The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-10-02
From the Point Pleasant Register.
The Test Oath Law-Letfef from
James HI. FurRuson.

II
tinp to persons engaged in rebellion,
and the frequent nse oil my own
name in connection herewith, mas
induced me to ask place IN your paper
| for this COMMUNICATION. Inc main SUD-
iects of controversy are the law requiring
a person offering to vote, III cast he IS
challenged, to take the oath therein pre-
scribed before he is allowed to do so, and
the propOsed constitutional amendment;
both of which. it is claimed. are nncon-
stitutional The oi,l,. lions thus raised
have caused me, since my return home, 10
examine the questions with that care
and attention which / was unable to be-
STOW upon them in the hurry and hustle
of a very short session, and the result OF
that examination / now proceed to give
The provisions of the constitution pear
ing upon the right to vote are as follows:
"The citizens of the State are the clti'
zens of the United States residing there
in" Article lst, Section o.
"The white male citizens OF the State
shall he entitled TO vote at all elections
held within the election districts in
which they respectively reside; but no
person who is minor, or OF unsound
mind Or a pauper, or who Is under con-
viction of treason, felony, or bribery IN
an election, or who has not been resi-
dent of the State for one year, and oi the
county in which he offers to vote for
thirty days next preceding such offer,
shall be permitted To vote while snch
disability continues Art. 80, Sec. lst.
Every person elected or appointed to
any Office of trust, civil or military, shall,
before proceeding to exercise the author
ty OF discharge the duties OF the same,
make oath or affirmation that he will
support the Constitution OF the United
States, and the Constitution ot this
State; and every citizen of this State
NAV. i'm time of war. inSurrectiOn or pub
lie danger, be required by law to make
the like oath or affirmation, upon pain of
suspension of his right Of voting and
holding Office under this Constitutions
Art. ;, Sec. 3.
Such parts of the common law and
the laws of the State of Virginia, a. are
in force within the boundaries of the
State of West Virginia, when this Con-
Stitution goes into operation, and are not
rrpugnaut thereto, shall he and con-
tiuue the law of this State until altered
and repealed by the Legislature" Art.
II, Sec s.
To entitle a person to vote under these
provisions of the Constitution, three
things are necessary. lSt. he must be Il
citizen of the United States. 2d, he must
be Il citizen of this State, and Sd, he must
have resided in this State for one year,
and in the county in which he offers 10
vote for thirty days next preceding such
offer If he has these qualifications, and
is not under any of the disabilities men
toned in the first section of the Sd ArIi-
cle he is entitled To vote, and no act of
the Legislature can deprive him of that
right. 1t becomes necessary, therefore,
to ascertain who were citizens of that
part of the State of West Virginia inclu-
ded within the boundaries of this State
at the time our Constitution was adopt
ed, in order to determine who were made
citizens of this State by that instrument.
The I'd section of the Sd chapter of the
Code of Virginia as amended February
Sd. 1868, (see acts of 1923, page 81
provides, among other things, that ANY
citizen of this State who shall, after the
passage of thisact voluntarily levy war
against the United States. or who shall
adhere to the enemies of the same, or
give, aid and comfort, or who shall, by
writing or speaking, profess allegiance
or fidelity to the so-called Confederate
States of America, or who shall resi- st or
oppose by violence, the Government Of
Virginia as re-organized by the Conven-
ton which assembled at Wheeling on
the ilth day of June 1861, shall he con-
Sidered rs having eXpatrlated himself,
SO far as regards this State and shall
thcnccforth be deemed no citizen there
Of" 1t may be well to state here that
the Legislature of Virginia had the right
of eXpatriatiOn, which the Legislature
of West Virginia has not; in as much as
citizenship in that State was regulated
entirely by the Legislature, and not, rs
in fhis State, by the Constitution. This
act then, being in force at the time our
Constitution was adopted, and not bciug
repugnant 10 any of its provision Of
course, remained, and still remains in full
force, and the class of peSons named
therein were not made citizen, Of this
State by any provisions Of the Constitu-
ton. 1t will, think hardly bcpretended
that the intelligent and loyal men who
framed ourconstitutiGn intended To make
citizens and voters Of those who
were at that very time seeking 10y force
of arms, and by every other means in
their power, to destroy the very govern
ment under which they were acting. On
the contrary it was clearly their inten-
tion to make citizens of such persons,
only, as were loyal to the United
States, to the re organized government
of Virginia, and to this State, and to
leave all those who We're engaged in re-
bellion to regain their citizenship by re-
turning to their allegiance, and becom-
ing peaceable and law abiding citizens of
the State. But it is argued that the Leg
islature cannot pass any law requiring of
a person offering to vote any other oath
than that authorized by the 9Th section
of the Sd article of the Constitution. A
very little reflection will show the fallacy
of this argument. The reading of the
section shows the intention of its franz
ers. By its very terms it applies to citi-
zeHs having the right to rote, and not to
persons offering TO rOte. l concedc that
the Legislature cannot prescribe quail
ification for voting, not required by the
Constitution, but it would be strange,
indeed, if they had not the power to re-
quire of the person offering 10 rOie, such
oaths as might be necessary 70 determine
whether or not he had the right to do SO;
aud il was with this view, and for this
purpose, alone, that the law of last
winter was passed This law was based