The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-07-04
yesib Of sbnaShr wickeaand fratSbal
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it than in writing letter to you. But /.
really don't know on what itshall
be. Shall it be Of the past? wish the
last four years blotted out of my memory
forever Shall it be of the future} Rath'
or, bnt the subject is too grave and mo-
mentous. By the way, I remember You
once mingled in politics, were : Demo
crat of the old school, and even iabored
with thoughts intent for the interests of
your country. This consideration will
enable me to direct my thoughts, though
desultory they may be. -~s.., .sl % =
Now as civil war is over. / am glad to
see returned to their homes so many of
the soldiers who have been engaged in
the martial hosts. There is one thing l
perceive, which is worthy of remark
They all look well and more manly than
before; certain rim and force OF charac-
ter seems to have been stamped upon
their countenances during the late con-
flict; they have come ont Of the struggle
as gold does from the crucible Of the re-
finer. Whata severe school it has been;
but sadder still would it be, if no good
could arise from it The war was alike
mysterious to me in its beginning and
its conclusion, but we must not marvel
that we can't comprehend it, when we
reflect that it is a mere link in the great
chain that extends through the lapse OF
ages. In the above remark I refer to the
soldiers of either army. But am sorry
to see q disposition on the part of many
of the Southern sympathizers to leave the
country, not that they desire to do So,
not that they dislike the old flag, not
that their renewed energies couldn't be
devoted with all their hearts to the best
interests of their country, but because
they feel themselves DISTINGUISHED by the
laws of their State. refer to the depri-
walton of voting by reason of the oath re-
auired of voters by the last Legislature.
After they have grounded their arms, and
after the amnesty of the President, it is
rather cruel to have one of the severest
punishments, of which the law is capa-
BILE, Inflicted on them, a. lc5 s-l,
The deprivation of that right of citizen
ship amounts to a living degradation and
seems to me unwise, unstatesmanlike
and highly baneful to, the State. The
State has no men to loose, but especially
of this the best material for good citi-
zenship, public usefulness and social, adj
vancementt 4 have been trying to- Con-
sole them by surprising it TO have been
mere war policy, and that now as the
war is over, the State would follow
the wise example of her. mother, the Old
Dominion, and repeal all snch laws. But
am happy to find on examination of the
Constitution of the State, the Act of As
sembly is clearly unconstitutional aud
void and though it remains on the statute
book as bugbear, is mot worth the pa
per it is printed on. -rf.iiatL
The Constitution in Article 3, Section
/, provides that all the White male citi-
zens of the State, of one years residence
in the State and thirty days in the Conn
ty, shall be entitled TO vote, except per-
sons who are minors, or of unsound mind
or conricted of certain offences" No Act
Of Assembly, can add to or take from the
exceptions Bat the 5th Section OF said
Article, provides 'that every citizen may
in time of ,oar ihsmreetion or public dang
er, be required by law to make oath that
he will support the Constitution of the
United States and of this State, upon
pain of suspension' Of lis right of voting
and holding Office =, La..,,..'- -
Now it is an established rule of legal
construction, approved by common sense
and prevailing in all ages and all conn
| tries "that the expression of one thing is
| t1uon ouu,urutrprsn r,fli,vtII ,sHs4app
exceptions it excludes the idea of any
other; when it provides that particular
oath may be- required, it excludes the
power to put any other oaths, when 1t
says an oath may be required of q voter
in time of tcat.; it excludes the idea
of its being exacted in a time of profound
peace. These propositions arc. Just as
true as that when the Constitution en-
dows u trhite citizen with vote it ey-
cludes necessarilya pegro, mulatto Gran
Indian from votiRgi / have no doubt in
pronOuncing the Act of Assembly to be
utterly void in law on the ground above
stated.
There is another ground, upon which
this act ofAssembly must fall. Tie ION.
stitution, Art. 2, Sec. l, provides t'nat ono
&c post facto law shall he passed" Now
the act of Assembly in or.eSi;on in ofect
attempts to punish, b., the severe renal
ty of disfranchiss' ,neHt.an those who
were engaged m the late rebellion &c
Il those -, aiSo DIS suile WouiuI conSsi u'
II. Inose who even furnish their children
WIN clothes, or meal to some half
se' .fved soldier The oath is entirely
lretrospective--it refers to facts OF deeds
past, in truth in its terms it applies to
events and acts which took place before
the State of West Virginia had IN ex-
istence-hov then could they be offences
to her-she being bantling of the re-
bellion itself The date of the act is
Feb. 25, 1865, when the State was not
two years Old and applies to facts that
run back to the year 1860. If this law
be not beyond the power of the Legisla-
ture don't know the use of Constitu-
| tions or the meaning Of an, er post tdcto
law, The act of Assembly being against
| the Constitution it becomes the solemn
duty of every man who has himself taken
an oath to support that Constitution, if
called upon to act under it as Judge of
elections, Justice, or in whatever capaci-
| ty he is called on to act under it, to keep
| his own oath to the Constitution by pro-
nouncing this act of Assembly unconsti-
tutional and void, if he believes it to be
so, at least until some higher power,
having the power to control him by
mandamus, &c, or the Supreme Court of
the State has had an opportunity to act
Il opd dacida nfheryyisa. and cyan than II