The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-03-15
The Amendment TO the State
Constitution.


who seem 10 hare taken upon themselves the
guardianship ef the isl,eres.s Of those Of their
'frieuls who are ar: Or have been in rebellion
against tie coree:unleht, whether the amend
met. p3asci W our las, Legislature, prohibit.
ing such persons from voting be Constitution.
Il. 1adeed, We will not say that such doubt
Was limited to the "Conserrn.ScS" and open
.ympa,hizcrs; We. &e were Surprised 10 see
the able et.:t3t o: the Clarksburg Telegraph
Upon who-c sound judgment We had been dis
posed to place much reliance, oppose the above
:ncnsurc 20 earnestly and at-such length in
She article which Vas cofsicd into the Rrpul.
''ican Of laFt week. We fear he has committed
:hs came faul, which lie attributes to thc Leg
Jsla:rsH. and Eas acted hshiy, or at least
wi,hou, due con.idefa,ior y ali the arsn.
mcnts for, anil iallary Of many, il not ino>l Of
his arguments again" the said amendment.
We have taken some pains to examine into
!hc o5jeciionS *'rc,l and though We profess
NJ "sn:~!elsc o: tie law" still ro>n,":,N
stS:: uhtrr<,antin: Of the ease, induces US to
believe chat &c measure is not only Cons,;tn-
.ional, but absolutely -ef:a-t,!, both in justice
10 or citizens wis haze remained loyal
Throughout, all the trials and peraecaticus b:
the war and our noble dead who have been
Sacrificed ''y the hands "f these demons. and
ns IN 'I.:m! forever trreanc: Is ;li5.c who
shall assume 70 overthrow our Government.
lie Amendmen, which was passed by the
Legislature reads ny follows:
."Sn person who has given or shall Give
voluntary all or assistance to the rebellion
against the United S..a,c., $hai, u. n citizen
'Hf'his Stare, ~ :Nall Sc allowed 70 vote ar
any election held therein, unless he lIns vol.
untcercl into the military or naval service OF
the United States. and has been humorabiy
discharged therefron.'
,. Ancr citing the lSt section Of our State
Eon5li;G:c":H, ~ shO% tina, "lhe Constitution
Of the United St&sca, And the laws and treat
les made in rurua,icr hicreof, are the SUI
nretic law OF the lnnd, az they Should and
must &c, The I"t-gr"ph present the following.
sr>mi"giy conclusive objections to the Amend.
,nen', being extracts from TIC Constitution of
the State and Of the United States. We say
't'm"g, because when thoroughly examined We
"e!ieTe that none OF them nrc rcprsnun, to
the aincI:SMeut. From the State Cons,i,u.
ton
lst. mo bill Of at,aindcr, rI post f,-to law.
3r law impairins the obligations ot contract,
shall be passed.
-. "Thc trial Of crimes and msdcmcauors,
1s"'''' h'Ttm "'h''"i' prVriRcd, shall be by
jury"
81. +" Treason against thu sra,c shall con.
f.@i city II levyins war against it, or adhcr.
ing to its enemies, giving lhcm aid and com.
thrt. No person shall be convicted OF treason
CMlc>s on The ttetinouy Of two witnesses to
the same overt act or on confession in open
court. Treason shall be punished accorNiT'ng
TO the character Of the acts committed. by the
in'liction Of one or more OF the penalties OF
death, imprison roent, fine or confsca,ion OF the
real Or personal prEpcr'y'of the offender, ny
:Eay be prescribed by law
And lastly from the Constitution Of the
United StnteS:-
"The trial Of all crimes, except in cases Of
impeachment, shall be by jury"
Now, according Is The definitions which We
have been able 10 End, this Amendment is
not "bill Of a,ta:nder;' for tina, measure is
" An act Of the Legislature which iutlicts the
p1aIhmrm Of 9roM upon persons supposed to
&C guilty Of great offences without trial Ind
before judicial tribunal according to law
The second objection is no oiy,ctios d. al, for
It ESes not APPLY 70 the case, as the Amend.
?sen. docs not propose any trial whatever.
And because the State Constitution has not
already provided for tho disrranchiStticnt Of
traitors is no reason why it cannot do so, FIR,
i, Is in no way prohibited. We might just az
we'll say that bccausc slavery has not been
abolished before, therefore it ought not to be
abolished uowl
And likewise the citation from the Consti-
:t'iOn of the United States is Snarplicuble, as
there is no proposition in the amendment to
TRY any crime bu. it simply assumes to
gay who shall and who shall not enjoy the :
elective franchise in the State Of West Vir.
gini", which every State has perfect right
to do. Indeed, this right Of the State to de.
rerminc for Itself TkS s!ail DO electors Within
it's domain. has Sc"cr been denied by any
thing in the Constitution or acts Of Congress, !
bur Ca the ccn:rS:y has been distinctly reecc. !
nized. In the Amnesty proclamation itself
(which, by the way, in granting a" full par
dom to such Of tho insurgents as shall take
and enbscribc an oath and keep it, specifies.
among other things, "thc restoration Of al
rights Of property, except MS to slaves" &C., !
bu, does not include tho restoration of fran.
ehisc), is expressly provided that, in the
reorganization Of the rebel States, which are