Year: 1872

Il


The question whether those who at
tempt to exercise Official power are enti.
tied to do 80 Is one oI the last Importance
10 the community. Il rests mainly on the
legality Of their election. Your CORES
pondent "Legitimlst," affirms that the
election Of county and State officers chosen
In this State In August last was illegal,
and you endorse his position editorially In
your issue Of the 25th inst You both
agree that the Constitution and schedule
were adopted by the people on the 22d Of
August last I think you make q fatal
mistake when you call the Constitution
the work Of the Convention, and the elec.
ton Of officers In August an election or.
dered by the Convention. The Constitu.
ton and schedule were the work Of the
Convention, representing as It did in q
certain degree the sovereignty Of the peo.
pie until the 22d Of August last, when, be.
ing on that day adopted by the people Of
West Virginia, they both became their
work. Subject TO the constitution OF the
United States and the laws and treaties
made In pursuance thereof, the constitu.
tion and schedule on that day adopted
became the supreme law Of the State OF
West Virginia. The Governors procla.
nation is In no sense necessary to make
It such, but Is only o notification of the
fact to the people. The convention did
not transcend its powers. No former
convention or legislature, no power but
the constitution Of the United States and
laws and treaties made In pursuance Of II
could limit Its authority when ratified by
the people. Subject TO the foregoing
limitations: leach State must Judge for It
self what provisions shall be inserted
In Its constitution, how the powers Of
government shall be apportioned in Or
der to their proper exercise, what pro-
lection shall be thrown aronnd the
personor property Of the citizen,
and to what extent private rights shall
be required to yield to the public
good, and the courts would be precluded
from inquiring into the justness Of their
action or questioning its validity, unless
they should be able to show collision at
some point between the instrument thus
formed and the Constitution of the
United States"-CoOley8 Const., Lin. p. 80
81. The Supreme Court OF New York
has, II possible, been more emphatic on
this point. "The Convention was not
obliged like the legislative bodies to look
carefully to the preservation Of vested
rights. 1t was competent to deal subject
to ratification by the people and to the
Constitution Of the Federal Government
with all private and social rights, and
with all the existing lawsand institutions
Of the State. II the Convention had SO
wllled and the people had concurred all
former charters and grants might have
been annihilated. When, therefore, we
are seeking for the true construction OF a
constitutional provision we are constantly
to bear in mind that it's authors WorG
not ereeuting delegated authority limited b,
other constitutional restraints, but are To
look upon them as the founders of q State,
intent only upon establishing such princi.
pies as seemed best calculated to produce
good government and promote the public
happiness at the expense Of any and all
existing institutions which might stand
in their way"-21 N. Y. Reports, p. 8.
From these. high authorities 1t would
seem much easier to enumerate those
things which a State may not do, than
those which it may do. The people oI
this State adopted the Constitution and
schedule recommended by the Conven.
ton, and in doing so elected the officers
therein provided, and instead of having
two or more "bitter controversies" and
expensive elections" we have had but
one, so you will perceive we have no
difficulties" no Compilations" but all
is smooth and finished. / do not refer to
the Congressional elections at this time,
which may depend on other considera'
tions. r.