The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1886-07-29
The Usurpation Of the
Kannedy-Ca de Legis-
lature Exposed.
AN ARGUMENT ON AN APPEAL
FROM A PARTIsAN COURT TO
j.. THE TRIBUNE OF AN INTEL
LIGENT AND HONEST
PUBLIC.
FROM A LAWYER, A JUDGE
AND A DEMOCRAT.


considerations, then that peopl'
are prepared for governmental
j. revolution, covert or open. Law
eminating from grossly dishones
men will not be reverenced O
3 obeyed.- The horse thief is un
willing 10 be punished by tn,
peUurer, the murderer by tht
burglar or the vagrant by tht
: petty thief. All classes of mel
demand that crime be defined
and its punishment-measured b.
men of character and conscience
One who is not entitled TO self
respect will not. when known, be
respected. This law is writer
upon the human heart and judg
ment, and no human power car
repeal it.
So much as a prelude to the
acts of II Senators and 3 Supreme
Judges.
Every legislative and judiciaI
officer of the State, with others, is
required when entering upon his
Office TO take an oath TO support
the Constitution of The State oi
Ohio, and not without this oath
can he become legislator or Judge
As long as that oath is remem
bered by the person taking it, il
is binding ON his conscience in
his official duties; no one forgets
During the last session of ..oul
legislature, majority Of the Sen
ators left their seats and their
duty, and went into another
State, for the known purpose OF
depriving the Senate of constitu-
tional power 10 transact general
legislative business.
Whether these acts of the ma
jorlty were proper or improper,
innocent or criminal, l do not
propose now to discuss. Much
could be said against them, much
in extenuation. By the plain
! mandatory language of the Con-
stitution, the minority could do
nothing but adjourn from day to
day and use the means, the con-
stitution and the laws prescribe
to compel the attendance of the
absent Senators Every man of
that minority was under an oath,
fresh upon his memory, and warm
in his heart. that he would sup
port, that he would not violate.
that constitution which created
him as a Senator. Every man OF
the II then knew that if he and
his confederates enacted general
legislation, he violated the con-
stitution and his official oath he
knew, TOO, that such legislation
was and ever would be void (; he
knew, too, that one or more of
the courts must be prostituted to
give it the semblance of validity.
vet those II, in the face of the
constitution, their oaths and their
duty, did usurp power, in form
enact laws, and assume to be
legal body clothed with full leg
islalive powers. 1t is said the
Supreme Court sustained their
action. This is not strictly true !;
but the Republican majority of
that Court held that it did not
know. and would not know
would not permit itself TO be in
formed that only II Senators as
sumed against the constitution,
10 be the Senate for all purposes.
To what extent is the minority
released by this means2 The
Supreme Court does not say the
Senators did not violate their
eaths and the constitution; il
only says it will not be informed
of or know their crimes. 1t says.
and therein, in my judgment, il
falsifies the law, there is no means
given under heaven. whereby it
can be informed or made TO know
of the crime. Every one, except
3 members of the Supreme Court,
and this exception IS only cour-
tesy, knows the crime was COM
mitted-that every one of the
Senators committed. if not legal.
unquestionable, moral perjury i
that every one IF them purposely
infracted The constitution, by do
ing that which was forbidden to
them. by usurplng that which was
denied TO than. If one commit
crime and is acquitted by ju-
ry, he Is none The less criminal.
An acquiltal or pardon may
take off the legal consequences
Of the crime, bat The crime itself
remains. Ii is no more in The
power Of man to take away the
crime than it was of old 10 re-
move the mark from Gains fore |
head. Can The people, can any |
party, afford the violation Of the
constitution, being undenied and |
unquestionable, 10 endorse the
which violated the fun
laJ of the State. IfI
the II can violate the constitu-
ion. why may not others violate
If The Fundamental law
mag be defed by those who are