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


ne would waive the Constitutional cues,
ton, and make defense under the enact
ment. In this way the legislative
usurpation would be accomplished in
spite of the Courts, even if they had
the opportunity and disposition to inter
pose Moreover, it was provided that the
vote on the proposed amendment Of the
constitutions and the general elections,
after lts pretended adoption, under it's
exclusive provision, should take place
before the Supreme Court of the State,
according to its rules, would adjudicate
any case arising after the passage of
the unlawful acts. So, pursuant to the
unauthorized legislation, the usurpation
was accomplished.
In vain citizens authorized BY the
Constitution to vote, but denied by the
void enactment the exercise Of that
fundamental franchise, sought to have
the question decided bv the Supreme
Court OF the State, organized under that
Constitution. The Legislation and
proceedings were such as to inaugurate
the new regime before case could be
gotbefore the old Court. In fact, no
decision was obtained till long after the
pretended amendment to the Constitu-
ton was proclaimed, and in accord
anCe with the vote of the minority
of the constitutional voters, new
Judges were elected and appointed
to adjudge and declare their will. A
court composed of these judges could
not declare the proceeding and pretend
ed amendment invalid. To do this,
would be to repudate the election of its
own judges, and pronounce the invalid
ity of its own judgments on that and
every other subject.
whether the judges previously or
subsequently elected or appointed, were
or are the more or less wise, has moth
ing to do with the principle discussed)
The whole superstructure of usurpa-
ton, in this State, rests first on the leg
slation repugnant to the constitution,
but Immediately on the Gisobedience Of
registration and election officers, to the
constitution, and their obedience to the
void legislation on the subject.
BY the jugglery adverted to, the power
of the State was purloined from the
majority of the sovereign citizens and
vested in the minority. The majority
was deprived of its political strength,
and became utterly impotent by any
constitutional proceeding, to regain its
proper ascendency, as long as it should
he the pleasure Of the minority to ex-
ercise the power Of the State.
But, becoming conscious of the injus
tice that had been DONE and disgusred
at the excuses Of those by whom it
had been accomplished, many who be
fore had inconsIderately co-operated
with the usurping party, at the late
election voluntarily abandoned it, and
aided to restore the majority OF the
people ofthe State TO legitimate power
BY the Radical theory, the leg fla
ture may, at any time, provide for the
exclusion of any class or number of the
constitutional voters, so as to leave the
power with a minority as small az may
suit its purpose; and it will he the duty
OF registration and election officers, sub
ject to such penalties for disobedience
as the legislature may intlict, to disre-
gard the Constitution, and exclude the
prescribed voters from the polls; and
the minority will overthrow the Consti-
tuition if it likes, as well as the lawful
executive and judiciary, and elect new
ones representing the will OF the few.
A court so constructed, could not de-
clare he legislation under which it was
created to be void, without denying It's
character as a court. dlsclalmlng JurlS-
diction to try any case or declare the
law for any purpose, and dlSclalmlng
the authority of any exposition 1t might
make Of the Constitution or any other
law.
The result would be that the minority
would rule the State, as long as 1t
should be it's pleasure to do So and the
majority would have no means OF re-
dress save in the armed enforcement OF
revolution.
Different Presidents Of the United
States at different periods in the history
of the country, asserted 1t to be their
duty 10 disregard unconstitutional acts
Of Congress, even when they had been
decided by the Supreme Court OF the
United States to be constitutional; and
accordingly shaped their official action.
One of these, who so acted, was subsc-
aueutly reelected by an almost unanI-
NOUS vote. The other, no candidate
for re election afterwards, lived and died
the admiration of an approving people
Yet, lately, when Republican Congress
sought to remove a President and place
a creature OF its own in the executive
chair, and thus usurp the power OF a
coordinate department of the Govern
ment, the same Radical pretense assert
ed in this State was tried to effect the
usurpation. Congress passed an act 10
deprive the executive ofOne otthe powers
exercised by that department-whlch
the President regarded as violation
of the Constitution. He wished the
subject brought before the Supreme
Court for its decision. But that did
not suit the purpose Of the Congresson-
al party. The President, having sworn
to preserve, protect and defend the
Constitution, had no alternative but
TO interpret its provisions tor himself,
and, as he understood them, act. lie
did so. But the House OF Representa-
tises impeached him. The Senate
tried him. When it was manifest That
he could not be convicted on any other
ground, it was urged that, concedmg
the act of Congress to be repugnant to
the Constitution, still the President was
properly impeachable 10y The House OF
REPRESENTATIVES, and should be CON
yicted by the Senate, for obeytnS the
Constitution and disregarding their own
unlawful acts A most determined
effort was made 10 condemn him on
this ground. And Republicans say
that it was only by the bribery Of most