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

| CARA Tor the uuty OF good citizen.
Let cases be made and the courts ap,
| pea'ed 10; bat until the Judiciary has
adJudged law null and void, those
who publicly advise disobedience to it
must be set down as avowed enemies
of the rule without which public order
/ IS impossible,
| In this impeIious manner, the Radi-
cal organ dlsposes of an analytical ar
gument on fundamental question Of
constitutional law.
In that argument it is stated that, in
the first instance, every private individ-
ual aud public officer is necessarily the
judge o. the rights and duties which
the constitutional, statute and common
luw confer and impose on him; subject
however, to the judgment OF the proper
court on the legality of his right or
conduct-priyatr or official. Is this
denied?
The proposition ia admitted, that the
constitution is the paramount law, and
that no legislation repugnant to its pro
visions is worthy OF obedience 10y the
people Yet it is urged, that it is the
duty Of good citizens to dsobey the
constitution, and obey whatever void
legislation may be enacted repugnant to
rs provisions, until court, appointed
by the party that has the legislature
whose acts VIC ate the constitution, shall
set the legislation aside.
Is it the law Of this land, that the
Leg stature, in utter disregard Of the
bill of rights, may command a minis
trrial officer, without a trial TO slay
citizen who has done what Is author
zrd 10y the paramount law OF the Con
-ttutIon, tut prohibited 10y a void en-
ac,ment, and make it the duty OF the
officer to 10 the deed, merely assuring
the victim that some day the Court will
decide that he was murdered? Is 1t
humanity to hang a man, and try him
afterwards?
How can a court declare the effect OF
the Constitution or the nullity OF a re-
purnant statute, otherwise than in It's
Judgment upon the pre-eXisting rights or
previous ACES of individual citizens or
public officers?
The Republican organ contounds the
presumption OF innocence OF crime with
the supposed presumption OF authority
( from u principal u an agent-trom a
people to Legislature. There is no
such presumption as the latter. On the
contrary. the rule of law Is that the
authority Of the principal to the agents
to 10 the very act IN question must APP
near. or the act OF the latter In behalf
If the former is invalid. The Constitu-
lion contains the only delegation OF
power 10y the people TO the Legislature.
, When that instrument does not author
ne the enactment OF the statute, the
latter is as nothing. Both are before all
the people, officer, and tribunals at the
same time for consideration and adJu-
o;cation. The Constitution Is para
noun. and when the statutes unauth
lied it must he discarded alike by all.
There is no place tor presumption on
the subject,
How does obedience to the COnstltu-
ton and disregard OF prohibited act
that is not law, destroy the force OF any
authorized statute that is law, and pro-
mote anarchy2 What can be more
chaotic than the republican confusion OF
the paramount law OF the constitution,
with the void enactments OF an arbitrary
body, that transcends the Limits OF It's
circumscrbed powers!
From the Inauguration ofthe govern
nont oftbe country till the advent OF
I the present Republican partyIunder
the rule Of Federalists, Republicans
Democrats and Whig5-the Democratic
principle in question was recognized
and good order prevailed.
prc,elent for the late legislation
Of this State on this subject, may per
/ hans he found in some OF the Repu0h'
can State. that within the last few years
determined TO set the constitution al
p,robt: but, as far as is known TO the
writer, the enactment Of the Leglsla-
tnre of this State was the first OF Its
character that ever disgraced the stat
ute hook of either Of the States IN the
Tbe Radical party OF this State, in
manifest violation OF the plainest pro
yis;ons Of the ConstitutiOn-detinlnS the
right of suHrage-maie TO furnish the
only rule on the subject, passed the
registration act of 1866 as deiusive
continuance, to enable the minority OF
the voters that should concur with the
Legislature, to get control of the gov,
eminent and pr ctically exclude the
majority from participation in It's al
mi9istration. In order to effect this
purpose, the Legislature enacted. IN SUB,
stance that the officers OF election and
registration should disregard the Con- on;
stifu,ion and obey its own unlawful
directions-that they should be pro
tected when they should do So but De
punished if they should not mus
according to the pretense, the DECISION
of the Courts as 10 the validity OF I t
registration acts would be averted' loE
| - oroo- .bonld bs sued or pros