The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-05
The Duty of the Democracy
Civ G US the Peace Of a Republic

4
.herr is no ground to doubt the pur
pose or the execution OF the purpose &c
isfranchise large holy of the voters
Il the State. On the 18th OF February
they rassed an act (sce 20, p %, acts
10 compel all their officers, under pam
.. fine and imprisonment, 10 execute
D. enforce any act OF the Legislature, OF
anv legal process or proceeding there
u,drr. or any LarfiI' order or proclama'
,i,n OF the Governor. By section sec
ond they had provided that. mo officer
N the iawfM exercise or discharge OF
his official duty under any act OF the
LEGISLATURE, or any order or proclama,
ION Of the Governor OF this State shall
h, deemed personally responsible there
for, either civilly or originally, by rea-
son of sush act, order, or proclamation
bin. afterwards adjudged by any court
If this State, to be unconstitutional and
void" Here they define what they
mean hy the term lawful, and that 1t
: obed ence to their acts and the acts
If their Governor Here they avow the
rp-pose TO violate the Constitution by
these acts, and provide Tor their enforce
men, and for the safety OF the agents
who are TO execute or enforce them.
How could they secure the safety Of
these worthy officials, civiliy and GRIM
inallv? Only by wholly closing the
c,urts o. law against sultors, or to IN
'imidate or corrup. and secure the con-
,urrence OF the Judges. So the first
section Of this act, through which this
minus is 80 apparent, atfirms the doc
,rne on which gentlemen who oppose
NV views, now rely, viz: The Circuit
Courts and the Supreme Court OF APP
ueals of West Virginia, are alone du-
ibori:si to interpret and determine the
constitu,ionality of any act Of the Leg
;slature OF this State. . Then follow
the Luciui provisions have stated, with
other. for the punishment Of citizens
who should oppose any portion OF
this legislation, with provision
.ecurin. the right OF any person to
test the constitutlonallty OF these acts ?
Then nine days after the passage of this
act they pass the famous Registration
Act of February 20, le66, aud provide
l. tbs Govern O from among
ruz rs most n rwn TO the loyal y,
Sc, shall appoint county Roa'd OF
Registration, who shall appoint one
loyal and upright person in each ward,
township, &c, and styled the Registrar,
who shall register the white male
citizens in his ward, township or DIS
,r,ct entitled to vote therein, according
~ tie provisions Of this act The Con
,iitutlon is directly ignored; these Oil.
GERS must act under penalties; ali legal
remedies, civil and criminal, are denied
to injured citizens, and the doors Of the
courts Of law are thrown open, but they
cannot 90 in, for without remedies, suits
are mere follies. Having cut off all
remedies, 10th ciciL and criminal, having
riven this menace or peremptory In
s,ruclion TO the courts, they then let the
injured parties 90 into these courts.
Under this state Of law and fact the
case of Randolph Us. Goode ct a. was
tried, appealed, and held to be constltu-
tional OF this hereafter.
Think YOU that Governor Foreman,
then holding the cAiet executive office,
and having the appointing power for
it's enforcement, did not very SoLemaly
execute that law and see that it was
enforced to the letter,-and beyond the
letter? Think you that these officers
of Registration, these appolntees OF this
Governor, disregardei the law and stood
by the Constitution? All the world
that took any cognizance Of our affairs
in these times OF trouble" know that
they did not stand by the Constitution
and that they did stand by the Regis
,ration Law. They were not permitted
by the passions and the interests OF the
times to do otherwise Doubtlessly many
OF them acted from patriotic motives
but they did 50 act, and the legal effect
is the same, be the motives whatever
they were. That same purpose OF ex
cusion of all these classes TO which
reference has been made and which
marked the legislation OF the State and
the judicial action of the courts of that
time prevailed in this instance There
is no test by which they can be sepa
rated or d stinguished They were FOL
a purpose, so was this. They were uu
constitutional, and so was this. They
were enforced, SO was this. The Su
preme Court having affirmed this gu
premacy OF the laws over the Constitu
ton in more that one instance Ger part,
Stratton, W. Va. II. 305. Hunters
case, , id. l22. Randolph U.s. Goodt
eal, 3 w. Va. SOL, id. 235,) woulG
hardly hesitate to say that this law toe
was not actually and positively enforced
Now apply the maxim which is brough
forward to ignore and disregard al
these facts OF history. Apply it in con
nection with the proposition that thes,
Register 4 ;officers did or did not obey tn,
law, and by affirming that they did vol
make the history Of the times and tn,
facts in this instance consistent; Oh
otherwise, inconsistent and absurd, and
in this sense. unreasonable. The Leg
islature passed the law that it shoult
be obeyed; they did not intend TO d,
an idle and useless work; there is n,
provision for the postponement Of il
execution; every provision is made 70
its immediate and memorable appl,ca
ton, and the passions and interests o
the times, as well as this very maxim
OF the law, as also. the whole argumen
that the citizen must assume the valid
ity of the law until the Supreme Cour
on the unwilling act or the intelligenc
and moral frmness' of some ma
who will stand out from the crowd an
deny its validity and incur responsible
ity, shall decide the question for hin
eel I'll these, maxims, provisions a
prinsiplss, rsiss The sstual And the Len