The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-09-27
Who is 1t that Proposes a Rebellion

through couple Of columns about =
Radical Rebellion in West Virgins"
because We do not propose TO submit
without protest TO the usurpations BY
which the partisans. OF that sheet are
about 10 obtain control Of the entire gov.
erpmental machinery Of the State Let
Us notice briefly the only parts Of that
Illumination which have any claim 10 be
called argument.
The Register undertakes to prove the
legality of making the constitution ret
ro4ctive, so as to cover the day Of elec.
ton, by quoting the provisions Of the
Schedule assuming to make itso. That
il Ike appealing to the will OF criminal
As justification for his crime, or proving
the credulity OF q witness BY his own
statements. OF course it would be in &C.
covdance with the Schedule Tor the new
constitution after It's ratification to be.
come retrospective; but We deny that
such provision in the Schedule can have
any authority as law, becauseit was made
in!Violation OF q mos! express provision Of
the fundamental law Of the State and
was null and void from the beginning.
That provision is that no oct Of the con.
vention such IS g new or amended con.
sttuuon) should have any validity before
the time when ratified, nor "by any shift
OF device, be made to have any retrospec.
tive operation or effect"
Then the Register goes on solemnly TO ar.
que that to put the constitution in force
and subjec; the people Of the State TO its
provisions eighteen hours before it WAS
rsti6e1-beiors it possibly could be rlti.
fied-ani while the people Of the Stats
were bound to presume they were living
uader the old constitutions no; giving
ia retrospective operation o. efec;. "
That i too big Joke to need serious an
swe-
Then the Rs;IS:c' Tu:rS around Scc
makes It's preceding Argument unneeesA.
~ by declaring TIA; the AEiho.ity q tie
Convection w4s paramount ovs- ~ oiss-
authority in the Sc4,E Is raGrSsat
assertion is Tbs; tee 21;ho.::y c; CT
stituioal Coayentoa II k7y Ses:s i
limited only b! The CoassitEt5oo 9! -
United Siaies" This i 5 sweeping Xci
dangerous pp2osidos- OF oocrse, $ CT
contemporary argues, there i 10 liniia;ioa
on the kind O. Constitution ; Cozren.
ton may propose, Nnsy propose An Sb-
salute monarchy il it chooses B1tn can
only propose" Tia; !: the e1tsn; Q. Is
power under tie fundamental lsv a the
STATE by whose sa:hO.iiy &lo0e il exists
and 10 which j; rSvs b subject, precisely
IS every o1ees, O. o;he public body, OF
citizen, or subordinate authority IN the
State, Is subject 4 Coorestioa called
and empowered only TO '-pcuP9s Son
situtiO1 cannot exercise legislative pow
ers, is Nj. FAuLxxER sdmiel Il cannot
gran; charters, or apprOpri.ts money or
direct the election Of officers, ior these are
al equally legislative sctz The Consti-
futon OF the State, which ceste both
Convention and Legislature, has eoahded
these powers exclUsivelyto the lstte; and
when Convention csHed into being by
the same superio: suihority, for The sole
purpose OF pngp'Ez2 changes in the fun
danenta! Law, ASSUMES to exercise the
:ute6ons o! the legislature, ii simply
usurps powers that DO not belong to it. A
Constitutional Convention Is the creature
ofthe State Constitution precisely IS HE
Legislature is, and can no more overstep
the bounds prescribed for it than tie Leg.
stature can the bounds prescribed for it
Each has conided to 1t certain limited
powers and duties II one may assume
10 possess original and sovereign powers
50 may the other. There are conventions
sometimes which Go possess the original
powers Of the people Such was that
which assembled in this city in June,
1881, aud reorgauirsd the abrOgSted gov.
eminent OF Virgins. But when such an
original body has organized q government
and the people asserting to It's acts have
agreed TO be governed by an organic law,
every subsequent step must DO taken in
subOr!inatioa to that law. The stream
cannot rise higher than its source .Au.
,honiy delegated tos body by a State
Constitution Gamer be greater than thSt
Constitution. The win nad authority o:
AS.s.e are embodied n its Ccas6r.ioa
AID can be leSitimGtely exercised natT il
conformity 10 Is paoTi<ioaS Any vip!G-
ton Of those provisions Is null and VOID
trum the beginning. i S0ocessful Koc
continued defiance GtAem IS revolrtoa
The Registers talk Aboat Radical Re-
beilion' because We isoouaes sd sas-
gNss resistance to the us2rpStioss Of lis
pArtisans is mere insoieocs Its Tier
who ArO in rebellion against the laws aad
legitimate authority Of the State and We
who arc seeking to preserve that author.
Uagairst their lswleSsneSS Our cO.en.
poraIy, feeling confident in the eutench.
meut Of its faction in power, chuckles
over the impuuity With which Il violates
the fundamental law Of the State aThe
Constitution and the schedule have been
ratified" 1t tells Us sthe elecllCnh has been
held; the verdict Of people has been
onouonnced, and IRON this there 4 M