The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-03-25
The Reported Efforts to EnIOin
IIlc Removal Ol tho Capital.

GRAFTON, March %, 1875.
Editors tnlelllgCnccri
Ever since the passage Of the bill tenn
pOrarily locating the Capital Of the State
at Wheeling, we hAyeheard vague rumOrs
that an effort would DO made through the
judicial department Of the State to defeat
the will Of the peOple,Ns expressed through
their representatives in the Legislature.
The proposition waSsO extremely absurd
that 1t received but little attention at first,
but having been 30 often repeated II
seems now that something Of the kind is
seriously contemplated by the friends Of
Charleston, or perhaps more correctly
speaking, by Burdott Bennett and Walk
or.
II is not pretended that tic act chang
ing the location Is Unconstitutional, nor
that it Ia not indoBed by at least two
thirds Of the people, representing four
ffLhs Of the wealth OF the State, The
Constitution Of the Slate so recently rati-
fed by the people clearly and in I'm.
equivocal terms declared that "tlle Seat Of
Government shall DO at Charleston until
otherwise provided by law" and no long.
er. The act Of tho Legislature being
unquesLiOnably constitutional, and hav-
ing been demanded by SO large u majority
Of the people; suppose some iinsCrupul-
Gus Judge should issue his process re.
straining and inhiblting the Governor
from removing the archives Of the Stale
to Wheeling, what would be the duty Of
the Governor In the premises2 Should
he obey the lawful commands Of the
Legislature or tile illegal mandates Of the
colifts2
1t will Ike borne III mind that the Leg
islaturo and judicial departments Of the
State are coordinate, and Of equal dig.
nifty. Each is alike SIpteme in the exer.
else OF It's proper functions, and neither
subject to the control or supervision Of
the other. Any assumption Of power by
the one over the rights and privileges Of
the other Is palpable violation Of the
Constitution. Courts sit, not to revise
the acts Of the Legislature, but TO enforce
them, and not until they find that the
Legislature has not kept within ils consti-
tutionAl limits are they at liberty to disfe-
gard its actions; and when they do so the
courts asstimo no Judicial SUPREMACY,
they simply declare lhe will Of the people
az expressed through the Constitution,
which is paramount to that Of tleif rep
resentatives expressed in any law. II Is
then clear that II the courts have no
right to revise OF review the legislative
action that each and every act done by
them In that direction Is wholly without
authority-an understandable assumption
Of power contrary to the letter and spirit
Of the Constitution, and therefore null
and void and binding upon no one.
Hence should any attempt be made by
tho courts 10 nUlliiy this lawful act Of
the Legislature, ii would most certainly
10 tho duty Of the Governor 10 refuse
to became pdrticeps crimiNis by acquiescihg
and participating in the unlawful
act Of the court, Hit duty rouH
be clear and pain one He should
mol hesitate 10 wholly diaygdrd he process Of
he Court. II IL "a much the duty Of every
good citizen to resid the wrongful and IL
legal act Of any department Of the State,
az Il IL to submit 10 and obey legal act.
OF course the act TO b resisted must work
injustice and DO clearly illegal and With
out a shadow Of authority, Just such an |
act as any Judge would commit who
would attempt 70 interfere with the Gov
enot in eniotcihgthe act oi Legislatute |
In question,
II ID oiVilal Importance that the next
Legislature should assemble 1T Wheeling. |