Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1865-10-26
Cant. Andrews Speech.

Can't. r. w. ANDREWS. lately Of the United
States army. aud now Of Martinsburg all
dressed large and attentive meeting Of the CT
tizens Of this County at +" Jefferson Han, On
Tuesday afternoon last, IN an effective and tel
ling speech Of nearly two hours length II
which Radicalismrcccivedso some Ucrciless blows
from a trcnchant blade.
The CAPTAIN discussed with great ability, the
invaEdity Of the Act Of February 25th, 1861,
prescribing an odi0us test oath TO the voter, and
exhibited the base and unworthy purpose which
it was intended 20 subserve. He not only DEM
onstratei It's uuconstitutionalisy but fully con-
victed IFS contriyers Of the knowledge Of the
fact. by showing their unwilhngness to rely
upon the law which they have enacted. For,
whilst they claim its legality, and deny its IN
fringemcnt Of any provision Of the Constitution,
with which, however, the speaker said it was
in direct conflict they proposed to embody all
its essential features in an amendment of the
Constitution which they have submitted to
vote Of the people at the ensuing election.
If the act Of 1865 is binding, why seek, said
the Captain, to incorporate it in the organic
law Of the State2 The fact was, he said, the
engineers Of the vile thing through the Lcgisla-
ture Of West Virginia, knew that the only mode
by which their object could be efIectually &C
compGshed was by DISTINGUISHING large ma
iority Of the intelligent, conservative citizens Of
the State by the act Of 1865, and then, through
amiserable, plant minOrity-who alone would,
under the provisions of that act, have access to
the polls-they designed to fasten their lOathe-
some scheme upon the people Of the State by a
permanent, Constitutional enactment.
To defeat this project, however, he cOunseu-
ed the Inspectors of Elections that it was their
duty to examine the law, for themselves, and
pronounce upon it judicially. They are proper
" the Judges Of it, and they are. bound, in the
absence of any Interpretation Of it by a court
of superior and competent jurisdiction, to inter-
pref it, under the solemn obligations Of their
oaths. for hemselres. In this connection, he
adverted TO the opinion of Mr.. Attorney Gene
raj L. B. Hail. who a candidate for the Judge
ship OF the 10th Judicial Circuit, and to the
very extraordinary and superseryiceable Circu-
lar of Governor Foreman, addressed from the
Executive Department" to ''the Supervisors
and Inspectors of Elections" in which, the for
mer Of those high functionaries sustains the
constitutionahty Of the act of 25th of February,
and the latter prOmulges the very remarkable
theory that ''the Attorney General, under the
law. is the legal interpreter and advisor for the
people of the State; and until the interpreter
ton of law by the Judiciary, that of the At
torney General is to be taken as guide for the
action of the officers executing it, and as he
had determined the test oath to be constitutions
al, hence, that whenever a person offering TO
vote is challenged, for the cause contemplated
10y the law Of February 25th, 1865, it is their
THE Inspector'sl duty to require of him the pro-
duction Of the affidavit therein prescribed, be-
fore permitting him to vote" The speaker
thought that if the proper reflection had been
vouchsaied the subject by his Excellency, he
would have discovered that the very Judicial
authority to which he refers would have been
found in theSupervisors and Inspectors Of Elec-
tions themselves, and that the instructions
which his circular contains might, perchance
be regarded as an understandable and some
what meddlesOme interference with the duties
Of officers, whose powers and responsibilities
are clearly defined by the law.
Under a decision Of the Supreme Court of
the L. S. the supervisors or commissioners Of
elections are pronounced to be the judges Of
the laws under which elections are held
They constitute, for that purpose, a Court Of
original jurisdiction, and their decisions are
raid and binding until reversed-not by an
Attorney General, who has no judicial power
but by Court Of superior appellate jurisdic-
ton.
Capt. Andrews urged all to attend the polls
on the 26th inst, and offer their ballots to the
Inspectors who are bound, under the Constiu-
ton of the State, to receive and record them.
assuring the voters. that every rejected ballot
should hereafter be scrutanised aud counted,
whenever the &c test oath should be prououn-
ced, as he had every confidence it would be-
unconstitutional
He closed by some well-tmed remarks upon
the duty Of cultivating fraternal feelings by
those who have so recently stood, in hostile ar
ray, upon the bloody and "perilous edge of bat
tie but who now, by the determination Of an
overuling Providence, are decreed to be the
member. Of one household and partakers of
common destiny.