The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-06-03
GneIttell1Qe
The Powers Of the Executive In
West Virginia.
IS THE GOVERNOR HOUND ny THE DECIs,
IONS OF TIKI COURTs2


Gov JAtobs organ
It may DO Of interest to some Of GU
readers TO examine tho powers Of the eX
eCuliYe, under our state constitution, b.
the light Of the constitution, Of the UnileI
State5; for It is . rule long settled, and ~
isting suppose, 10 oil civilized countries
that d contemporary expedition Of Q lSR
made by those who we're competent Il
give II q construction, Is Of very grea
weight; and when such contemporary ex
position has been made OF law, and 4
mas been followed by an actual and piac-
teal construction in accordance with tina
contemporary exposition, continued 1
long period OF time, It Is afterwards toe
late to call In question the correctness o
such q construction. The rule Is laid
down In the quaint language OF Lon
Coke; aparanot szp0sit0 ct J0rtisstlc
in lego II s-
The execatiVeg power of the PreSident
by section two OF article two Of the Con-
stitution Of the United. States; ID confer.
rcd In the following language!
HE shall nominate, and, by and with
tue advice and consent OF ,the Senate
shall appoint Ambassadors &c. Co.
and all other officers Of'the United
States, whose appointments are not here
in otherwise provided for, and which shall
be established by law. Thus, It will be
seen by. comparing this section, with Sec
lion eightOi AruCle four Of the Consli-
tuition Of our State, that the executive
power conferred upon the Governor SO
lar as appointments are concerned, Is
identical with that conferred upon the
President, and that the convention which
framed our constitution must have intend
ed therefore to follow the landmarks oil
our ancestors. Now there were two
theories advocated in the conventions
which framed the Constitution OF the
United States; the one, federal republic,
aud the other consolidated empire; and
out of these two theories 1t was that the
controversy arose whether the Senate
should be admitted into a share of the
executive power OF official appointment,
which resulted in according participation
to tho Senate; but many OF the eminent
statesmen OF that time opposed the grant
ing Of this participation t0,lhe Senate be-
cause they believed It to'beI dangerous
unCrOachment upon the executive de.
pariment OF the Government, and hIr.
Adams, the first President oil that name,
we are informed by authority, died in the
conviction that the participation in ap-
pOintment that the Constitution accorded
10 the Senate would be the point upon
which the Constitution would iail.
The irameR of the constitution, when
they came 10 debate In Congress, in 1880
what was or should be the actual and
practical ALLEGATION Of the powers Of the
coordinate branches Of government, I'M
derstOOd the question perfectly in It's bear.
ing and in It's future necessities. Under
these circumstances and aljudicating the
balance as 1t is found in the constitution
our ancestors disposed Of this question
1t has served us to this time Sometimes
ia the heat oil party, the executive hal
seemed toe strong; sometimes In the hea
Of party, Congress has eeeme1 too strong
yet every contest and every danger has
passed away, controlled and protected by
the interest and power OF the people, and
now, In the language Of Mr.. Webster IN
tho memorable contest between General
jackson and the Democratic party, the
"ereeRtirs p0beT in The constitution e q
AetlLed point;; tettled By construction, Ssttled
BY precedent. settled By ths practice Of ne
government: skilled BY legislation"
But II the C0urier'S position be true
that our fundamental law In this State
has been CHANGED, and that the 'co-ordl,
nate powers which have enlisted the en-
Comiums Of so many eminent writer, have
been BoallOcated as to encroach TO such an
alarming extent upon what our ancestors
pronounced to be the weak point in ouI
constitution, then the authors OfOur funda'
mental law have indeed succeeded In in
suguratiDg new system Of government
but time will provo how far they will
succeed In escaping the condemnation Of
our outraged people.
But says the Courier, Of the " executor
with regard 10 hls execution Of the Law
is clear. BE must obey and execute this
law until it is repealed, or decided by the
judiciary to be unconditional, and II he
cannot conscienliously obey and execute
the law let him. resign" s...
"Times change and We change with
lhem," yet facts remain, principles re-
main A few years ago the Legislature OIL
West Virginia passed an act by which the
courts were dlors authorized TO interpTE
the conSitutionality Of any act Of the
Legislature, and II we recollect correctly
few ilaut could be found moreplamorou!
against the unconstitutlonalitY Of this act
than the editor oil the Courier and the AT
tOrney General. We confess that the
charge they made against the radical par
Iy OF attempting to change by Legislation
the fundamental law, was one Of TIT
strongest beverages by which the Demo
cratic party was elected into power, to
day VIC find them guilty Of the same weak
ness and FOLLY.
The Constitution requires the Governor
to take care that the laws be faithfully eX
eculed. II also requires MIN, as quslid
cation for his Office, 10 swear that he viii
support the Constitution OF the United
States and the Constitution Of the State o.
West Virginia, and that he will faithfully
aud imparlially perform the duties Of his
Office to the best oil his skill and judgment
In the language Of Chief Justice Mar
shall in tho case Of Marbury and Madison
speaking Of the co ordinate departments
uV SONcIumout1 WY uOCS uO SneaA ~
discharge his duties agreeably to the con
itlluOn II that constitution forms no rule
lof bis government-iiit called upon him
and cannot DO inspected by him?" II
such be the real state Of things, this II
worse than solemn mockery. To prescribe
otto take this oath becomes equally
crime"
suppose law should DO framed pro-
Malrg that the Governor shall not bt
%ptnn1ander.in.chief Of the military o
,un state-s plain violation Of the cOnsti'
auon, and an occasion should arise Wher
% On be actually necessary TO cal
w Ine military force TO execute the laws
SaM would be the Governors duty under
We circumstances; defend the constitution