The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-05-24
Gne3tteltiqeueer,
The Issue Between the People Of
West Virginia aud the Corner
Lot Men Of Charleston.

cpublish this morning an interesting
letter from our correspondent who &c
cOmpaned the officers Of the State gov
erument from Charleston to this point
and who landed with them here yesterday
morning, in which full and satisfactory
account is given Of the closing scenes oi
the cqpitalship at Charleston. This let
ter, together with our preceding special
dispatches, presents the issue very clearly
between Governor Jacob, representing
the Exe@ltive and Legislative depart
ments Of the State, and Judges Ward and
Smith, representing lmore than anything
else n clique OF Charleston corncr-lot
spectators,
On the one hand is seen the Chief
Magistrate Of the State, attempting, in
pursuance Of his oath Of Office, to execute
an act Of the Legislature, while on the
other hand is seen judge (who agrees
with the Governor that the act is consti.
tutionaD allying himself with fierce lot
Of local politicians to ObstruCt its Gxecu.
tion. We thus sec two departments OF
the State government, one Of them di.
rectly representing the sovereign power
Of the people, humiliated by and subOrdi-
mated to u third department.
Itistruly mortifying to think Of the
agency by which this state Of things has
been brought about. In the first place
It begins with n number Of men at Char.
lesion who publicly avow their appre.
hensiOn that the removal Of the Capital
will lldepreCiate the value Of their property.
These persons succeeded in getting an
injunction from Judge Ward, a quack
medicine man, not having been able (as
We now see) to get II from Judge Smith,
of their own Circuit. And yet this Judge
Smith, who dared not take the responsi.
bility Of arresting the Governor for re.
fusing to come into his Court, and who
felt himself compelled to dissolve the
injunction issued by quack medicine
Ward, suffered himself under the impOr.
tnnities Of the notorious Jim Ferguson,
with n rabblc at his heels, to nulliiy his
own order Of dissolution by suspending
its effect beyond the day appointed for
the transfer Of the Capital from Charles
ton to Wheeling. This action was praG.
ticully the same thing, for the time being,
as affirming the validity Of the injunc.
tioh. Indeed II was an indirect decision
to that effect.
Our correspondence goes to show
that everything was cut and dried OH the
part Of the corner lot spectators for oh.
structing the execution Of the act Of the
Legislature. Having obtained multi.
Gcation and qualification Of his own de.
cision from Judge Smith, 1t was easy
work to get the necessary appeal at Point
Pleasant. 1t is by no means difficult
matter to get an appeal, and least Of all,
is 1t difficult In case Of this kind where
local prejudice runs so high, A judge even
OF the Supreme Court can safely grant an
appeal, inasmuch as il involves nothing
to him in the way Of responsibility, not
even the expression Of an opinion, and
signifies simply willingness to let the
petitioners have hearing in his court,
something that no doubt Jndge Moore is
only too willing to grant.
The Supreme Court meets in this city
on the second day Of next month. In as
much as the revolutionary proceedings at
Charleston have precipitated crisis up
on the State which involves the public in
terest to n very grave extent, and which,
II not at once taken in hand, may work
an inRhity Of detriment to the State, lis
not unlikely that the court will at once
pass upon the merits Of the appeal. There
are those who think that the Governor
should not wait for any such solution Of
the difficulty, but should at once proceed
to execute the act Of the Legislature by
virtue Of the plenary power lodged with
him a. Commander.in. Chief Of the militia
ry Of the State. The constitution Of West
Va, provides las II in contemplation OF a
case Of this sort that the Governor may
call out the militia ITO execute the laws,
suppress insurrection, and repel invn.
sion" There can be no question that
case has arisen where force could be used
o execute a law Of the State and put
down an instruction that exists at
Charleston against It's execution. But
any attempt to enforce the law in this
manner, VI this time, would be, in our
Judgment in the highest degree impolitic
II mol impracticnblc II will be time
enough to emyloy force when all other
remedial agencies are exhausted. We
have every confidence that the Court Of
Appeals will vindicaIe the majesty Of the
law Just as soon as hearing can be had
in this case. The plaintiffs will be bound
to secure the concurrence Of two Of the
three Judges in order to reverse Judge
Smiths order dissolving the injunction.
There is another remedy available 10
the Governor in case he should not see NJ