Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1875-05-04
THE GOVERNOR ON TIE CAPITAL
INJUNCTION.


eminent temporarily to Wheeling because. in
their opinion, the Law on the subject, was re-
gasded as unconstitutional. lie tells them
that their protest seems to rest upon the idea
that unless he shall proceed to execute the
law, it would be imperative but that such
is far from the fact. The Law goes into effect
when the time arrives when. by it, Wheeling
becomes the Capital. This will be the case
whether the Governor removes there or NOT,
or whether proper accommodations are pro-
vi1ed or not, for says he, "The removal of
the public property, and the preparation of
accommodations for the officers of the Gov
ernment, are mere incidents to, or sequences
Of the main fact declared by the Legislature.
The place where the seat of government may
be, is determined neither by the place where 4
the public records and other public property
may be, nor by the question where the public
buildings may be, but by the express dec!a>
r:tton of the Legislature"
The Governor then goes on to discuss the
question, .'But is it true that it Cthe act) is
unconstitutional He here takes up the
arguments in the affirmative, and answers
them one By one. In reply to the assertion
that it IL, because the title and the act itself
are in coufict-the one providing for tenn
Porary removal, and the other for a perma-
uent one-he says First, That under the
present Constitution, it is provided that the
object of an act shall be expressed in the bill.
and ''it any object shall be embraced in an
act, which is not so expressed, the act shall be
void only as TO SO much thereof as shall not be
50 expressed" and hence if the act expresses
more than the title, it shall be simply void to
that extent. no more, nor less, and this, of
course, does not render it unconstitutional
Second, That as it is asufHeient compliance
with the requirements of the Constitution,
that the title shah state the general object of
the act, and that since the general object was
only to remove the capital to Wheeling, and
this 'cds stated. that the word Temporary" is
a mere surPlusage, and the general object of
the act remains the same, whether it Is used
or not. Third, he asks. "but is it fact that
there is a conflict at all hctween the title and
the act?" Tie thinks not, because while the
title contains the word temporarily" the
body OF the act says, ''until otherwise pro-
vided By law" which expression is of itself
indicative Of the fact that the Legislature
would still have the right to pass another law
on the subject, aud this power makes the act
express sufficient degree of Temperatures to
place it in the same category as the title, and
SO prevent any conflict
The mex: objection to the constitutionality
of the act, viz: that the Legislature had no
right to make a temporary location, is an
Ewered By stating that the constitution says
1.-The capital shall be at Charleston mil 9th
ero0ise proe:idsd by Ian" thus giving the Leg
istataTe authority tic legislate upon it.
Next, that it is unconstitutional because no
appropriation has been made tor carrying it
iato efset. is not supported, because 'there
are many laws requiring duties to be performed
which contain in themselves no appropriation
OF money TO execute them" yet On this ac>
count are not unconstitutional. That most of
the items of the general appropriation act ere
inserted with just such cases in view.
The Governor then goes on to say that, on
tie point of presenting the questions involved
to the Courts Of determination, he can ONLY
lay do1n certain grave principles which
ought to govern such a matter. These are
that the Legislative, Executive and Judiciary
branches of the government are entirely sep
arate and distinct; that the consent to sub
ordinate any one to the other would be COM
plete subverssl of the basis principles OF: our
government, and should not be thought of
that coach department must be the judge of
the constitutionalty of its own action, and
cannot divide the responsibility with Others" |
And further, that it is anomalous for court |
to attempt to pass upon the naked constitu-
tionaiify of a law before any act is done IN
der thar law. The last objection raised to the |
execution Of the law that, if unconstitu-
tional and void it would work disaster, in that
al Official acts performed in Wheeling would
be Illegal, is answered By another question.
''if it should turn out rot to be uncoustita-
t!onal," would not the same disastrous effect
flow from an attempt to discharge official du>
ties 10 Charleston
The Governor concludes as follows:
rs not obedience to the law the only course
for an executive officer to pursue in this case
With my views upon this question, 1 could not
even justify my refusal to execute the law by
the claims that the Act is unconstitutional And
as members of profession who are trained to
to the highest respect for the Constitution
and Laws of the land, know you will notex>
pecs me to fall short of my constitutional OBJ
legations, however much VIC may differ in
opinion"
The Wheeling Register, from which We
eondense the above. concludes that the Gov
ernor's arguments are uuanswerablc, and pre-
, A.. L-o.r.o- A. ;:...; -