The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-10-01
THE CAPITAL CASE.
Notes Ora Plea before the Kann.
WlIa Circuit Court Tor PGrpGt.
uaIiOn Of lnjunctiOn..-Nlnnu.
scripts Found Ia the SWGepingS
OF the Court Room, May, 1879.


WlIn Circuit Court Tor PGrpet.
uaIiOn Of lniunctiOn-..Nlnnu-
scripts Found la the SWGGpingS
Of thG Court Room, May, 1879.
Furnished for the Wheeling lntclligcnccr
May it please Your Honor; A most
mOmeDtOus question arises, and the eter-
nal principle Of individual liberty Lhb.
crtdS minmOrm pOpWOrm: llOr, Hoe, Lib.
ix., Car. w isinv0lvGd and depends upon
the perpetuation OF this injunction In
junciioRcm dd dbsr,ium 1t nee rGiioncm-
Tcrtullius de Legis: Tome ix,, Chap. i,
Sec. q. The perlecliOns Of the freedom
Of human action-the free exercise Of
the perflnctOry achievement Of n free
people-aye, ii Your Honor please, a
mountain people (Montani Semper Iibcri
Sig. Publ Is involved in the decision
Of this fundamental principle (hRdNment.
tm principium est principium )undamcnitm
-l|lackstOncs Com, Chap. !, Sec. ~,
Your Honor, before going into the merits
Of this question (QaiS Cd qnGciiOf COnun.
drum non pose SOlrdre-Cic, DE Anil feel
it my duty to express myexalted opinion,
aud the still more exalted opinion Of my
Clienls-(rOr pop. ,Gc.) Of the wise act Of
your honored cogtrdtcr, judex lIomanOrnm
that he IL. lie who was selected by Omns.
cience!to dip in the River Of Life aud I'LL
his phiaIs with the waters thereOf-and
permitted also to explore the drcdpd Of
nAture-llas demonstrated to the world,
that the humble OrchM-thc drlm boon.
icnsis, the igim hrnipum, will give "MajiC
Relief" to human suffering, and taken
with the "Water Of Life" like old wine
Opimiam Edlcrnian renew the san.
glline currents of YOUTH BOnum uiaum
anguiacm bOnum jccit-Speers Ad. Col,
Chum. Vol. v'No. co.,
"Ou drltmd pic rrii .fiHi oIIIic
RJti Il dr ebm IL"
BoCAC DECEM.
The wise act referred to, Your Honor,
is the granting Of this injunction-an net
Of which he may be justly prOud--a see.
ond magma charta-wrcsted, as il werc,
from Il second JOhn-a rex JacObus-whO,
but for this impedimcntum-this slight
cst0ppcl, would grind down the noses Of
the poor and trnmple upon the rights Of
n free constituency. But, ah Your
Honor, pocnd prcnsit cdmiam, We have
him L.! In thGemphatic language Of GaIcn
CcrpO,itionem posicrioris' Clansa xn. We
have him per mibRicm. We have him
Your Honor, per Cdpm Fl CdmiOm And
for why2 Why, Sir, Your Honor, under
most nefarious act Of the Legislature,
(ScMdis in Curim remit, d mii
drcrnwl) this Jupiter, this Bloyian,
iapcraior imperium, proposes to move
from the city Of Charleston the archives
i. c. the pen.wipers, instands, slop.pails
aud waste.baskets Of the State, the rolls,
the Hoy Lawl and all, Your Honor, to the
city Of Wheeling, (urbcm sCnCctutem silO
in Pan.handellum hypcrbOrinm-llcrod
clio p. GO) to the eternal damage and de.
probation OF my clients town.lOts (dccr
ct urcs) Now, Your Honor, il is proposed
by this injunction to stay this ruthless
hand-(pugnarc pugndm-CNesnr's Com
Lib prim-Spc. l-) mud by the prinCi.
pies Of the common law (ier hliOnisl We
claim the right to hold and maintain the
archives aforesaid-ad Gacm tcmporum.
This principle is elnbOrately discuss.
ell in / Geo. p. 30 leo rs. A'inw
also referred to in 3 Ark p 20.
Taurus ~. lfAscd-and il conclusive
ly settlcdin 8 n. J. p. 50. IiAuoiO rs. Lp
rus, and is cverlastingly fixed in 2 H. |.
p. 80. Clam rs. Cnccr. And well, Your.
Honor, we may pause and exclaim, Ga.
mari.
And now, Your Honor, ii Is claimed by
opposing counsel (in roceriS Johcnne')
that this court has no jurisdiction?
q rim mdrimd .crrOriI Adj mu'cdi men ne
perplctcraH [ Asch. Prem. Vino: 10 rs.Argls)
Was ever more prcpOstcrOIis claim as
serted? They say that these departments
Of Government are coordinate. CO.ordi.
mattel your lIonorl (CO.Oriiadium c&Se
ddnndtuDI-2O Cal. p.G0 Lupus vs. AgnuS)
Ergo, you cant sue the Governors
johannes .Sum;) Ergo, you cant sue
the State, (rspublicd CS, non postum slci
ncc para ror-Apl Asinus auratus p. g.
We admit, Your Honor, that
this can not he done Under some
circumstances (nunc rides cl nanc
non ridic'-iltdrtidi) (NOn ab homini po.
hsiR jWiicag-Iiulln Ioncfacias viii-bo-
mum sunctum). That is to say, II the net
be POLITICAL (Cranch 4.5) butt bnt!l
bntl!! Your Honor, ministerial act can
be restrained (Biblio Sdcrd liJ. Josh,
Chap. 4-5, G.2O). When phpton drove
the Chariot Of the Su(o)n, his father
being absent, his act, or driving, be.
ing ministerial, did not Joshua, Captain
the Host Of Israel, command the
stand still, and didn't he do It?
(SoI stat.) This is the first injunction
Of record, and consequently is the great
precedent Yon have jurisdiction, Your
Honor. This ia admitted by all antllOri.
ty from Josh to Evermont.
With these brief authorities and re.
marks we rest, plcnus ira inoprdiions, mis.
errc cirium, inorum legibm non sdii4fdc.
cdmm. Hropuiius, de clectionem.