The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-01-22
ran GALvEsrON CIvILIAN.

The Galveston Cicilian denies that It ha
become Radical paper, and complain
that we have done it injustice by any sucl
charge or iHsinuation. We are glad to SCI
this, for we had been on the best terms Will
that journal, and hsd taken occasion t
compliment it on its change OF manage
ment, when, very much to our surprise
there appeared an article in its editorial col
umns, which called forth the rather tar
comments TO which the CiOilian takes ex
ception. That We were entirely excusablG
for it will appear from a republication oi
that article, which we take from the Waco
Register, decided Radical paper, showing
that It's editor took the same view of the
matter that we did:
ssIf Solomon (the Ne,es) knew as much as
he thinks he does, he would know that the
Executive is bound to recognize the decis-
ion Of the Supreme Court. Il has decided
law to be unconstitutional, and he is bound
10 recognize that decision. Two wrongs
never make right, and it would be just as
wicked for Governor Davis to refuse TO rec
ognize this unFighteous decision as it would
have been to refuse toTecognize the decision
had it been according to law. OF course,
the Legislature will decide the qualifications
Of its members. But the Legislature, to
do that, will be the old one, not the new
one. And any school boy ought to know
that after the Supreme Court has decided an
election to be invalid, no man who was
elected in it has any legal rights
Cioilian.
Here then we have the admission of all
that the Radicals claim and on which they
found their whole attempt to reyolutionize
the State through the instrumentality of the
Supreme Court. First-''The Executive is
bound to recognize the decision of the
Supreme Court" Second-''No man, who
was elected in it (the Fourteenth. Legisla-
ture) has any legal rights" Third-'The
Thirteenth Legislature is still in existence
and 10 the only legal one.n Here is the
whole Radical ground covered by paper
protesting to be Democratic. When we
read the obnoxious article, we naturally felt
astonished and indignant, and said what we
did, and we have nothing to retraet. If any
injury has been done the CiOiIiaa, we sub
NIT that the fault lies at its own door. It
has nobody to blame but itself II the posi-
ton taken by the CiOilian was correct, the
present Legislature would have nothing to
do but disperse and go home and the
conduct Of the Executive would lie
vindicated. But it is not correct. It is
neither law nor gospel nor common sense.
There is no Thirteenth Legislature-it is
dead. The three departments Of the gov
erument, the Legislative, the Executive,
and the Judicial, are independent, and the
decision of the Supreme Court, or the opin-
ion OF the Governor, cannot destroy the
Legislative branch, while the. Legislature,
for sufficient cause, can destroy both Gov
ernors and judges by impeachment, tnal and
conviction under the powers expressly
granted to them by the Constitution. Whya
Because the Legislature represents immedI-
ately the sovereignty of the people, whose
will ultimately must be obeyed. To this
branch and its action on political questions,
the Governor and Supreme Court are bound
to defer. The Legislature declares who is
Governor, and the Supreme Court has no
right to call in questionits decision; on the
contrary, it is bound to regard it. The ac-
ton of the Supreme Court, in the late
Rodriguez case, is in defiance of well
established principles and decisions, for
in that case bosh the other de-
partments of the government had de-
liberately and solemDly adjudicated the
political question Of the election law, and
the judges were bound to accept it. They
could not look beyond it orrevise ts.politi-
cal effect. They could discharge Rodriguez,
with or without reasons, and no one has
questioned their power to do so, but be-
yond the effect on the prisoner before them,
the decision is dead letter--it has no
political binding force whatever.
We have thus endeavored to enlighten the
Civiliqa, il it has erred through darkness
and an honest lack of information on the
great question which is now agitating the
State of Texas; and we sincerely rejoice in
its denial and disclaimers of any taint of
Radicalism or intention Of wrong, though
these disclaimers are not made in language
altogether courteous towards US. But that
is small matter, and we can pass it over.
We have so frequently been abused for try
ing to keep some Of our Democratic breth-
rem from running of the track and smash
ing up everything that we have got used
to il.