Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-03

tho legislative body resides in that section Of
the State now affected; and from what we havo
seen heretofore, we may safely conclude that
the very men who have been instrumental in
bringing about this state OF affairs there, and
who are now members Of the pretended Legis-
lature which sat in Wheeling, may be return
ed to the Legislature of Virginia. | am not
willing to trust them in this matter. de-
sire to disfrsnchse those, and only those,
who hold Office in opposition to this State, and
those who have taken up arms against the
State and tho Southern Confederacy. To all
others, / may, perhaps, be willing to grant
general amnesty hereafter; or | may be willing
to leave them to BE- dealt with by our Courts
Of justice, and if found guilty Of treason, they
will, of course, be disiIanchised.
trust the Convention will vote down the
amendment of the gentleman from Wctze!,
and adopt that which have submitted
Mr.. KENT was about TO call the attention
of the Convention to the fact that the existing
law of the land already provides for the dis
| franchisement Of any citizen who is guilty OF
treason. Now, tho taking up Of arms agRinat
the State Of Virgins, whether it be under the
bogus government ar Wheeling or upon the
shores Of the Potomac, is equally an act Of
treason against the Stste, and conviction of
| that EfeIce Soiare court would involve oil
and more than tho penalty which tie gontls-
man frcm Barbour (Mr WooDs) aims to inhict
upon the traitors in North. western Virginia
! But there is another objection to this amend
ment If you leave it 10 the commissioners
of elections to enquire into the fact OF ones
guilt III Tho particulars referred 70 n the
a,neiil, -,r;.', great ipjuatice might be wrought
nct .:!: y TO the party who offers to vote, but
to the State, because he would be placed upon
trial without giving him an opportunity of
properly defending himself and you would
have the force of elections destroyed by trials
that would be continually occurring before the
c. mmissieners. In other words, you would
make the commissioners the Judiciary of the
country for the purpose Of trying psrties for
! treason.
trust the Convention will not adopt the
amendment.
Mr.. BoULlpIS.-I would call the attention
of the Convention TO the fact that on the 9th
OF Juns last the Convention adopted this or
dinauce:
"Be il ordained, That any citizen Of Virginia
holding ofiice under the Government OF the
United States after the lst OF August shall oe
forever tsEishe6 from this State, and is de-
clared an alien enemy, and shall be e. consid-
! cred in all the courts Of Virginia"
do not know that fully spprehead that
portion of the gsntlsmau's proposition ~hich
| refers to persons holding Office.
Mr. ScorT, OF Eauquier.-i do not think this
amendment or substitute ought 10 pass. A
portion OF the people Of this Commonwealth
have withdrawn themselves from the ju-isdie-
tion Of the State. Il they maintain the posi-
ton ~hich th=y hsve ASSUMED, they will never
! hereafter BE- brought under the authority of
! this State. II they fail, snd they return as
subjects to our authority, tncy will be dealt
with either according to she terms Of treaty
of peace or according to the laws Of the land.
Uneuestionably, if we succeed in Re .eStab-
lishins our authority over .hern they will come
under the penalties denounced by the law
| against treason, and they may be safely left to
be dealt with oy the courts Of the country,
| whose province it is to enforce the law. The
proposition mere is to incorporate in the Con-
stitution, as part Of the qualification Of the
right of suffrage, what seems to me to be more
appropriately the province Of the lsw. If these
people are guilty Of otf.nces against the State;
| il they are guilty OF offences that deserve pun
ishment, leave i: 10 the law to deal with them;
leave it to the courts and juries of the country.
| Do not attempt 10 convert the Constitution,
| or 1t least THAI part OF it which relates to the
right of suffrage, into o law Of pains and
penalties. How is this provision to be carried
into etfectf An individual presents himself
at the polls to vote. He is charged with coming
under this proposed qualification. In other
words, he is charged with being traitor; With
having committed treason. How is it to be
| inquired into by the commissioners Of cleo
tions! Upon what evidence is the inquiry to
proceeds / think gentlemen must perceive
that this provision is out OF place; that it be-
longs 10 your penal code and that the case Of
| every offender contemplated by the amend
ment is already provided for in your penal
| code.
do not see that it is german to the bust
ness that we hs7e under consideration.
cannot conceive the proprietv Of converting
Commissioners into Courts of Judcsture; to
make them take the place Of judges and juries,
and to convert the Constitution, in this matter
Of the regulation Of the right Of suffrage, into
bill of psins and penalties.
trust thst neither the amendment nor the
amendment to the amendment will DO sanction
CO by the Convention.
The question was ther taken on the amend
nent to the amendment and it wss rejected.
Tine question then recurred upon the origi-
nal amendment. offered by hr. Woops, and it
was decided in the negative
Mr.. NELsoN.-L desire to offer the following
amendment to the FIRST section, to come in q!
the close OF that section:
''Or who has not been naturslized citizen
of some one of the Confederate States for twelve
years next preceding the election"
hear it said around me that that question
has been already decided. think if the House
will reflect for moment, it will see that it has
not been decided. AS indicated before, cir,
l would prefer much longer term, but Offer
this as a sort OF comprsmise.
1t is known to the House that the Contede-
rate Congress has ss yet fixed no term tor
naturalization, and have no doubt that. the
action of Congress will ba 20 some measure
governed by the term fixed by this State.
have always thought that there had been
no principle moro fixed under the ola United
States Constitution than that n State had
right to regulate the system Of franchise; and
I WAS surprised to hear gentlemen OF the strict
Ststs rights sect advance such doctrines as /
heard yesterday. l have always supposed
that the article in the United States Constitu-
ton, of which the article in the Confederate
States Constitution is copy, gives to citizens
of one Stats the rights Of citizens OF other
States, referred to civil rights. and not politi.
cal rights. thought it vas fixed and de-
cided principle that every stgts had right to
regulate It's own franchise.
If / understood tho argument Of the gentle
man from Hcnrico fMr. f0Usa) on yesterday,
he took the ground that because the Contede-
rate States Constitution says that ''the electors
in each State shall be citizsns Of the Coniede-
rate States" therefore all citizens Of the Con-
federste States would have right to vote here,
no matter what qualification We fix for the
right of franchise. Sir, if the gentlemsn's at.
gument is correct, every man who arrived at
the age Of II would haves right to vote in
Virginia The gentleman seems to have over
looked the next qualification, which gives to
~ St.4. 70 ~; &l,e mr. lEi