The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-10-05

them, and he will never be able to alter
that grand fact that ere,y qehite male cit
isen, who comes within the provisions of
that clause of the Constitution, is a vo-
ter.
1t is not in the power of the Attorney
General, nor the Governor, nor the Court
of Appeals, nor the Legislature, to alter
or amend that constitution. Provision
is made in the 18th Article of the consti-
tuition for its amendment. In that way,
and that way alone, can that sacred in
strument be changed. No power can be
found, giving to the Legislature the right
to add to, subtract from, or in any man.
ner change that instrument.
THE LEGISLATURE VIOLATES THE CON
STITUTION.
BY an act passed February 18th, 1865,
the Legislature requires every person Of
fering to vote who is challenged by a17y
roter present, to take certain oath known
as the infamous test OATH and that act
declares that such person shall not vote
until he takes that oath. The consfitu-
ton makes no such requirements. 1t says
who shall be voters, and no where says
that a person offering to vote shall take
this infamous oath. But the Legisla-
ture, which is the creature of the consti-
tuition, subject to the constitution, into
whom the constitution has breathed the
breath of life, turns upon its creator and
says, 81 am greater than thou. Whom
soevcr thou sayest she'll vote shall not
vote, but shall be rejected. And it is
given unto the Attorney General OF my
kingdom, and the Governor thereof, to
declare these things to the supervisors
and inspectors throughout the land, that
this, my law, may be most strictly en-
forced, in order that the Radicals, which
are my most dearly beloved, may be re-
tanned in power, and the Conservatives,
which hate me and love the constitution,
shall be east into outer darkness
Thus the constitution was violated,
and the supervisors and inspectors of
elections compelled, if they carry out this
infamous act, to rio1dte tie oath THEY
hare taken to support the constitution Of
the State In other words, to pejaae
themselves.
Inspectors of election, are you prepared
to do thlso Will you do it for the sake
of electing the best men in the land?
Will you execute this law, when you
mast h1oW that ii is On open Encouragement
Of tie constitution, and disflanchises al
most every man whom that constitution
says shat rotes 1t is to be hoped that
no honorable inspector will do so wan
ton an act of injustice.
WHO CAN TAKE THE TEST OATH:
This question addresses itself to our
conscences. No adjudieations have been
made in this State under this act; but
are we to have high official precedents
by which to guide our actions: In the
office OF Prosecuting Attorney in this
county is a man who, under the law,
being an ofiice-holder, was obliged to
take the oath. That man, when Patter-
son was coming over the border, shout
|
ter, arhere laid Johnson's o1nay, to offer
roleoatayHY his services I" to drive the i'll
vader from tie sacred soil of Virginia.
The Senator from this District took the
oodh Of allegiance TO the Southern Cosyed-
erdcy, and is still in office.
.h,7ge Batch mcited Bi'echiu'idge GAd
his stat to dine wih hiaa, d5e6 they came
TO lis house oad poytooh Of his hospitality.
He also eol,adoyiW gare Dime, to t~eaty
Confederate carol,y at one time, ont2 aroa-
Ell on tile tabie.
These gentlemen all took that OATH
This amounts almost to an adjudication
of what constitutes giving aid and com
fort. They have never been indicted fol
perjury, and doubtless never will be, un-
less the Prosecuting Attorney Keeps OF
threatening men who may, at some time
have given q Confederate soldier a erus1
Of bread, with suits for perjury II the
come forward and take the oath