The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-04

clear that the remedy ana the Outy Is 10
be found in this very principle Of strict
construction, based upon sound reason
ings and moral suasions addressed
to the intelligence and the In
tegrity Of the people. When these
fail, then Republican forms of govern.
ment in the States and in the Nation
shall have failed. These considera-
tons require all good citizens to stand
against any iniractions of the Constitu-
tons, State or National. and when vi
olated to retrieve the wrong or ever by
their most direct action and prompt rec
overy OF the true position, in order that
the public Judgment shall be the public
vindication Of Constitutional law.
shall not repeat as far as can
avoid il, what was said in the articles
over the signatures Of T. and 2. AS to
YOUR first proposition. involving the
constitutionslity Of the DISTINGUISHING
Amendment, without restating it, the
whole force Of the argument depends
on the just application Of the Latin le-
gal maxim which you quote, name
ly, omnia presumuntur. rite et soEnruhiter
esss acta, donec probstw in cOntrdrim,
or, as translated, "All things are to be
presumed to have been rightly and SOL
emnly doue, until the contrary is
proved" The maxim is undoubtedly a
correct one, but it is of limited appllca-
ton, and here, in my judgment, Of no
application whatever, because Of the
omission of the important facts which
you have failed to bring into review,
and which, when considered, make the
very exception TO the maxim adduced
and which 1t distinctly announces, name
ly, that the contrary is proved. The
maxim limits its own application, for
there is no presumption that the act was
rightly and solemnly done when the
contrary appears Does the contrary
appear here in the public history and
legislative and judicial proceedings OF
West Virginia. There is no lawyer
in the State who knows better than
Yourself, that there are numerous class
es of facts of which the Courts, all
courts must take judicial notice,
aid that they form, without
being proved, a part Of every cause
where they are pertinent, which comes
before them for adjudication. Among
them are the facts of the existence OF
civil war, and all governmental, State
and public facts connected with that
condition. There was a civil war; Nir-
ginia was a border State in that war;
her people were greatly divided in
that struggle as TO the respective sides
they espoused; so equal was this diSls-
ion that the legislative power ofthe State
for a time was discharged by about only
one fourth of the constitutional mem-
bers OF Il e Senate and House OF Repre-.
sentatives; The chief executive and
judicial officers OF the State, duly
elected under the constitution,
We're without the forms OF the
constitution and laws made in pursuance
Thereof, replaced 10y others; the State of
West Virginia 10y "a comp d eteat was
born in the throes OF this revolution;
citizens. in vast numbers were placed I'M
der arrest, or incarcerated in prisons or
driven into exile the State was
camp under the rule Of martial law,
and when more order was evolved
from this civil chaos from first to last,
and eliminating in the test oath law OF
the 18th of February, 1865, aud the
Registration Act of the 10Th Of
February, 1866, the statute books
are filed with dIsqualiiying and
disabling laws, cutting off whole
classes Of the citizens of the State
rom offices, professions, calIinGs
and remedies for, the recovery of legal
rights and vindication for wrongs done
to them. The courts Of justice were
closed against them, and all these
things were done-though in Vi
oIation of the Constitution, under
the maxim that they were rite Ct
soLemniter actal Then came the Regis
tration law Of the Goth Of February
1866; and the first passage Of the dis.
franchishing amendment, showing
the dnip,uS of the one and the
other; and under it the election
of the members of the Senate
and House of Representatives for the
succeeding Legislature, and for the sub
mission of the DISTINGUISHING amend.
ment, and under this submission and
under this d sfranchnIng act of the
Legislature the DISTINGUISHING. Amend
.nent was submitted TO the people, so
decimated, SO sitted and q,laiiF"d nv
these winds OF revolution and pTeSa'Hnn
Tor the adoption of this proposition.
-tT6 be C6ncildcd Tomorrow.