The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-08

exercise the power properly belongin!
to the other; nor shall any person ex
ercise the powers OF more than one o
them at the same time, except that tn
justices of the county courts shall b
eligible to either House Of Assembly.
Trained as the statesman Of that de-.
had been under the government o
Great Britain, and imbued as the.
were with the doctrine that Parliamen
or the Legislative Department wa
absolute and supreme, they imposed
neither limit nor restriction, save onl!
those coptained in the bill OF right!
prefxed to the Constitution, and neces
rarily resulting from the form OF gov
ernment embodied in it. AS one OF th'
first and earliest examples OF th'
american constitution for the govern
nent OF the people OF free and inde'
pendent State, created and imposed by
themselves and by them to be vindl'
Gated, supported and maintained, It ii
worthy OF our most diligent aud care
full examination and study.
Willis. recognizing the absolute pow
er OF the legislative department, subjec
only to the principles and doctrines de-
clsred and established in the bill o
rights, the patriot fathers who framed
the constitution with jealous care, in
the 9th section prepared titular office
OF Governor who, like the figure head
of q ship, however ornamental, added
nothing to the strength or efficiency o.
the Ship of State. threads as follows
"9. A Governor or Chief Magistrate,
shall be chosen annually, by joint bal
lot OF both houses, to be taken in each
house respectively, deposited in the
conference room, the boxes examined
Jointly BY committee OF each house
and the numbers severslly reported tc
them, that the appointments may be
entered; (Which shall be the mode oI
taking the joint ballot OF both houses
in all cases } who shall not continue
in that office longer than three years
successiyely, nor be eligible until
the expiration Of four years after he
shall have been out OF that Office. An
adequate but moderate salary shall be
settled on him during his continuance
in Office and he shall with the ad-
vice OF counsel OF State, exercise the
executive powers Of government accor-
ding to the laws of this common.
wealth, and shall not, under
any pretence, exercise any power or
prerogative by virtue of any law, stat
ute or custom OF Eugland but be
shall, with the advice Of the Council
OF State, have the power OF granting
reprieves or pardons, except where the
prosecution shall have been carried on
by the House OF Delegates, or the Law
shall otherwise particularly direct
in which cases no reprieve or pardon
shall be granted, but by resolve OF the
HOuse OF Delegates.' "
The Chief Executive officer OF the
State was thus nothing more than the
chairman and mouth-piece OF the coun
Gil OF State. From the mode Of orga-
niza;ion as prescribed by the eleventh
section, it resembled Tie Council o.
Ten, Gts number, however, being but
eight OF Venice in the time OF its
obligschy with Governor closely re,
sembling the Dodge of that famed
power of the Middle Ages. A
well founded Jealousy OF kingly power
aud fixed determination to extirpate
and rout out every vestige Of monarch
ism, plainly appears in this recognition
OF an absolute power in the Legislative
Department and the creation of an Ex'
ecutive Department with neither power
nor function.
So also the judiciary department was
but the creature OF the Legislature.
The two Houses OF Assembly. by joint
ballot, appointed Judges Of the Su-
preme Court of Appeals and General
Court, Judges in Chancery, Judges in
Admiralty. Secretary aud Attorney
General, to be commissioned by the
Governor, and continue in office during
good behaviour. The Governor, by
and with the advice OF the privy coun-
Gil, appointed the justices Of the peace
70. the counties; and in cases OF va.
cancies or a necessity OF increasing the
number, such appointments to be made
upon the recommendation OF the re-
spective county courts.
twill thus be seen that the legisla-
tive department was the representative
OF what is callel and known a.
the absolute, supreme and uncontrolla
ble power Of the government. The
privy conncil, consisting Of eight mem.
bers, to which members OF the Assem-.
bly, who created and perpetusted il
were eligible, wss but an off-shoot o
that department, controlled the execu-
tive. The Judiciary department, save
only in the tenure OF Office. was also in
actual experience made subordinate To
the legislative, for We find the judges
resigning their Offices rather than
declare su act OF the As
sembly invalid and void be.
cause OF its unconstitutionality, &C.
cording to the honest convictions oil
their judgements. Whilst recognizing
the great political truth that these res
pective departments were and should bt
separate and distinct, they did not in tA,
practical administration Of the govern.
ment recognize and establish the neces.
ssIy corollary, that each of these de.
psrtments is, within its constitutional
sphere, coordinate, independent and
equal. Hence the learned counsel for
the plaintiff in this case speak Of tn,
legislative department as supreme ovsl
the other two, the judicial and exccu-
tive. In the order Of rank, relativ,
power and dignity, they class then
legislative, judiciary and executive
They remind us Of Bosvells illustration
OF Dr.. Samuel Johnson's relative res
pec: and yeneration for the severa
orders OF the hierarchy OF the Church