The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-08-27

the man whose early thoughts were di-
rected to q consideration of the sacred
nature of his country's constitution will
aver invest it with holiness, and cherish
and defend it as precious legacy. From
its sacredness, its dignity and its neces-
sity to our national existence the Consti
tution becomes to Us what ruling poten-
tates are to the people Of other lands.
Having neither King or Emperor, the
Constitution becomes the monarch, and
a violation of the Constitution is treason
to the King. In this view TIE
party to which / have referred, Is
by its gross transgression of constltu-
tional principles, guilty of treason to the
nation and the government, no less cul-
pable than that armed and warning
treason which assailed the life of the Re-
public upon the field of battle.
In support of his position Col. Smith
then proceeded with an examination OF
the acts of our State government, IN Its
Legislative and Executive Departments,
and derived therefrom ample evidence
to establish the Justice of his charge tina
Radicalism is treason. "The act 10 pre-
vent the obstruction Of public justice"
| was the first to receive his attention
He alluded with telliBg effect to that
section of the law which requires all
Legislative acts to be deemed Constltu-
tional until otherwise decided by the
State Courts, and showed the folly OF
| which the Legislature was guilty IN at
tempting to set aside the legal primer
| pie, that unconstitutional laws are .Yold
| alb iritio and command no mans respect
l. nf
which provides for indemnifying such
officers as may incur legal penalties by
| executing laws which transgress the
Constitution, and Gecla,c, M While
| rendering defense OF the Constitution
obnoxious and penal, the Legislature
| had offered premium for Migrant Nlo.
| lations of that instrument. Col Smiths
remarks upon the provision OF tho same
| law which imposes restrictions upon Tree
speech and denounces penalties upon the
discussion of Legislative corruption were
forcible and telling. He asserted that
the action of the Convention, the con-
versation of the delegates, and his own
exposition of public lniquities were con
trary to the spirit of 'the act to prevent
the obstruction ofpubic justice" and so
was the conduct of every man who dared
to expose and denounce the monstrous
wrongs Of which our State officials were
guilty. For his part, he set their gag
law" at Defiance he regarded it as usur-
patton and tyranny, and would never
permit it to deter the expression of
his opposition to official misconduct
and public wrong. Passing from
this subieut Colonel Smith reviewed
with great power the character and pur-
poses of the Actor the Registration otyO
ters. He established that while the Consli-
tuition alone could and did prescribed the
qualifications of voters, the Legislature
had sought through the Registration law,
to impose tests and qualifications not
contemplated by the instrumet which
had determined the standard of sutt-
rage. No such oath as that embodied
! in the law in question was prescribed
in tho Constitution, and in making
all additional and unconstitutional test,
the Legislature had transgressed their
authority and had been guilty of ilagrdnt
| Injustice. Their own action in enacting
the Constitutional Amendment which
embodied the test oath showed that
they were conscious Of their guilt. II
the Registration Law were Constitu-
tional why pass the Amendment If
! the law were unconstitutional why en-
force it? They knew they had com
mitted wrong by the passage of the
law, and they had sought to right it by
the enactment of the Amendment. They
! had reversed the whole order Of Leg
b, islative proceeding, and instead Of en-
acting laws in pursuance of the Con.
stitutiop, they had altered the COnsti.
| tuition to suit the law. Passing the
question of the illegality of the act, the
Colonel a6verted to the useless expense
it entaIled upon the people. Here, he
said, was an infant State, In the first
stages of its career. 1t was important
that economy and prudence should char
acterize our legislation, so that the
people might not be burdened, uor the
progress Of the State Distracted by
heavy aud useless taxation. 1t
money required to enforce the Registra-
ton law, been applied to works Of IN
| ternal improvement or the development
of our mineral agricultural resources
In every valley and beneath every hill
tuerc slumbered mines of wealth whose
development would speedily enable West
| Virginia to take prominent position
among the States Of tie Union. Instead
of directing cur legislation to upbuildiug
our State and enriching our people, VIC
had been degrading West Virginia by
pa tisan laws, and impoyerishing our
citizens TO uphold and enforce them.
The subject of education was another
matter which had been shamefuiiy neg
lected in the reckless legislation of the
Radicals. Large sums were annually
raised by taxation, ostensibly for pur.
poses of instruction, but in his section
no man had ever derived any benefit
therefrom, nor could any tell to what
objects the educational fund lad been
! applied 1t was of tar greater import
ance to our people that our school laws
should be made operative, and our school
furd be uselully applied, than that this
or that class of people should be dislran.
chised and decitiZenized. While discus
sing the official misconduct of the Legis-
lature, Col. Smith woHld not forget his
distinguished friend Governor BUreman.
For his part he did not propose TO make
| personal assault upon the Governor, al
though many truthful people did say
some hard things about him He pre-
ferred to consider him in his official ca
pacity, and with this view be introduced
the Governors action in relation to the
ammo; NJ Of officere ~ the Ninth In