The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-05

! Sub Ou thSSN "ho on oNN&NAsS sN"NsNS
by seeking the offices. The decision Of
the registrar or the appeal to the Board
should be so far final as to the right to
vote as that the inspectors should not
deny the voter registered. Somebody
must finally decide, and the inspector
in the hurry, the excitement and the
pressure of election day is not the COM
petent nor the fit person to decide.
Nor is il the proper time and place.
This course is proper and necessary to
the vindication Of the principles Of the
party and to promote the views Of all
those who truly desire to wipe away as
far as can be done, the sad and bitter
memories of the past 1t is the install.
lation of better day. 1t will guide
those who have the administration Of
the Constitution and the laws made in
pursuance thereof on this subject, and
it will compel those who have infracted
them or who might wish, furthet, to per.
petuate their violation to regard them
rite et soLemniter.
These views, l trust, dispose Of the
thirl proposition. They leave the way
clear tor legislative action on the Con-
stitution as it is. There is, in fact no
legal necessity for legislation on the
subject, except that laws which are i'm.
polite, which the people do not wish
enforced, and laws which are not con-
stitutional aud never should be enforced
should not remain on the statute
book. They educate the people in mis-
taken ideas, as to what the law is, or
that laws are above constitutions. or
for disregard OF all laws when some are
not enforced, or OF hate and discord
when such laws are made instruments
OF oppression. A registration law. sim
ply affirm NJ the Constitution as tits, the
supreme law of the State. is not wholly
nugatory at this time. II atfirms the
it ia declaratory, here, Of
a pur pose to stand by it in the exercise
OF its statutory directions, asthe old law
stood; the officers having cha &c OF cleo
tons have been educated in wrong. and
have, so lar, been legalized in their vic
lation Of constitutional law, and school
ed to the moral obliquity which Jusriios
such acts as it "all WAS iair in politics.
The continuance Of a proper regi>tra-
ton law Is necessary TO correct all this
aud il is right, as iii, the reinstatement
OF law and order, and directs the minds
Of men into clearer channels OF thought
and plr modes OF conduct.
1t is a great mistake 10 say, as some
do, that there has been public acqui'
escence in this DISTINGUISHING clause.
1t is strange to my ears as it must be TO
all reflective men, to hear men quote
the extremacy OF party wrong, exer
cjsed for party asccndrncy for Eve year,,
10 prove that it il right, or TO justify it
as constitutional. To speak OF 1t IN the
soitest terms, it was the exercise Of an
arbitrary rower never acquiescej In by
the Democratic party, and only defended
as a temporary expedient by those who
adopted It ! know that as early as
March, 1861, the whole proceeding. tn
law and the proposed amendment, was
~ unconstitutional, and that
then a decisive method was proposed
for preventing the success Of the revo.u
tionary scheme, and from that time TO
this it has been more or less the ground
OF earnest protest, as opposition 10 II
was a chief element IN the late success.
Why il was not tested in the manner
that certain gentlemen now think
proper, but who believe it TO he uncon-
should be passed over in
silence, unless they are prepared
10 show why il was not done
then, and should lie done now,
when there IS tic mora,
the legal and the political right and
power to disregard it. Your Argument
admits, as no one denies, that it is un.
in fact. You have fears. !
based on a maxim Of law behind which |
the court Of final resort might en,rcnch |
itself, and say that legislature passed
an unconstitutional law, for the direct
and immediate action OF the very off. |
GERS brought into existence 10y the law
itself, to accomplish an immediate pur.
pose, and, 20 specially charged for its
,xecraton by the spirit OF the law ex.
pressed in no equivocal terms, and
prompted by the temp.r Of the times,
snd yet that this court must say this, as
The solemn fact OF history, and then,
lnder the iallacy OF a maxim. turn
square around and say omnia esse acta
rte et SoLemnitur Surely il would be a
solemn farce, were il not for the solemn |
mockery OF Randolph vs. Goode
II there is such a general, nav, uni. |
versal conviction of the unconstitu-
tionality Of this clause why, now,
await the slow process Of the Flick |
Amendment, or the slower process OF
the judicial investigation; and what
gentleman is 10 be selected as the vic |
tim Of the priest Of the sacrifice TO 60
the ordeal ? What is to he
the condition OF these voters in the |
mean timer They must remain out, or
be brought in By an indirection and tul-
terfuge which tacItly admits that the
is in force, but that II
should be circumvented; or shall they
be brought in openly, upon that intelli.
gence and moral courage in the avowal
Of right, which shall declare that it is
unconstitutional and invalid. II re.
sponsibilities are to be incurred let them
come 10 the consciou mess OF right and
in the open discharge OF duty. II is
fair and proper 10 hope that better times
are upon u; that there has been a
publication OF the public mind 70 some
considerable extent, and that the laws
are being. and to be, more wisely. just.
ly and fairly administered in every
branch OF the State government. and
that the first purpose and the last aci
should be the vindication OF consttu-
tional law and the preservation OF the
Il