The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-11-22
nrvocuATIc Journals are just now


orvocnArIc Journals are just nov
,,,;,l,ng hairs 10 prove that the distran'
,hisiug clause of the cpgstitution dom
need 10 be EepealsgIl, that 1t Is a nullitY
.nJ n, WAS ~ void from tho beginning. : TN
,1sory a,S whereby they reach This concia'
.ion i no. new. Itlis, in brief lhat a tea
,,,l, was enforced against participants In
,hc rebellion at the election ut ~hclP PtAAt
DISTINGUISHING clause was ratified, thattlie
,,,L had 10 authority in the Constitution
.Ddthat, therefore. lheclause meyer was le:
,ally ratified Tho question tAsse gentle, y 9,
mrnNrc Is 50 'ihdGstrioGsIy discussing is ono
,b,, under the cIrcumstAnces, We feel a
,DccialjnIefest ip. The Republicans haze
no responsibility in IL fonnsGiiGn n1En@si Yit4h lIs
solution, md we suppose our Democratic
rulers will adopt 4he.eger course nilits
,hcm whether II suits us or not. We
submit, however, q suggestion oF'two in
regard to the fine spunttheGtB Fdaffeailo.
Despite the teachipgs, Of Dspl locr4tic le9SI,
rrs in this State, tie tnActE ehtsRl u (egi
stature are not ,inJonstftutISnaIa and void,
nor even TO he presumed 50, merely DC
,.lsc some stump orator or newspaper as
,crts ii. oThsl Rclsiqf t4so ,lsY'maEtiFnFgy
DodHI GhaStd' Under III thttOt1HSo 4a%'
under an intelligent and sworn RESPONSE
Dility to respect the Constitution, are
not bo set aside on the mere tpsc dtfIt
Of every fellow who assumes to hold
or who may believe them in violation Of
the constitution. If It were otherwise, =
there could betno respeutrfOr or obedience
to law at all!5' Every man would be lts
avn Judge and ihske his own law. The
test oath iawOfi1SO5 llas never been adj
Judged Unconstitutional s,by the proper
tribunal for rthej Judgment ofsuch questions
and until Il slaIl bss 80 set,ssiaGit must Da
deemed the law AMI being the l:' la%s Il! no - g.
SUMPTION to tie contrary can atfectthe re-
sui, Of the oloGit5a III, n y, 1850. 1tR
proposed IN 1s 1ettcal tk'a !lisFs5 9 5%s5
rard Of this disfranclIting9 provision. d
,hc Constitution next winter without re-
peaIingit. Whit not lbe'necessary first
10 lave dtcciisionoF the courts Of tie
State adverse to the test oath law oEIlSG
anil to that provision Until such IL de-
tision how gnd R bSP6reph fPqhbers Of
the Legislature act in Disregard of that
provision and clear their oAths !: =,
"ftheeR@pbaa decided, FRes tsst
cath IL 1865 Wis Unconshthtlohaf and
void, it would not follow, rs we conceive,
that the amendment was not ratified in
May, 1855. lenst that 7pmsPdment
ought not fp.heEiolntsa mill Z proven
rhat il was. not IA elabltsh their as
sumption, it3WfliSbe Necessary for these
DcmocfatIc genEle toEptoSesth that 50
mauysyotes were eeeted ior refusal TO
nke tie test cath a w6dld scsstS SiIAye
made majority ngainst.J aRcldmsht.
We have never heard any such claim
as this set up. Ii suchpwas the fact,
anil il cap still be shown, il would be .
proper case for the adjudication loEIthe
courts, and the amendment would lall
when tLe > c4ptts decide ShIsr that Il fiji.
el orratifcdtiSh otthatt The %RBI6 election
tell 70 the gropa9n s4p theF FbsSepSsgs ei slesA1
II Judgment, npnpgiyet9 slfE@, whether
editor OF q newspaper or not, can render
such u decision and overthrow provision
Of tho CSnstitutibuI 1tninst b6 respected
and oDeyea until Fep.ealltsSaf 81 rqdi"dg'd
void by the courts W'1.
Now, will these gontlewen ~ Y work
aud get the question into the Courts and
await their dOcisiPP, or yill they assume
decfdl1g thS coastltdti6haf question for
themselves. that the Amendment of 1896
Is void and docs npt need tprbe repealed ?
The Rebu6licahs propdBtd tb repeal 1t by
another Ame6ahieRg and tHe tcpcal by
this mode can be conspmmated very soon
after tho Legislature mcels. The people
of thestate, wilI6dl regartlS to'taFtySS%iIl
attend withssms interestto see whether
the managers VIII begin by adopting and nd
submitting thIsAni6hdnsnt and iaIttepeal
the statutes afterwards Of whether they
will begin at the wrong end and pur'
sue the devious ways pointed out
by the RtgEasr. and CORfd4'. 10 oFhesStwo
papers have common inspiration and
appear to have o common aim but why
they insist on this particular line Of poll
cy in rcgafdl6'tHb question; u6ltss but Of
merGtpi tEAi6a ,sNC GAINED dlSihe.
It's a fact thatiaElargc auth respectable
portion Of the party prefer the more dt-
rect, the les; tequlSS6cai and.lcss Gndbafass,
ed method of the Flick amendmept'1gRe
suppose, however, RlaLeyeG theif pas'
poses may We, that the Regiafr: 6,grie' 9 'i
men willhave thingstheir soill
~ ID
a., V.,roT,-Z,,,. ,T.I,,, 80, ~ ,'3f Il,