The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-08
growing out OF these three great lead
irp cardinal trnths

lCg C6rulnai uutns-
| /. That government is, or ought tt
be, instituted for the common benefit
protection and security Of the people
nation or community; of all the vsri'
ous, modes, and forms OF government
that is best which is capable OF pro-
ducing the greatest degree OF hsppines:
and safety, and is most effectually &C.
cured against the danger o. mal-admin
istration.'
=. "The powers OF government reside
in all in all the citizens OF the State
and can be rightiully exercised only in
accordance with their will and appoint
ment." And
3. "All power is vested 10, and con-
sebsently derived from the people.
Magistrates are their trustees aud
servants, and at sll times ameatsble tc
them"
These are not mere empty words, but
as understood and accepted by Ameri-
can republicans, are active truths
practical and potent declarations, in.
tended for every day use, in every de-
partment OF the government and among
the people themselves.
More than fifty years elapsed before
the people OF Virginia framed and pro-
mulgsted new constitution. In 1880
an amended constitution was adopted
by the people which retained all the
ID material features OF the constitution oI
l776. In the llth section OF the 81
article there will be found some lew
limitations upon the powers OF the leg
islstive department, being chiefly those
imposed by the constitution OF the
United States, which had been adopted
some time in 1888 by the ratification ol
nine States.
On the fourth Thursday OF October,
1851, the people OF Virginia adopted
a new constitution. In this constitu-
ton there were some important and
radical changes, but none directly re-
latiug to the question now under dis
cussion. If time were afforded me
should have been glad 10 note partic'
larly the changes then introduced, with
the view OF showing, not only the grad.
ual development Of the necessity OF
restrictions and limitations upon the
powers OF the legislative department.
but also the equally apparent purpose
Of maturing, establishing aud defining
the spheres OF the other coordinate de-
partment the Judiciary and Executive.
The constitution OF West Virginia
framed in 1862, under which our State
was admitted and established as one OF
the United States OF America on the
20th OF June, 1868. still further carried
out the great American idea OF writ
ten institution, prescribed by the people
for their own government, and TO which
the three branches OF the government,
legislative, judicial and executive, are
subordinate. 1t is true that whilst the
judiciary and executive departments
may each bold its allotted sphere by
affirmative grant, and the sphere oi the
legislative department may be limited
and restricted by prohbitory res,rlc-
tious and limitations in the negative
form, the result or effect is the came;
the same great end is accomplished
as to each department. That end IL
the defining and establishment OF these
three departments. securing the indie
pendence OF each from encroachments
by eth er OF the others, aud rendering
each subordinate to the will Of the peo-
pie, the only safe depository OF absolute
uncomfortable power, as expressed by
the consultation.
But when we speak Of governments
by written constitutions, we ought 10
enquire what is constitution, in the
American sense OF written constitutions
1t may be well answered in the lang
uage OF Justice Patterson in cumming
up the evidence, and declaring the law
arising upon it, in the case OF Van
Horne's Lessee. vs. Torrance, in the
United States Circuit court for the
District OF Pennsylvania, as reported in
ID Dallas 30S. What il a cons,itu-
tion &? 1t ia the form OF government
delineated by the mighty hand OF the
people, in which certain first principles
OF fundamental laws are established
The constitution is certain and fixed ;
it contains the permanent will OF the
people, and is the supreme law OF the
land; it is paramount 10 the power oi
the legislature, and can be revoked or
altered only by the authority that made
it. The life giving principle and the
death doing stroke must proceed from
the came hand. What are Legislatures
Creatures OF the constitution they owe
their existence to the constitution; they
derive their powers from the constitu-
ton il 10 their commission and, there
fore, all their acts must be conformable
| to it or else they will be void. The consti-
tuition ia the work or will Of the people
themselves, in their original sovereign
and unlimited capacity. Law 10 the
work or will o! the legislature. in their
deriyative and subordinate capacity.
The one 10 the work Of the
creator and the other oi
the cres,ure. The constitution f1es
limits to the exercise OF legislative au-
thori,y. and prescribes the orbit within
which it must move. The constitution
IS the sun Of the political system,
around which all legislative, executive
sud judicial bodies mus. revolve.
Whatever may be the case in other
countries, yet in this there can be no
doubt, tina, every act Of the legislature,
repugnant to the constitution, Is abso-
lutely void"
beg to refer the court TO the whole
Of this opinion, and in the same con-
nection, also refer 70 the 10th chapter
OF "Potter's DwarTis on Statutes and
Constitutions" commencing at page
$50. See slso Secs, 207 asoq; Story
on the Constitution. p. l42. 81 ed.
The experience Of the American peo-