The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-03-12

of our State constitution has declared
that no one shall be compelled to be a
witness against himself. The constitu
tiOu of the United States, and it is be-
lieved, the constitution of every State
of the Union, contains similar provis
ION. BY the common consent of civilized
men, this has been established as fun
| damental principle that ought never to
be violated. However strongly you may
psuspect man to have committed treas
on, theft OF murder, you have
no right to require him to
swear that he is not guilty of the
crime with which he is charged; nor can
you punish him, by the deprivation OF
tany right, because he refused to take
such an oath If he has been guilty
his guilt must be proved by lawfnl evi.
dence, and punished according to the
laws which were in force when the
crime was committed. Such laws as our
Legislature have enacted, might, per
haps, be excused, though they cOnld not
be justified, if passed in the time OF war
and public danger, under the pressure of
excitement and alarm; but what apology
can be made for them when passed IN
time of peaceP
There is yet another principle involved
| in the test oath system which is equally
| abhorrent to us, and it is this, that he
arhO has once erred shall necer be .}oryiren.
The oath to support the constitution, as
we have already said, refers to the future
only. The man, (and there are thousands
of such cases,) who was deceived or mis-
led into a voluntary support of the re-
| bellion, OF who Joined the rebel armies
in the mere thoughtlessness and hot
| blood of youth, may have soon discoy-
cred and repented of the error of his
| ways But there is no forgiveness for
him. He could take the oath to support
the constitution of the United States
and of this State, with clear conscience
and honest intention to become good
and useful citizen, and to fulfill there
after his whole duty to the Union and
the State But he is to be prescribed
and disfranchised forever He must
swear, in substance, that he has not,
since the first day of June, 1861, volun-
tarily given any aid to the rebel cause.
If he will not commit perjury, no re-
pentance, however sincere, will be ofany
avail. And yet We. are all taught to
pray that our own trespasses may be
forgiven, as we forgive those who tress
pass against us Nor do these laws rec
ogniZe any distinction in guilt, All are
alike to be distranchised. The man who
ignorantly or thoughtlessly supported
the rebel cause, because the community
in which he lived were doing so,-he
who gave any assistance to that cause,
however slight or whatever circumstan-
ces may have existed to palliate the Of
fence, is, underthis system of legislation,
equally beyond the reach of pardon as
the most inveterate conspirator and
rebel il. the State.
There are fellow citizens, other pro-
visions OF the registration act which
demand your attention
The Governor is stoappointt the County
Board OF Registration, and he may re-
move any member or the Board tor 0th-
cial misconduct, disloyalty or other
causeS"-that is, whenever he sees fit to
do so, The Board appoint the Regis
trars, and may remove them for what
ever they consider good cause" for re-
moval. The whole machinery, there
fore, by which this act is to be carried
into operation, has been placed under
the control of the Governor These Off
ces are to be filled with his tools, select
ed to manage this business of registra-
tion in such manner and. for such purpo-
ses as he may approve If any member
of County Board prove refractory,
the Governor has the power of removal
fla Registrar become conscientious, a
hint from the Governor to the County
Board that he had better be removed
will be sufficient. The people of the
county or township have nothing to do
about these appointments or removals.
We cannot, therefore, expect anything
else than that these men, in the execu-
tion Of this act, will prove the servile in
struments of the Governor and his party.
But to complete the scheme, the tif-
teenth section Of the act authorizes the
Governor, among others, to examine the
registry books of any election, State,
county, town or municipal, and reject
any returns that are contrary to the
provisions of the act. He is to be the
Grand Supervisor of Elections, small and
large, with power to reject any returns.
Who ever heard of such authority having
having been given to the Governor OF a
Statel On the other hand, the provis-
ions for protecting the rights of voters
are wholly insufficient and deceptive. -
If any person is aggrieved by the decis.
ion of a Registrar he may appeal-tO
the County Board of Registration-that
| is from one instrument OF the Executive
to another equally subservient. fla Reg
istrar wiJmy or malici0usly reject any
person from registration he may be fined.
But you must prove that it was wiltully
OF maliciously done, and not 10y mistake
or error of judgment And how, when
you find your name omitted from the
register, will you be able to furnish the
proof! Can you search the mans heart
and drag forth the hidden purposes OF
his decision! But even this provision,
insufficient as it Is to protect the rights
of the voter, is nullited by another act
passed during the recent session, which
provides that no officer acting in the
discharge of his official duty, under any
act of the Legislature, or any order or
proclamation of the Governor, shall be
personally responsible. Another section
of the registration act repeals the 'twen-
| ty-ffth section of. the act to regulate
elections, passed November 18th, 1868
The section thus repealed required the
officers of elections, when they rejected
tue vote of any person, to enter his
name, If he demanded it, In a seperate
| list upon the poll books, and to seal up,