The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-01-05

The truth IS, the IASEY part OF our
cotemporary's argument, if it proves
anything, proves too much. If one
Judge has made his position serve the
purposes of party, we should learn to
guard against the recurrence of such
iniquity. We should certainly not re-
peat the error by permitting Radical
ism to dictate the decisions of our
Courts. The Mtelligencer premises, that
under BUCHANAN, the Supreme Court
was partizan tribunal. Hence, it in
Tossing to conclude that this Court
should not be permitted to act in
the interests of party, our neighbor
proposes to avoid such contingency
i'll manner that is entirely original if
not very effective. He does not design
to make this tribunal more indepen-
dent than at present. He does not
propose any new device for developing
the judicial conscience. He does not
offer to purify the ermine by some
special legislative scrubbing. Not so.
To prevent the Supreme Court from
lending itself to party purposes, he
modestly insists that its interpretations
of the Constitution shall suit the wishes
of Radicalism, and that its decisions
shall in all things conform to the dicta
of his party. To heal the disease of
which he complains he would apply to
the judiciary potent remedy, similar
in kind, but far worse in degree, than
the ailment itself. He would cure an
imaginary affection with positive
affiiction. To relieve supposed erup-
ton, be would inoculate with the poi
sonous virus of a real, practical, unmis-
taxable Radical itch.
We cannot close this article without
calling attention to a pompous piece OF
rhetoric, with which, if it be true, our
contemporary proves the rebellion to
have been natural in it's origin and per-
fectly just and legal in its character:
Isa written Constitution greater than
the people who make iti No; there is
an unwritten law as old as history and
as broad as the earth, with which God
! has armed not man alone, but every an
innate creature that moves OpOn the earth
or in the sea; that in all governments and
| in all times has oyerridden, and must
override, any mere conventionalltles,
forms or compacts of human invention,
viz-the right of self-preservation.
1t was on this MISREPRESENTATION
principle that the South claimed the
right to Override" the Constitution
and secede. If the Mtclligeacer be cor
rect, the Government had no power tc
crush the rebellion, since the Constitu
ton from which the authority to coerct
was derived, could not be enforced
against a section seeking ''self-prcserva
ton" Further, if this sublime right
superior to all law and constitutions
principle, actually exists, it exists FOL
and can he exercised by one portion O
the people as well rs by another. 1t i:
a Democratic right as well as Radica
right. Let each party apply II
at will and what becomes of the Gov
ernmentf If every faction may set thu
laws at defiance upon such plea, those
laws will speedily become imperative
and void. Brute force will be the finaI
arbiter of the community. The weak
will become the prey of the strong who
in turn must yield to still greater force
until all the conditions of the savage
state prevail and civilization relapses in
to barbarism. To suppose that while
the Radical party usurp power undcI
the pretext of self-preservation, thu
Democratic party will not resist those
usurpations on the same principle, is tt
suppose an absurdity and an impossi
bility. The only guarantee of peace
and the unity of society will be fount
in the constant supremacy of the Fed
eral Constitution.
That instrument is the l:fe and sou
of our Government. Preserve it and
the Republic lives; destroy it and The
strength, vigor and beauty of our insti
tutions must disappear forever. Make
the Constitution subordinate to the will
of every accidental majority that oh
tains control of the Government, ant
the instrument loses its uniformity and
its permancncc. 1t becomes mere vase
of wax, retaining the impress of the last
rude hand that touched it, and liable t
undergo new mutations i'll the grasp O
every succeeding usurper. The doctrine
that any party is superior to the con
stitutional bond of our existence, is not
only shocking to all received notions o.
Republican Government. but it is sub
versiye of our institutions and utterly
fatal to the peace of society. 1t i:
monstrous, it is heretical, it is ruinous
The politician who would advocate it
is as base as he is reckless; the judge
who would act upon it is simply a per
iured scoundrel, and the party which
would enforce it is as corrupt in motive
as it is revolutionary in act.
Let us not be told that to proclaim
the constitution perpetually inviolablt
is to stain with crime the memory o.
the dead and the reputation of the liv
ing. Be it so. If the maintainance o.
our sacred constitution involve the per
petual disgrace of every saint in the cal
endar of Radical canonization, let the
instrument live. Great truths cannot
be hushed that great criminals may &C
unpunished. Great principles cannot
die, that brittle regulations may endure
Let the right prevail though veiled dis,
grace and hidden infamy be brought to
light. Justitia fat, 81 rnat c0lum.