The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-12-20

erty and suhvert the liberties Of the
people, and the duty of the people to
submit to its own usurpation, and law
fully enforce such obedience and sub,
mission, even though, after the irrepar,
able wrong has been accomplished, a
court may pronounce the action of the
Legislature invalid and the proceeding
unlawful, what will this avail? Will
it restore life or limb or property de-
stroyed? Will it atone for incarcera-
ton and other sufferings inflicted and
endured?
As the Legislature is the most potent,
so it is the most dangerous Of the de-
partments of the Government. II the
Legislature might be trusted without re.
straint with the lives, property and other
Liberties Of the people, most Of the pro-
visions OF the Constitution would be I'M
necessary. For that body, exercising
the delegated power of the people and
representing their will, might inaugu-
rate and regulate all the other depart
ments, and provide for the administra-
ton of public affairs and the distribu-
ton of Justice to the individual members
of the community. 1t is mainly to
limit the power Of the Legislature and
protect the people against its usurpatlon,
that Constitution is ordained.
The people, by the Constitution,
make the Legislature and the courts in
dependent of each other, and co-equal
in the separate exercise and perform.
ance OF the powers and duties delegated
to these departments respectively. They
withhold from each alike the power to
displace the other, or invade its circum-
scribed limits. If the Legislature may
exercise any of the powers withheld by
the people in the Constitution, may it
not exercise others likewise SO with
held? If the people are bound to ac-
ouiesce in one instance, are they not
bound to do 40 in others? II this be
SO, the Legislature may displace the
courts elected by the people, and sub
stitute other tribunals or officers OF its
own selection to effect its own purpose
such as will not invalidate their OWE
creation or any other unauthorized act
of the Legislature that puts them in
place. The people will be bound to ac-
quiesce If they adhere to their own
made by themselves, and
resist the usurpation Of the Legislature
of their own creation, they will COM
NIT a crime or wrong against the COM
Thus, the theory Of the Radical party
comedies to the Legislature ordained by
the people to represent their own will,
the irresistible power to govern the peo-
pie contrary to their own preference,
and imposes on the latter the obligation,
however unwillingly, to obey the unau-
rule of the limited agency Gre
ated by themselves-as long as it may
please to command their obedience.
But by the advocates Of this theory, it
is objected to the true principle that has
been stated, that it would make men
Judges of the validity OF their own
rights and the propriety Of their own
conduct.
Is not every man bound to know the
law and presumed TO do so? If he
must know the whole body of the com
mon law and the statute law-uncer-
tain, complicated and conflicting as
their various provisions are-may he
not know the constitution ? Are the
former more simple than the latter?
When is a man not primarily the
Judge as to his own property and con-
duct? When can he avoid such grave
and perilous responsibility? Is not
every man, in every transaction Of life
the highest as well as the lowest, the
most complicated as well as the most
simple-necessarily, in the first in.
stance, his own judge Of his own rights
and actions? Does he not acquire and
dispose of his property, and in every res
pect regulate his conduct according to
his own judgment2 Is he not lound
to adapt his rights and conform his con-
duct to the requirements of the law?
And is he the less bound to do so when
the Constitution is the law than when
a statute or the common law furnishes
the rule of right and duty.
Each individual, however, must do all
this for himself at his peril If he
Judges and acts Alright he is safe. II
not he must suffer His rights and his
conduct are subject to the jurisdiction
of the courts. When they are present
ed in proper form, the court ascertains
and declares the law that is applicable
to the subject-whether it be the Con-
,ti,ution, or statute, or the common
law. IL the Constitution applies, no in
consistent statute will be regarded.
Having considered both the law and
he facts, the court pronounces Judg-
ment.
In this, but in no other way, do the
courts declare the purport or effect Of
The Constitution or any other law, or
The validity or invalidity OF statute
hat may not be consistent with the
Constitution. Generally, when the SUI
preme Court. from which there is- no
lppeal, has construed and declared the
aw-or the inefficacy of void enact
exposition should be oh.
served by the people, and will be re-
yarded by all the Courts as a precedent
for subsequent decisions.
The requirement of the government
that individuals shall know and obey
the law-however obscure or compll-
Gated its provisions may be-is severe,
and may operate harshly: Bntit is in
1t certainly, however,
affords the strongest incentive to every
man, earnestly to inquire and ascertain
the true construction OF the Constitution
or any otherlaw, and carefully conform
his conduct to its requirements. 81
The principle in question is so clear,
and the false theory so self contradic-
tory, that argument seems only to OBJ
scure the simplicity Of the one, while 1t
is baffled by the absurdity Of the other.
But Tor the importance Of the truth,
aud disastrous tendency of the error, so
L..