The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-04-23
The Capital Removal Question.
Governor Jacobs Answer to the
Protest Of Fourteen Charles
ton Lawyers.
It's First Appearance In Print.
CHARLESTON, March %, 1877

Government temporarily to wheeling, u
contemplated by the recent act Of the Leg
islaturc, because We (you) believe the law
is unconstitutional and void" The very
high respect entertain for your opinion
on legal questions generally, and my feel
ings Of friendship towards you personally
both demand at my hands something
more than the mere acknowledgement o
the receipt Of your communication.
Before proceeding to notice tho point
made by you, touching the alleged uncon
stitutionality Of the act Of the Legislature
must correct very grave misappre
hensiOn on your part as to the character
Of the act itseli, and Of my powers and
duties In the premises. You say that "thC
execution Of this net is confded to yon'
(me), and your protest seems to rest upon
the assumption that this act can not take
effect until | put It in form, or in other
words, that It's force and effect are made
contingent upon some official act OF mine
The mere quotation Of the first clause Of
the act will show that this is not the case,
II is as follows; "That on and after the
expiration Of ninety days from and alter
the passago Of this Act, until hereafter
otherwise provided by law, the seat Of
government Of the State Of West Virginia
shall be at the city of Wheeling" There
fore, by mere operation Of the law, with
out the performance Of any net on my
part, the seat Of government will he in
Wheeling on and after the expiration oi
ninety days from its passage. II Ia
true that the act makes It my duty 10 re.
move the books and other property, now
In the State House NJ Charleston, to the
city Of Wheeling, and also to provide
suitable accommodation there for the
Legislative, executive and judicial de-
partmentg Of the government, but II re-
insal on my part to discharge these duties
imposed on me by the Legislature would
not dCieat nor render nugatory that part
Of the law locating the seat Of govern
mcnt In the city Of Wheeling. On nnl
after ninety days from the pasSage Of the
net the seat Of government will be in the
city Ol wheeling, whether or not any ac,
comm0datioInS sha'' nave Deen Pr9Nlueu
Tor the different departments ol g0y-
property shall have been removed there.
The removal Of the public property, md
the preparation Of accommodations for
the officers oil Tie government, are mere
incidents 70 Or sequences OIL the man lacI
declared ny lhe Legislature. Inc place
where the seat ol government may NC IL
determined neither Dy inc plaGe where Ille
ph4llf records a'u olher PUBIC properly
may Dc, nor ny Me question WheEe lne
public buildings may De, Dht Oy the ex'
press declaration oil tho Legislature
therefore, relhsal OH my part 70 execute
the duties lln posed upon me ny the iesls'
latnre, wonLI not retain tne Seat Q, gGV'
erhmeht IN SnnrleStoh' Shouiu 'aKe
the responslOllIty oil refusing to obey the
act 0l tie Legislature, so lNr asst imposes
duties upon me, rs yOnr lirO|est lmPileS
u would not produce the results desired
ny youi Tue man, lie primary Glause o
the act wo,ilu remain intact nave s'
iar shown lhat whether or not Tue ael y
Constl1uuOhai, my acLloH OF noh'acslol ti.
IN thc premises cahhoI, from inc h"'"F'
Ol Ihe caSei uec!ne the p9,n!. -..-,,,.
Bnt Is IL tfIe lhaI II Is uncons.l'u
tlohalt any !. tiS I Tno u Is au!noIlheq NJ =,
70 deGlae ion say tIat y Is uhconsIlIu
nPnal, hrsI, DeGanse ,tne oDlect Of Lhe nc
IS not expressed IN lts utiei on 'ne con
fary, Ihe Iltle anu the Oony 9l sne lav
are IN uirect UNI irrecohcllao.e conn'c'
Inc tltle OF 'ne uct Is 70 noyS w, Ihe Sent 0
goVerm.,m,ens .elhporNrlIN inc noiy 0
tne pilI, y H.. u MEANS aMy'hi.vwgE, Provl"Gi
ior perIoti p.,laI .1.i";'ia a";u.o. ~ ,,, W ntes
u u setI'eu P,tnvlp'e " st"t,ut i, pon
s1rucIion ti,a' IL in PerIou oF ll",l. W ''I'
posed lot s'e ,,,,ns, Uom.,nua"ve , u IaTi "
,ecesSuty uIinUa iHIa,.a , anu ;..u u;;n",,Is ,,I,
tur w w w ~,s a%sIs'"'"F' W" B''e Per"'"
"ency I,i.,'.s .I.W GSs' ,,,.,,,., ,i,,,.o,,
..,nan,,na - n, f'a M ILL., ~ ,' "",i ~, '' H." on
cohs.ruf''om .. ."e lu .,''o Wy t,, .mc Iouy
we aC' u corLeG' 1oss II,l " H io'loM !nat vi
Wm0Ie vgno act Y YOU i. lne Oonsti'uslon i,l,
leO1 ueoInreu 'iiGI no Ivy shall EIHpFao S
more I,lah one VnlSc!, whIch shnll pe OK 't
preasea lh l1s uHe, anu your Hgumeh
seems 10 ress upon Ine assumption th9
thls y stu tRe ~ supreme law, hllts slioll
not me case' Inc language oI tne preSetl
GonStltnt,on sVary ulletoht' u Is tnis
NO aGt herealter p0ssea snaIi emorac
more tilah one opleGt "nu lhat sliall De ex
pressed III the ~. DuI IL wy oolec
snail DC embraced ~ ~ aet wnlel is h0
80 expressed, me det"an oe eo'a onty % 70
maeh mereg az @d' not 9e - expressed, |, |,
Now II ~ iacl there ~ an "irreconcilaDl
conflict between tne tue ana tlle aGt II
sell; II the title merely expresses tue o6leic
as q temporary removal, whiie the BOD.
provides ior permanent iocation, Apply
Ing the foregoing constitutional provision
as a test what iollowsT SIMPLY that A
mucll oi the act as provides ior Q perna
nent remuVa. would DC vold, ana tNat IN
removal 70 wheeling would nc merel!
temporarily, as expressed ~ Tue tltle
suppose the act hau declared ln Term
that the se@t oil government should N
permanently eSlaolished y, wheeling
whils tIie tlIle SPOKE only ol q Tempo
rafy loCatlon, the result Wou,u VOW nave Deei
the same, the loGasl9n wonlu Ge !ehlp
rary, anu - puca 'ol y ~ coNteulPlaIet
permanent lqc4llph would PC Vold, ant
that Is aI' ~ AL Cahuor uo not Se'