The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-12-20
The People, The Legislature and the
Courts.

adopt-or in some other mode-mak,
the paramount law for the security o
the rights and regulation Of the conduc
Of the people, as well as for the organ
izaton of the State. They declare thi:
in their constitution. This is the
supreme law of the land.
The people, by. this fundamental law
create the Legislature and the Courts, al
well as the executive and other function
aries; and confer on them powers, thai
in their sovereignty, they will that then
agents shall exercise. They delegate
to the Legislature the power to enact
laws on such subjects as they deem may
be trusted to the discretion Of that de
par,ment, and withhold from it the power
to enact others. And the people com.
nit to the Courts the duty to apply the
laws to the rights and actions OF indi-
viduals, and adjudge whether they have
been kept or broken.
In the earlier period Of the republican
institutions Of the country, when the
Legislature, transcending its limited
power, passed an act inconsistent with
the Constitution, it was supposed by
some that the enactment became law.
But i; was so clear that when cons ii.
tutional provision, adopted hy the
people, was contradicted by leglsll,
tive statute enacted by their agents ap
pointed for other purposes, contrary 10
the prohibition of the people themselves
the statute was utter Y void for all pur-
poses that when the subject was fully
considered and generally understood, the
suggestion to the contrary was repudiat'
ei-and the principle settled-it was sup
posed for ever.
In the year l1SS, Mr.. Hamilton wrote
AS we read in the Federalist: 1t is
not to he supposed that the Constitu,
ton could intend to enable the repre-,
sentatives of the people to substitute
their will for that oftheir constituents.
THE Constitution ought to be preferred
to the statute; the intention Of the
people to the intention Of their agents.
There is no position that depends on
clearer principles, that no act Of delegated
authority contrary TO the tenor Of tie Con
sttution can be raEd To deny this
would he to affirm that the deputy is
greater than his principal; that the SER
want is above his master; that the rep,
resentatives OF the people are
superior to the people thcmselve;
that men, acting by virtue
of powers, may do, not only what their
powers do not authorize. but what they
forbid
"A law, by the very meaning of the
term includes Supremcey II IS a rule
which those TO whom IL is prescribed are
bound 10 observe. If individuals enter
into a state of society, the lawsso that
soc ETY. mast be The supreme regulator Of
their conduct" But ii ,oiH not .tollow
that acts that are not pursuant 10 the Con-
stitutional po0sr ,OiN become the law Of
the land. These OiN be merely acts Of
uSurpation and ,oiW deserve 10 be treated as
such"
In the year 1903, the Supreme Court
of the United States decided-Chief
Justice Marshal pronouncing the
opion-that a legislative act rcpugnant TO
tie cons tiutiOn is not IaO.
Other sages and courts-those Of Nir-
GINA az well as other SYSTEMATICALLY
expressed the same convictions, and pro-
like decisions, till the subject
was regarded as beyond further ques-
ton.
Lately, however, when the Radical
party determined to rule the people, &C.
cordiEg to its own will, in disregard OF
the constitution, it sought to cover its
illegal position and further its arbitrary
by the action and sanction OF
a Legislature and Courts OF its own
selection for its own purposes. In order
to secure the acquiescence and obedience
OF private individuals and public func-
tionaries TO legislative enactments mani
testify repugnant to the Constitution, it
was asserted by the spokesmen OF that
party, that though the people, in the de-
iiberate and solemn exercise OF their
sovereignty, have in their constitution
made the law on subject specified, and
withheld from the Legislature the
mower to act on it, nevertheless, an act
so passed-which is not law, but void
as if it had not been written--displaces
the paramount law Of the constitution,
and is the law for the people-prlvate
persons and public officers--and regu-
iates or destroys the security Of persons
and the right of property, prescrlbes or
prohibits the defence of these, and re-
ouires the absolute obedience OF the
PEOPLE. At least, it was and is urged
that such unauthorized and void enact
ment is valid law for time-tlli the
courts shall have al opportunity and
rlease to annul it, Such is the purport
of the dogma so long ago rejected-but
lately promulgated by the party In
power for its own purposes.
In this State, the Radical Legislature,
by its own enactment, declared, in effect,
that when, transcending the power con-
ferred on it by the people, in violation
of the Constitution, it had passed or
should pass an act that was not law
however manifest its repugnance and
consequent Illegally might be-still the
people, who in their soverigntylhad for
hidden the act, should he governed ny
il. till the courts-that, with few except
tons. were in harmonious accord with
the Legislature-should decide that
what was certainly not law, was or was
not law. And, furthermore, that Off,
GERS who should do what was directed
bv an unlawful act-though they knew
il to lie unlawlul-should not be pun
ished; but those who should refuse TO
do what was directed by such unlawful
act--,hough they knew the Constitution
forbade it-should be severely punished
So that though it be apparent to all that
a legislative act is not law-no matter
how valuable or sacred the right viola
ted or how ruinous or irreparable the In,
Jury inflicted under 1.-THE unlawful
sbaIl nreyail and he oheyed