The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-04-09


Ittwas Col. TuoM. BENTON, we, believe,
thStsfuEerred to the decision Of The, su.
preane Court Of the United 6htes'in the
DBEp. SCOTT case Is having se .stump
speech In, lis be1ly,r', we have been re-
minded q this by reading Col. BEH
SMETu's address Of welcome delivered TO
tor aDa the State officers the other day, on
behalf Of the reception committee, on
board. the Mountain Boy. The old gen
tlcman seems to have forgotten for Q time
what he was about he didn't seem quite
easy in his mind about the pormanencyof
tile capital at Charleston, and after IN
opening paragraph Of half dozen lines,
he proceeded to argue that question as
follows: = ratt, g
Tie framers Of the Constitution Of our
State, regarded 1t inexpedient Of that time
to make q permanent location Of the State
Capital, but provided by that instrument,
"tlIat the seat Of Government should re-
main at Wheeling, until q permanent seat
Of Government WINS established by Law"
The Legislature has executed the power
Confded TO it under the State Constitution,
by the enactment Of q law declaring THAT
the permanent seat Of Government shall
bolestabliShed at Charleston in the county
OF-Kanawha." The same law provided
that thu Governor should remove the
archives, and other property o. The state
TO that place by the LIST day Of April, 1870,
Mt which time tho law'takes effect;
Under tho Constitution and The law,
then, ut least from and after the dHte last
stated, our State has n Capital permanent
" aud constitutionally located. You ore
now engaged in the execution Of the duty
imposed On YOU by the law, Of transfer
ring the government from It's temporary
location at Wheeling, IN lis permanent
location at Charleston.
We think this suitable occasion to
congratulate you md the State at large,
that final settlement Of this veXed gues.
lion las been effected, and thereby removs
ed from the halls Of legislation, where IT.
hIs occupied 50 large u space IN the Iegls-
lative mind, since the creation 0i our
State. A subject which las delayed anu
hinlcrcd legislation, and greatly aided IN
the pnssagC Of improper and misCllieVotls
laws. Whilst do not have the tclnerity
10 aver that this sub Cct has In any particu-
lar lucn the cause Of corruption In our
Legislature, yet it is Of nature involving
material interests, cninchtly calculated to
cngender ftnud and corruption, dangerous
10 iIle nrobity and morals Of the law.mak-
ing power Of the State. We regard i Us
fortunate, that this cHuseOf bitter coqtep.
ton among the various sections o! the
State hNs been removed.
1t was very prudent on the part OF Col.
SMITH not to make any rash avermcnts in
regard to the use.or equiyocal influences
in the Legislature to efcCt'this settlement
which is so very "tinal;" but his anxiety
to sirslst thRtrit isifnal hctraysa secret
consciousness that hetears it Is not. The
Colonel las q very eonycnienttheory that
because the Constitution provides the seat
Of government should remain at Wheeling
until permanent seat Of governmental
established by law" therefore srerma-
ncnt" means forever immovallc.& On
tho contrary, it being len to the
LEGISLATURE To establish the permanent
seat Of government, That body llas the
full and sole power To judge when it is
permanent" and, therefore, permanent
eau only mean nj the pleasure of the
Legislature. II is impossible for the Lcgis'
laturc to do m Actwhich it cannot repeal.
No Legislature Gun tic its own hands The
powcr % do includes the power TO undo.
Nor can one Legislature bind its successor,
except by contract Under which vested
rigAtspccrue:s Bur there isno contHctHnd
noVcstel right in this case. II tue pcrma-
nent seat of Government were named in
the Constitution, il could be changed only
by IA tniGtdnidhE to that instrument; but
being LEFT subject to regulation by law, it
exists entirely subject tOabe pleasure Of
the iasS.making power, which though
composed Of successive legislatures, is Il
continuous power. - EasW ~
II the ClMrlcstonYf0lks were less conf
dent us 10 the matter oiipermaIlency, they
would hardly be in such haste to skin the
State officers who have gOnG there (pecpn'
iariIy not literally In the manner indi-
Gated by "a paragraph in the Register few
mornings sincc-proposing TO Charge the
Governor within two hundred dollars Of
his whole salary for house, and other
officers 81 600 y year for houses which be-
fore rented for $50 to 5000. The
Charleston people could not adopt a better
way 10 raise the question OF permanently
IL, the very first session Of the Legislature
held there. Il,