The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-09-15

unconstitutional. flake it, they impose
nopenulty, they simply prescribeCertnin
disabilities and cOHditioRdlly limit or
restrict the right to vote and hold Office
under our constitution and laws; and
this restriction and condition applies to
no particular clasS of persons, but euch
and every one is subject to their opera
ton and effect. The condition pre-
scrabed can be no bar or obstacle in the
way of any one who has not voluntarily
been guilty of, or participated in the
highest crimes known to the law. If
he cannot take the required OathS, II is
because-le is guilty of violation, not
of said legislative acts or any other
statutory law merely, but of IA law as
universal in its existence and opera
tons as civilization and civil govern
ment, and that has existed "tinic out Of
niRd." If, for said restrictions, said
Legislative acts are unconstitutional,
then also, are said sections I, " and
W, of article III of our Constitution,
er post .fdctO and void, because In viola
ton of section IN of the Constitution
of the United Suites. Said sections l
and ~, contain restrictions, and pre-
scribe, not conditional, but absolute dis
abilities; for example, the disability of
sex, age, color, time of residence, &C.,
and section v prescribes that an oath
shall be taken aS u condition precedent,
&c. The Constitution of every State in
the Union, contains like restrictions to
| n greater or less extent, yet it will not
be pretended that they are, for this, un-
constitutional. But neither of these
| legislative acts or constitutional pro-
visions contain any of the essential ele-
mcnts, constituting what are denomi-
noted CIR post JdctO laws; they punish
no offence, made such by subsequent
enuctments; they increase or enlarge
no penalty for previous Offences, and
prescribe no diminutiOn of evidence, as
necessary to convict for previous of
| fences, and without these clements, are
| not, and cannot be cr post GdctO. Their
! provisions do not look to the pun
ishment OF, offences, but to the pro-
lection and security of good gov
ernmcnt, by the adoption of wise
/ and necessary precautions. Besides,
| CT post fdctO laws have reference solely
to criminal proceedings and proscci-
tons, and therefore can have no appli-
cation 10 Il mere Withholding of polit-
| zeal privilege.
In considering how far the right to
vote and hold Office is Inherent, and in
capable republication or restriction,
we must not overlook the distinction
between political privileges and cirL
| rights, the former, entitling the Citi-eIt
| to participate in creating and conduc-
ting the government, the latter enti-
thing the deni2en or inhAbitaMt to pro-
lection only 'Rdei' the government; and
this brings us to the question, Who
are citizens of the State?
The Virginia Bill of Rights, made
part of the Constitution of the old State,
under which we lived until the orSani-
cation of our State, provided that, "All
men having sufficient evidence of COM
| mon interest with, and dttdchmcHt to,
the community, have the right of Suf-
frngc.n In addition and explanation of
this provision, the Legislature of that
State (Chap. s. Code of 1860 defined and
prescribed who should be deemed citi-
| zcns of the State. This chapter was
| amended and re-cnacted by Act of Feb.
3rd 1868, Acts 1923, Chap. Al, Page ~, }
the 3rd Section of which Act provides;
that those voluntarily guilty of certain
! acts therein prescribed, shall be deemed
| no citizens of the State. The acts on nc
count of which persons are SO declared
to be no citizens, are substantially the
| same as those of which by said Statutes
of November 10th, 1863 and February
25th, 1865, the voter and officer, respec-
| lively, are required to make oath and
affidavit, they have not been guilty.
Said amended statute of February, 1868,
was passed cotcmporaneouS with the
making and adoption of our Constitu-
ton, and little more than one month
before the final ratification and adop-
ton thereof by the people. 1t was In
force Mt the time our Constitution went
into effect Dune both, 1868, j and has not
since been amended, altered or repeal
ed by tile Legislature; is not rcpug-
nant to the Constitution; and there
fore by Section VIII, of Article
Nj of the Constitution, it remains pnrt
of the law of tho State, in full force ;
and aside from its force and effect, us a
law, is the best evidence of what was
meant and intended by the term ''citi-
zeHs Of the State" in said article Ill OF
the Constitution. The only provision
in our Constitution, defining who are
citizens of the State, is contained in
section vi of article 1, which declares,
''The citizens OF the State are the citi-
zens of the United States, residing
therein"
Those who are guilty of the acts emu
merated in said oaths prescribed for
officers and voters, it can hardly he
| claimed, still retain the political rights
and I1TiUiteges of citizens of the United
States or of the State, having volun-
tarily renowned their allegiance to
both, and endeavored to destroy the
same, thereby forfeitiug, under the law,
not only their privileges as citizens but
their property, liberty and life; and any
olemency upon the part of the United
States Government, can restore them ia
| civil rights only, and not to political
rights and privileges. Anything con-
TIMED in the terms of surrender, am
nesty proclamation or United States
Executive clemency can do no more.
nor can the United States authorities So
enfranchise n citizen of State rs to re-
store him to his political privileges
| therein. Those who have encurred dis
abilities divesting them of the rights.
privileges and character of citizens OF
the State, can be restOfed only by action
of the State.
The United States authorities neither
exercise nor claim jurisdiction or con-
troll in the matter of voting or holding
office in the States. These are regulated
solely by municipal authority. The
privilege of suffrage always rests with
the body of the people of the State who
mny, with or without assigning reasons
confer or withhold il.
liy act of Congress, approved July 2d
1862, and act nmendatory thereof an
proved january 2ith, 1865, it is express
ly provided that every person elected or
appointed to any office of honor or
profit under the Government of tile
United States, either in the civil. milf
tary or navnl departments of the public
service, or who desires to be admitted to
the bar or permitted To practice ns an
attorney or counselor in any of the
Courts of the United States, shall first
take and subscribe an outh.substantinI-
ly the same and almost in the very Inn
Suage of the OnthS prescribed to he taken
by officers and voters by our said acts of
November IL, 1868, and February 25. ISIi5.
showing conclusively tint none of these
provisions or acts of clemency nre in
tended to restore the subject thereof to
political rights and privileges. The
party claiming the benefit of the terms
OF surrender, proclnmatiOnsOfum amnesty
or executive pardon, necessarily con
cedes thereby the guilt, by reason or
which, under the law, his rights and
privileges as citiZnn are forfeited. and