slavery legislature of Kansas,
and the Republicans of our own leglsla-
ture standing upon the same platform
70 sustain slavery, it was necessary to
overthrow the freedom of speech, of the
nress and of elections in Kansas, and to
Keep our radicals in power it is necessa'
l ry to do the same thing in West Vir-
ginia.
The Act of our Legislature, which they
have been pleased to call An act to pre-
vent and punish the forcible and unlaw
fui obstruction Of public justice" and by
iii. .to,, losio,ol n nrevant any dis.
WIN" '"'S
cuSsion respecting the constitutionality
of their enactments, is poor imitation,
ho.yovor of q very had example. Adj
N,,.;. 49, ;,ta,tion 60 l.. richt and
hiC'i'S tuo 'n'o"''''i W W
that the Legislature, having Killed OH
tbr constitution. 0ught TO bury it out of
IS - No mora
'iG''' '' '''' '''
1t seems TO me tha6 INC "cI III que''ion
is not properly drawn to accomplish the
object. or at least that it might be great
.........I .,,, ,,,,.dor.d mara aff;.c,;va
''npi"' oN anu
by following the Kansas mouei more
closely.
l,,, ir.torco i bsri,s by declarino
VI '"''''''1''
that the courts are alone aoIhofi|co ~
interpret and determine the cOnstitu-
.;o,,ol;t,. of ou,- ouv oct of the IeUisIu
ture OIL THIS state vi course' every oilc'
except the Judges, is forbidden to do this
+Li.g Rat On, not .ure mat | under.
.t,rd what is meant Inv the constitution.
,.a ,,oa,.,
"'"y OF u" "e'' 'e'"''e'U ~ "''0 "0'''
something bout interpreting Ghe constl-
turiOn, and have also heard OF interpre.
ting acts OF the legislature but TO inter
pct the constitutlonallty OF an act Is an
e. preston which, TO say the least OF 1t,
needs explanation. But perhaps, the
legislature meant 10 declare that the
courts are alone authorlzeu 10 interpret
any dct OF the legislature very we'll
I'll, rs Tie courts aiohe nave inns auChor
terpretlng any ACT Inc onlcer VINO is
to execute a law must not interpret 1t;
Bat to interpret law IS merely TO hnd
out what 1t means, and the oflcer IS,
Therefore, to execute the law without
moving what 1t means. inns may he
ditncul! 70 40, anu IL seems 70 me IiaG
our ieg isiaVuIo' eLioouyt nS Ihe "' :i
"lSaoh VI the slate, "ne ne Iloy lnPoSeu
Such o'ty upon tIe oncel, ougnI 10
maze eTpiaIneo H9S no 10 W SAouoe Id"
wiz, rt,l no "a aatin ~ tba oo+ rrn,,;doa
ne ue 1n ,'oA 500 ~ tho ioEfni oxoroise
| ~, J;sohorra Of his oficiaI dnty nndor
INV act nf the Ieq1slature or snv order
or nroclamation of the Governor of this
SITE shall he held nersonally resnonsi
bis Hsrsfo,. either civillv or cIiminalIv -
So Indond And Tho aver snnnosed
- So :, a. I,.,f,j o--o,.ofao ~,
S AL or of bis ot,c;a1 S"t, conid he nor
So"oiII, roonnneibIa ;,yo1;na II bos
bea~ law aver since laws we're frsf
go" 800 +ba+ IN snob ooso +bo 80 oan ; ~
un,'' , Hors tr"I rosnons;b,a r. 80
-. . Poi' nnoaS,or,l pthnrofaro g., vas
S'"loglS not &c Ior2o danfaraJ ~ ,oa Jul
,Sra," if+Sor bo-e nat JiscnSdrad -
b. +hara i 80 orotber obiact;on - tb lie
soction II nrov;des that No officer in
tba Siscb are of his official dutv nndar
apv act of the Ieoislature or order or
nrooIo,uot;on of +bs Covernor sbaiI La
narSopoIlv resnonsible Therefor that ia
10 : 80 e be norSonoIly resnonsibla for
~ A. +bo IL NJ +bo nrocIano+;nM
1 IisG az Wv 49, t hs aJ.'';+tad
uI' &c P'V ~ be sbou,J ha $500
a;,i, 80 ~, 49,. .n" $50. auS - r. :.
G:SaIf $40 n 0 ~ % tIs Iawf,, JiDcharr
81 hiS %C;, ~ 49, ho 80 nt 40 -
Hal d' n Oi uus ,a mo U FO. ~ 90