The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-09-04

tuition, in the most unqualified terms, re
serves to the people the power to amend
that instrument.
| In article third, section first Of the
Constitution of the State the right oi
suffrage is fixed as follows:
The white male citizens Of the State
shall be entitled to vote at all elections
held within the election districts in which
they may respectively reside; but no
person who is minor, or of unsouud
mind, or a pauper WHO is under con-
viction of treason, felony, or bribery IN
] an election, OF who has not been resi-
dent Of the State for one year, aud OF the
county in which he offers to vote fol
thirty days, next preceding such Offer,
shall be permitted to vote while snch
disability continues"
This plain and palpable statement nj
the will and determination Of the people
of the State, in sovereign convention as
sembled, the Legislature undertakes 10
override and trample upon. 1t usurrs
authority which the people have reserved
to themselves, aud proceeds to alter,
amend, and add to, the qualifications of
the voters of the State, and restrict the
right of suffrage, already defined by the
supreme law of the State-the Constitd-
tion.
In chapter fifty-six, section second, acts
of 1865, we read:
9. II the vote of any person offering to
vote at any election shall be challenged
by any voter present, the supervisor and
the inspectors of the election shall refuse
to allow such person to vote until he
shall produce to them an affidavit as fol-
lows:
Township of -, county, to wit:
81, A. B., (name Of affiant,) do solemn
ly swear that have never voluntarily
borne arms against the United States,
the reorgaaized government of Virginia,
or the State of West Virginia that l
have never voluntarily given aid, COM
fort or assistance to persons engaged In
armed hostility against the United
States. the reorganized government OF
Virginia, or the State of West Virginia ;
that have not at any time sought. a.
cepted, exercised, or attempted to exer-
else, any Office or appointment whatever,
under any authority or pretended author.
ity, hostile or inimical to the United
States, the reorganized government OF
Virginia, or the State of West Virginia (;
that have not at any time yielded vol
uutary support to any government, or
pretended government, power or consti.
tuition within the United States, hostile
or inimical thereto or inimical to the re-
organized government OF Virginia, or the
State of West Virginia that | will sup.
port the constitution Of the United
States, and the constitution of the State
of West Virginia; and that take this
oath freely, without any mental reserva'
tion or purpose OF evasion"
The indefuitenes of this section of the
law will be seen at o glance. 1t will be
observed that it makes no difference
what the ground of challenge may be-
The person offering to vote may be wo'
man, negro, psuper, minor. or an idiot -
This affidavit that lie has not given aid
or comfort to the rebellion since Ger.
tain time, cures it all. But it makes no
difference what the affidavit may re-
quire, whether one thing or another, 1t
is an addition to the qualification OF
the voters in the State, as fixed by the
Constitution, and made, not by the con-
stitutional method provided fer its
mendment, nor yet by the people, the
only source from which such restrictions
can rightfnlly come; but by body OF
men, who, for this purpose, had no more
authority than the rebels themselves.
Judge HARRIsoN's next position is
that the inspectors of elections are not
clothed with judicial functions, and
therefore, have no right to decide consti
tutional questions arising before them
but must consider the law constitutional
| until it is judicially pronounced other.
wise. We maintain, with due Difference
to his Honor, very different opinion
These inspectors Of elections are as much
the sworn officers of the State as Judge
HARRISON, or Gov. FOREMAN himself
and we here call the attention of all con
cerned, voters, officers Of election, ant
Judge HARRISON, to the I4th section O
chapter 100, Acts of 1863:
Every officer and person employed iI
holding any election by the people, shall
before entering on the discharge Of hii
| duties, take the following oath: i sd
| emnly swear that will support the con
stitution of the United States. and the
constitution Of this State; and that in the
election about to be held, / will faithful
" and impartially discharge my duties
to the best of my skill and Judgment
In assuming this oath of Office, is tb'
inspector of elections, in the discharg'
of its requirements, to pursue the die
tates of his own conscience, and Of hi
own enlightened judgment as to wha
the Constitution means and requires o
him, or is be to follow the extra judicia
opinion of some circuit judge, magistrate
or lawyer of his county, Under hi
oath to support the Constitution Of th'
State (and in which oath legislative en-
actments are not mentioned, nor even al
luded to) are the officers of elections 4
allow themselves to be tied mp by wha