Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-03-28

! pense with them. To DO 90, would be to vic.
late the instrument which they are sworn 70
support; and every principle of public law
and sound constitutional policy requires the
courts to pronounce against every amendment,
which is shown not TO have been made in ac.
cordance with the rules prescribed by the
fundamental law"
In following the spirit ofthis decision, there
is no danger Of error. Our Constitution has
prescribed certain prerequisites in order for
its amendment. It is for us to decide, by our
votes, whether or not they shall be regarded.
True, it is, that the mode of publication pre-
scribed may subject US to Inconvenience but
1--WE cannot establish an unsafe precedent upon
question of constitutional law, TO escape
from it." If matter of convenience is to form
rule of constitutional Interpretation, then
organic laws will be directory, or mandatory
as party necessity, or the whims of the legis.
lature may demand. Common sense revolts
at such an idea. Yet, it is not strange
principle in these days of centralizatioT aud
Legislative arrogatiOn. 1t has, with astound>
ing rapidly, already abridged the rights of
the people to 4 frightiul extent, and has as.
somed the most dangerous proportions under
the fostering care of radicalism. It win
either meet its Oeath at the hands of the dem.
ocratic party, or constitutional liberty must
sink under its burden.
The great legal minds Of Story aud Kent
folly compreheuded the importance of the
strictest fidelity aud regard for constitutional
law; and l cannot do better than TO refer
those, who are 50 clamOrOns for ttiis PROPOSED
amendment, to StOry's com. on const 7Ol =;
and ch. Al, p. 6T9, 600; and Kent's CON-
44S, 449, 453.
am not ignorant of the fact, that the
Courts' in some of the States have decided
that they could not go behind an enrolled bill
to enquire into the proceedings of the Legis>
lature. The presumption of the Courts, in
such cases, has been, that the legislators, being
sworn officers, have done their duty; and if
they have legislated upon matters where pre-
requisites were necessary, that those pre-,
requisites were complied With. This is one of
the arguments used TO influence members of
this House to support the proposed amend
ment. Who is it that would desire, or be
willing to conceal their acts behind a mere
presumption of iawH Be assured they will
not be concealed from the people. They are
now Watching to see if you are faithful
stewards, fully EpPreciarfng the trust they
have cOnfded in you. II ne were inclined
to decide, by n judicial rule, what ia our duty,
the conflicting decisions of Courts, upon this
Point, shoHld leave our cOnsciences free and
unfettered, to be guided by our reason and
sense Of duty.
have quoted the decision rendered in the
Alabama case, because believe the rights of
the people are more secure when the princi-
pies therein enunciated are maintained and
because believe that legislator, who is, or
ought TO be, the mere servant Of the people,
ought also, to be as strictly bound by the pro.
visions OF the constitution as the humbIest
citizen WHOM it controls as we'll as protects.
Na .LL
tiOn, Is salutary provision. 1t is to inform
tEs people that change is proposed in the
organic law When they are appriscd of the
fact, such proposed change can be made a po.
litical issue. aud the will Of the people can
be expressed, either for, or Sgainse it, a. the
polls, and effected by their representatives
elected upon such issue.
t This body is about to set q precedent upon
constitutional law or rather, a precedent as
to its duty and authority under the constitu>
tion OF the State. 1t will either be to con,
stTuc the constitution according to the letter.
or to disregard its provisions ct the demand
OF present necessities. Whatever may be tho
decision, L hope that the democratic side OF
the House will be found shoulder to shoulder
in the support OF the Constitution, in its plain
and literal sense. lFOthers can, by the mere
force OF imagination, give il construction
the full benefit of their ill-shaped invention.
Passing from the objection to the passage
CT this resolution, upon the ground of nom
compliance, with the provision in the State
Constitution, requiring three months publi-
cation, &c, let us inquire into the alI,import.
ant question-Will the Flick Amendment, if
it become part of the organic law OF the
State, eufrahchise the $4,000 tax-payiug and
burdened Of our suffering people, who have
been deprived of any part in the legislation of
our State by radical tyranny and oppression
In the opinion of those who oppose this
measure, it simply, as it vas intended, strikes
the word white from the Constitution, brings
it in conformity with the so.calIed Fifteenth
Amendment to the Constitution Of the United
States, aud leaves the disfrauchised white
men in the same Condition, politically, In
which they were placed by the DISTINGUISHING
Amendment of 1866.
This being the fact, it is easy to discern
why 1t is that every radical editor aud polls
tician throughout the State, are clamoring for
the passage OF this resolution. Are they the
men, by whom, the policy of the democratic
party is to be dictatedY Are they the men;
to whom, We should turn for counsel in the
hour OF victoryI Are we now to ackuoSl-
edge our own imbec!lity and listen to the ad.
vice of our enemies? We knotT tSo we'll
what radicals have done in the past; aud We
know what would be their course in the
future, if they yet, retained the power. They
have passed registration aud disfranching laws,
almost w;tLOut end: They have studiously
cODjured up every damHable device that their
minds could conceive, wholly with the pur.
pose of abridging the liberties aud rights of
the people and now they gtaciously tell US
! Ahnf fhnnr Arn IL: Il. L