Washington telegraph., 1865-07-26

STATE GoyERHMENT.-There is growing
sentiment ia favor of the adoption of the exist
ing State Constitution. The opposition to il
arises mainly now, we think, from what, with
due respect, we must call the absurd attempt Of
the Legislature TO limit the elective franchise
by the test oath of 1861. Ii this act were valid
every southern man who has taken, or intends
| to take the oath OF amnesty, would be bound 10y
his honor and selfrespsct, to advocate the con
tinued rejection of the present constitution, and
she appointment of a Military Governor, 70: re
organization upon the principles laid down by
Pr, sident Johnson foi the States of the South
beyond the Mississippi.
WE would feign do the present State Consti
tuition the service Of removing this objection by
insisting that this prescribed test oath is wholly
void, and cannot deprive, beyond the FIRST elec
ton III which ii may BE- tested, any citizen who
has taken the oath Of amnesty; of his full, free
and equal right Of suffrage, for all any Office
eleehve by the people. lsFa
This matter amongst the people requires
closer thought than they seem, many of them,
to have given it, They confound and mix up
in their minds this little spurious Stat -naitor,
with the Amnesty cath. which is National, to
the iufiuite detriment OF both National and State
Governments.
We have mt with intelligent gentlemen Gun
other respects who had refused to take the cath
Of amnesty, because they thought it included
the necessity OF taking the test oath also Thus
it is that this hasty and illadvised act, like
some foreign matter in the flesh, testers in v
direction. and will not permit any healthy ac-
ton until eradicsted-not only retarding the
speedy AMI harmonious establishment of Stat,
Government al home. but actually aui potcn-
TALLY clogging the return OF our people to thei
National allegiance.
In brief the case stands thus: Whoever
takes th- amnesty oath is thereby restored to
all his rights rs a citizen Of the United States,
Federal Government can inter fere with those
rights. The elective franchise Is not touched
by this at all. That from the beginning,
and still, Under the Constitution of the United
States, belongs to the separate States
This elective franchise has been determined
by the present State Constitution, which says
that "every free whi,e male citizen Of the United
States, who shall have attained the age of 2l
years, and who shall have been a citizen Of this
State six months, next preceding the election
shall be deemed qualified elector K" There
il no exceptions; save rs to soldiers of the regu-
lar army and navy, in time OF peace.
Being thus entitled to vote in State elections,
he necessarily is entitled also to vote in all
Federal elections.
There is nOp!ainer proposition in Euclid. But
here GENES in this pestiferous test oath i'll our
State Legislature, setting itself over ;he amnos-
ty proclamation, and its own constitution. We
believe it wholly null and void Our State
courts organized under the same constitution
oaznet sustain it, for the judges have sworn to
support that constitution. Whatever their feel
ings may be, they occupy too prominent posi-
ton to trihe with their regulations. But we
do not doubt their disposition to do their duty
Judicial corruption IS ihe raTest Of all-almost
unknown amongst Us.
We are curious to see an argument in support
Of the validity of the test oath OF the State. We
proffer cur columns to any Judge or attorney
who is willing to risk It's reputation, over his
swn signature, gpcn that question. We only
require that he express himself to bo il earnest,
aud not merely arguing .!e, as an attorney in
duty often must.