The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-09-12
WHEEILNG Sept 3, 1867


handed me to-day, asking my opinion il
relation to your duties aisnpcrvisor> ant
inspectors of election, uuter the secont
section of the act of Febnlary 25, 1865
to amend the law relating to elections.
That section provides, in effect. that
when any person offers 70 vote. If hls
vote be challenged, the supervisor aud
inspectors shall refuse tdreceve il, until
he produces to them his ttfidavii. sworn
to and subscribed by hnfin the pArtcn.
lar form set forth i'll thsact. They are
to reject the vote, if thetath be not pro
duced, otwithStandingthe person offer
ing to vote may possess II the qnaliica
tions of voter requlredb by the coOstitn-
tiOn of the State.
During the last sessiorof the Legista-
ture, earnestly opposed the passage of
this act, contonding tut the Legisia
ture had no authority T." ass it, and that
if they had, the measut was in itself
inexpedent and unwtS Subsequent
reflection has served to Gn6rm the views
l then entertained. d
The right of suffrage ithGf fotnidation-
on which rests the whds structure Of
republican government, hsi Is therefore
properly defined and rSnlated By the
constitution itself Tdprescrihc who
shall be their own constRents is no part
of the legislative power 70 every State
of the. Union. this is doneE the roisti-
tution-not by legislatiS acts. The
Legislature may pass the icessary laws
to carry into execution tIprsvisionSof
the constitution OH the subct and there
their authority ends. Irpur State ut
least, no authority over thFight Of suf
frage has been granted 1.-THE Lgisla-
ture, except in IA single paicular herein
after noticed. Yet our Leslature, dele
gated by the people to excise ohiy the
powers conferred by demonstration,
have assumed the authorii to prescibe
who shall be the constitncy OF the
State
If they may require the6cers Of cleo
ton to reject tho vote of 5y one who
has not taken the oath in .estien they |
NAV impose in the samenanu"r any !
other restriction upon thsighi OF sr,
frage fhat may suit the svailing ..;
ton of the day. The supfis6ra and in
spectors may be required baw in reject |
the vote of every one who chalanged,
unless he produces certiitr (, show
lipious denomination, or flares under
oath his determination Support the
measures of some poltic'party The
light Of suffrage will det1 upon the
passions or the prejudiceslch may in
fluence the legislature the day
Such, however, was not Intention of
the constitution.
Under the sixth sectio3f the first
article of that instrumenfery citizen
of the United States res1g in West
Virginia H. citizen of State and
by the first section of thhird article,
The white male citizens of Hfdte shall be
entitled to rote at affections held
irithia the election districts nhich they
respectively reside, unless tlhIe minors,
paupers, of unsc:;ss "'s:1 - oder convic-
ton of treason, felony, 6l,bery in an
election, or have not beeUsidents of
the State for year and ghe county
for thirty days
The right of citizenshiphere placed
beyond the control of thcgisll.ure -
Any person who is acitizeit the United
States under the laws thej is. by torce
of our own constitution, dzen of this
State if he resides therein
The right of suffrage is ally beyond
the power of the Legislai The Ian
guage of the constitutionlmperative.
The white male citizens "A State, it is [
there said, shall be eatih rate az all [
elections held within thectiun dis
tricts in which they respsely reside,
unless they are within exceptions
which are clearly defined be first sec {
ton of the third articl6yhat right
have the Legislature to saat a white 4
male citizen, not includeithin these q
exceptions, shall not be end to vote ? 4
The case then is this: Sin citizens i
possess the quali6cationsir ired by the a
constitution to make thepters The t
constitution says, they she en- Titled
to vote" The Legislatuay, ''they /
shall not-werequiresomfg further" " c
Which, Gentlemen, oughi 10 obey I? +
, 1t is impossible to compl& both; and {
You should, therefore. ollie funda- e
mental law of the State. i
Ineed not remind You ton take an 9
oath to support the consioh of this s
, State. No part Of the COTTON is ex-
section Of article third. al As every '
: other part of that iustest. Nor is t
. there any qualification ndition in T
!. the oath. You de not s3o support '
, the constitution, If tho Nature are
willing for you 20 do seko support {