The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-12-31

tional question. The case was argued.
That august tribunal was prepared to
decide it and declare whether the acts
Of Congress accorded with the constitu-
ton or not But Radical leaders, an
ticipating the decision, by disgraceful
parliamentary trick, procured the enact
ment, by Congress-, Of provision TO
prevent the Supreme Court from deeid-
ing the question. .
And now, with these and other like
facts before US, an organ of that party
asserts that il is the duty of good citi-
zens to obey all the unauthorized
acts Of legislative bodies till the judi
ciary shall adjudge them void, and de-
nounces those who oppose the scheme
devised to accredit arbitrary action as
enemies to good order. The pretense
is made by those who have carefully
evaded the decisions Of the courts on
such subjects, till they had the opportu.
nifty to mould the judiciary to their own
wll-till the wrong should be so effect
ed that it was beyond the power
of the majority of the people to
right it peaceably, save by the
dlslntegration Of the minority-which,
in this State, has fortunately taken
place. The theory has not, at least in
modern times, been urged for any other
purpose than the promotion or protec-
ton of usurpation. 1t is not needful
for any other object, or applicable to
any other case.
Who are the enemies OF public order
those who advise obedience to the
Constitution that is the paramount law,
or those who advocate the observance
Of prohibited legislation till its pro.
motors have time to fasten it on the
people beyond the reach of regular re-
dress ?
Radicals and their organ seem to
attach much importance to forms
Tyrants seldom neglect these solemn
mockeries of people whose liberties
they destroy.
When the Legislature Of this State,
enacted that citizens authorized by the
Constitution to vote, should not do so
unless they should first commit perjury,
it observed the forms and regulations OF
legislation, while it palpabIy violated
the plain substantial provisions of the
Constitution-made in time of war, for
peace and war-that declared who
should vote, and who should not.
When Republicanism, in aud out OF
Congress, impeached and sought to con-
vict The President, remove him from his
high position, condemn him to inca
pacitv to hold office for the future, and
make his name reprOach among men
forever, because he remembered his
oath, obeyed the Constitution and disre-
garded the arbitrary action OF Congress,
at least as he understood the subject,
was the proceeding the less corrupt and
cruel because regulations were OBJ
served
When the Republican Congress en-
forced the reconstruction OF the South
ern States, in utter disregard of their
Constitutional rights and Liberties, as
an alternative between continued mill
tary force and arbitrary civil govern
ment, the ceremony voting and forms
Of Constitutions aud statutes were EN-
ployed, while soldiers with bayonets
fixed stood by to see the formalities re
hearsed by men who under the Consti-
tuition were free Did the despots that
invaded these devoted States, tread the
more lightly on the necks Of the PEG
pie, because they proceeded according
to the approved forms and regulations
adopted on such occasions?
1t is true that Democratic leaders Of
this State and elsewhere have advised
the disregard of void statutes because
they were in fact not merel Y affirmed
to be repuLnant to the Constitution.
Determined adherence to the Constitu-
ton made by the people, is its essential
principle. Arbitrary acquisition or eX-
ercise OF power is its abominaton. For
the former it has ever contcndcd; against
.he latter il has continuously warred
The one it will cheri>h-the other op-
pOse-whlie patriotism Is virtue ana
popular government is regarded a bless
ing to mankind.
1t is not denied that Radical Courts
OF this State have decided unconsttu-
tional acts to he valid. 1t is not the
purpose here to suL@est how such de-
cisions should be regarded. But an
outraged people-the tribunal OF final
resort-has pronounced against the
legislative usurpations, executive co,
operation and judicial approval, in a
voice not misunderstood.
An OBSERVER.
CIACKSBURG. Dec. %, 1870.