Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-08-29
THR JEFFERSON COUNTY CASE.
[From tha YYheellnr Rnriater.1


the decision pronounced in the Supreme
Court Of appeals In relation to the somewhat
noted jefferson County case" Our readers
are doubtless familiar with the circumstances
of the case in question, it having been made
the subject Of some newspaper discussion last
spring and the occasion Of great many fool
ish aud inappropriate comments by the Rad
zeal press OF the State. The decision sustains
the cOnstitutiOnality of the act of the Legis-
lature removing the county seat Of Jefferson
county from Shepherdst0Wn TO ChaFlestown,
and reverses the decision Of the court below.
In the preparation Of this opinion Judge
Maxwell has displayed even more than his
usual care aud research. He seems 70 have
given the case 4 most thorough and e1haus-
tive examination and has only arrived at the
conclusion announced after careful collation.
aud review of all the authorities" relating 10
each point presented in the argument.
The Judge states in his opinion that "The
representatives, Of the people should be gov
erned by the spirit Of the Constitution aud in
doubtful cases should decline the exercise Of
power. For these reasons, with all respect, il
was the duty Of the Senate to have declared
the bill not passed" But notwithstanding il
is fact that could not be legally sscertained
nor presented for the consideration of the
Court, it is morally certain that in the deci.
sion Of the Senate in this particular case both
the spirit and tie letter of the Constitution
were preserved. Senator JoHNsoN's views
as to the merits Of the bill under discussion
were we'll known and there can be NO reason.
able doubt that had he been present and q
member of the Senate when the vote was
taken, the bill would have received the twelve
affirmative votes necessary to constitute ma.
jority Of twenty-five. There was in this case
no departure from "the true theory Of repre-
sentative government" aud we submit, with
all respect, that the bill having received the
assent of a majority of the members of the
Senate and being in accordance with the wish.
es OF majority Of the representatives Of the
people it was the duty Of the Senate 10 de-
clare the bill passed. Had the Senator who
had resigned his seat been opposed 20 the
passage of the bill, the case would have been
different, and although the letter Of the Con-
stitutiOn would still justify the declaration
that the bill had become . law by virtue of
the consent of majority of the then menu
bers OF the Senate, yet the spirit Of the Con-
stitutiOn would not sanction the proceeding,
and Judge MAXWELL's remark would be just.
Of course the wishes of an absent Senator, or
of the people who had no representative in
the Senate, could not be legally ascertained
or given legal effect, but morally, the deci-
sion Of the Senate in tho Jefferson. county
case was rs clearly right, regarding the spirit
OF the Constitution and the true theory of
representative government, rs it was in accor.
dance with the strictest Interpretation of the
language of tho instrument itself.
The bubble by which a few disappointed
Radical politicians have been enabled to put
the people of Jefferson county to great an
nOyaucc and expense has now received its
QWietMs. All the trouble and cost and de-
rangemGnt of business that the suit has crea.
ted has been incurred in a cause that was,
from the beginning, certain TO be lost for had
the act passed last winter been declared in-
valid there could be no doubt that next winter
the act would be passed beyond oil possible con.
trOversy. In view OF all the circumstances
of the case; the wrong of the original Radi-
cal act for the removal of the county.seat
from Charlestown the resistance to its return
after the Legislature had declared last winter
that it should be returned; the legal procccd>
ings that have interrupted the business of the
county and produced DISCRIMINATION aud
served no good purpose whatever; VIC fully
agree with the IUteHiycnccr in tho declaration
that sit will be found by the people who pay
tho expense that there is nothing more costly
than ignorance or dishonesty in high places"
And We would also respectfully remind the
Radical press of the State, Governor STE.
VENsON, Tom SWAN, &. p, ct id Omne genus,
that E2eUe" is " minority Of 7'ce"ty. one.
THE VIRGINIA POMoLoGIcAL ExH1BG-
TIoN.-Extensivcp preparations are being made
for the great joint National and State Pomo.
logical exhibition to come off at Richmond.
Va, the 9th, Tth aud 9Th of September. A
InNNa Co., Al u n 4