The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-12-25
Loyalsy's Opinion Of Law.

ciary, so long as the decisions accorded
with their views, but they have been
equally ready and ardent in denouncing
rs corrupt, treacherous and peTjured
such courts as have interpreted the laws
to the prejudice of the Radical interests.
The decision of Judge THOMAS w. HAIR
RIsoN in the case of ARMSTRONG against
tho Board of Registration of Hamp-
shire county may be cited as
an illustration. Because this decision
declared the "Test Oath" unconstitu-
tional, and in so doing assailed in n vi
tai point the policy of West Virginia
Radicals. Judge HARRISON was houn-
ded from one end of the State to the
other as traitor to his country and q
renegade from his party. Whether the
decision did or did not conform to and
rightly interpret the constitution of the
State, was never considered when its
merits were being discussed. The lead
ing objection and the basis of Judge
HARRIsoN's condemnation was the
effect of his decision upon the in
terests of the so-callcd "loyal men,"
of West Virginia. Our neighbor of the
Intelligencer was particularly bitter and
severe in his criticisms upon the Judges
course. He laid special stress upon the
fact that the party's prosperity was
wofully jeoparded by such construc-
ton of the law, and rather plainly in
timated that the judicial offender would
lose his official head very soon after the
assembling of the Legislature.
The recent action of the Supreme
Court of the United States, in prononn.
cling military commissions" organized
for the trial of civilians unconstitution,
al, has been made the theme of similar
animadyersion on the part Of the Radi-
cal press throughout the country. For.
SEY, of course, leads the attack, and
sincularly enough, illustrates the oc'
casional sympathy of able minds with
feeble ones, by adopting heprecise style
of invective with which the InteiG
qencr despatched Judge HARRISON. We
copy a portion of FoRNEY's remarks to-
gether with the .4ge's comments there
on:
.It can scarcely fail to shock the SEN
sibilities and provoke the severe rebuke
of loyal men everywhere. The exulta'
ton of the Inteliigencer over it will ava
ken iubilant echo throughout rebel
dom, and the hearts of traitors will be
made glad by the announcement that
treason, vanquished upon the battle
field, and hunted from every other re-
treat, has at last found secure shelter
in the bosom of the Supreme Court.
The military commission thus de
nounced as an usnrpation, has existed
as a legitimate instrumentality, in the
hands of q war-making power, from the
foundation of the government; 1t haf
again and again been recognized BY
! STATESMEN, JGfisfs aHd and patriots OF
the nation, and has been constantly en-
ployed by all our most illustrious
generals, as potent agency for
the suppression of the rebellion.
President Lincoln, himself an able
lawyer, and, as Chief Magistrate, most
careful of human life, confirmed and
executed the death sentences of this tri-
bunal in numberless cases. Yet we are
now told that all this array of learning
and patriotism, and experience and 10y
atty, which has given unhesitating sup
port to the military commission is to be
held for naught in the presence of a
single voice of the Supreme Court. The
bravest, truest, and wisest men of the
land, who have used this tribunal in
defense Of the national life, are thus
branded as felons, and we are now told
that the real criminals of the war were
not the traitors, spies, guerrillas, and
assassins tried, but the patriots who
tried them. This extraordinary decision
will doubtless receive the attention of
Congress ut an early day."
This attack upon the Supreme Court
for acting strictly within its line of
sworn duty shows what the anti consti-
tutional party are prepared to do in or
der to carry ont their plans. All the
Judges of the court agreed that in the
particular case before them the mill
tary commission" was q "usurpation.'
Chief Justice Chase said that Congress
gave no power to try the accused by n
military commission y but, on the
contrary, had made express provision
for the adjudication of such cases
before the "civil courts" In this state
of facts, q military commission in open
defiance alike of the Constitution aud
an express statute OF Congress, pro-
ceeded to try, condemn and order
for execution citizen OF Indiana.
That was an illegal act, an usur-
patton of power, and it could not be
made either legal or constitutional by
the. acts Of General Hoovey, General
Hooker, or the late President of the
United States, Mr.. Lincoln. The Su-
preme Court of the nation Is the hnal
arbiter, and in this case they have rested
their decision upon such facts and prin-
ciples as must command tho respect and
support of every man in the nation who
is not blinded by passion and willing to
overthrow all law and order, and leave
the dearest rights of American citizens
those affecting their lives and liberties,
at the mercy of any political faction
that may happen to be in the ascend
ancy at any particular period III the
history of the nation.
The last sentence of the article copied
from the Chronicle, which is promul-
gated in advance in order to give the
cue to the Radical press, contains a
threat that is full of meaning. "This
extraordinary decision will doubtless
receive the attention of Congress at an
early day." means that congressional
action will be evoked to prevent the
Supreme Court from championing the
Constitution and the rights of citizens
under that instrument. If the Presi-
dent defends the States or the people
against the usurpations of Congress, he
is threatened with impeachment, the
"block and the axe" and when the Su-
preme Court assumes position on the
same broad line of sworn duty, Con-
gress is called upon to review its deci-
sions at an early day. This is part OF
the Radical plot against the Union and
the rights of citizens under the Constr
tuition, and hence the eagerness and
ferocity with which it is defended by
the Ckrosicle, hence the indecent at
tack made upon the Supreme Court by
tho allepation that treason has "at last