The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-12-09

Laws enacted by the Legislature are
unconstitutional if they conflict with
the organic law; but an amendment to
the constitution, cannot be ''un-
constitutional' Senator Van Winkleto
the contrary notwithstanding because
until it is adopted it is nothing, and
when adopted it is the constitution
itself; and being the later enactment by
the people, it Overrides any prior enact
ment conflicting with it. A..
1t is true that under section of arti-
Gle of our constitution, citizens of the
United States are citizens Of this State
if they reside in it; and it is therefore
true that when the President restores a
rebel to citizenship of the United States,
he becomes a citizen Of this State by
residence therein. But "citizen" is
not necessarily voter. He hasthegen-
eral rights secured by the laws of the
United States, and all the rights of n
citizen and the privileges conferred,
generally, and not expressly withheld,
by the laws of the State. Suffrage is
moi right acquired by virtue of being
citizen OF the State, but n privilege
conferred by the State on some citizens
and withheld from others, for reasons
satisfactory to the body of the people
who regulate it.
The constitution already excludes
from the privilege of suffrage all solored
citizens, female white citizens, citizens
who are under twenty-one years ofage,
or who are not of sound mind, or who
are paupers, or who are under couvic-
ton of treason, felony or bribery in an
election, or who have not resided in the
State year and in the county a month,
and citizens refusing in time OF war or
instruction to take particular oath.
The amendment proposes to exclude
also citizens who have aided the rebel
lion since June LIST, 1851.
The proposition to amend is made in
the mode prescribed by the people in
the Constitution. The last Legislature
proposed it to the Legislature which
will assemble in January. One way or
the other they are required to decide
If they decide favorably, the final decis-
ion rests with the people at the polls
next fall. Ifthey decide adversely the
proposition dies in the Legislature and
never reaches the people directly at all.
This question as now placed before
our people is very simple one. The
attention drawn to it since the amend
ment was proposed, has stripped it of
ambiguity. The people of the State
have the full and absolute power to
regulate suffrage in the State. They
have therefore the full power to ex-
clude the persons whom the amend
Inent proposes to exclude. Suffrage
regulations being fixed in the Constitu-
tons, it follows that they can so change
the Constitution MS to effect the purpose
desired. wehave, therefore, the naked
question to decide: Do we, or do we
not, desire to exclude from the polls (for
a longeror shorter period, as may here
after seem best the persons who COM
mitted treason by aiding the rebellion
since June LIST, 1862 It is matter of
simple choice for each individual, and
that choice is constrained only by the
reasons each may entertain for prefer
ring the one course or the other.
What those reasons may or should be
on the one hand or the other, we do not
propose to consider to-day. We simply
state the question, and do not argue it
now.