The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-03-15

citizens of these States by the genus vi
onr ;nst;tutions. as well as by the force
of organic law. The evident te"a aa.,s -
Republican institutions Is 10 e4aus
the condition ofmen subject TO tnest .: sway
and whatever is calculated 70 u, HU -
the equaRsing processes, (contunany
action, is unfavorableto, and supveis,'p
of the Republican form OF goverh'hen.,
Admit this much, and what blow h'olo
effectual than restraint Of suffrage, oy CT
traordinayu and unnatural conditions, o3n
he directed to the destruction OF repnpSi
licq An act of the Legislature intend leu
to abridge impede or Distract tne NJ
eral exercise of that right, (not priviai
zoe, a franchise merely, but right' aun,
in the Legislature, duty0 is not oniy
,esfriotipe. bnt is actually penaI!, IN its
nature This penal character amxeu "
the Repistratin Act Immediately sug-
sraS+s the second constitutional qnestion'
~ CONSTITUTION United States, Art. !,
Coo 10 Il. mo State shall pass any
Iii ofattaiuder, er-post fdctO law, or laws
;mpairing the obligation of contracts"
Constitution West Virginia, Art. 2,
Sec /. mo bill of attainder, erpost
facto law, OF laws impairing the obliga'
| ton of contract, shall be passed"
| Now when the true nature OF an er, posi-
fdcto law comes to be considered, does
this high and unheard of penalty OF dis
| reimbursement for crime not committed,
nor convicted of, but implied, and that
! from mere refusal to take the test oath
embodied in the Registration act, mol
bring the act itself under impeachment
| for manifest violation OF the spirit ana
intent of the above provisions OF the
Federal and State constitutions This
very subject is probably now under the
grave judicial consideration of the Su.
preme Court of the United States, as
the question arising in the matter OF A.
H. Garland's application to be admitted
to practice law in that forum, while he
declines to take the test oath, ia that
case, required by act of Congress, which is
in mari mateyia with that here required
of voters. Nor will the momentOus i'm
portauce of that decision. (howeyer IL
NAV be- in Which the cORStitatiOndHfy OF
the test oath, iron clad, snapdragon, teria-
than, on phaterer you please to eau a. 's
the rital issue, fail to be felt and perceiV-
ed throughout the country 1t is known
that the tribunal, highest in the country,
establishes the principles and by 1T all
these lesser, inferior courts must he gov
erned in their decisions, and that the
doctrine that statute at rariance arth
the constitution of the United States, or de-
fined Gy the Supreme Court, be that statute
Federal or State must gire array before the
"sHprene lar Of the ldnd' seems to be
| 1,
in our national Jurisprudence, (Ses Chief
Justice NarshaVs opinion, IN Ma"bWy, rs
MADISON Isl CrdRch-171)
In this short and cursory review of
the Registration Act it has been at
tenn tnl to establish
~ hat it infracts an express provis-
ion of the Constitution of West Vir-
pinia, declaring lrh0 shall be rOtPrs within
the Stale
2-lGat Il falls within the spirit and
sentiment of class OF laws prohibited
by provisions of both the Federal and
State institutions
3-Ihat the act is essentially repug
ant to the Republican form of govern
meut" adapted to the circumstances of
this coIntry, and secured to the States
by the Federal Constitution
To thc constitutional question only, was
it my intention to confne this examina.
ton; o! iections to the act on the grounds
Gifts in>r pkdieney. OF the utter Uncharlta-
blene8s that appears SO plainly on its
face, VII readily enough suggest them
selves 10 most readers.
Mess Editors: In conclusion, as my
acknoN Judgements come to be rendered
to you for the courtesy that has been
extend TO ne of your valuable and
widely circulated columns, Tor diffusion
OF thesu considerations IF the Registration
Act, (as we'll as of my former papers
OH PrOycriptiOn) among our patriotic
and Intelligent readers, permit me to
say thai my strong consciousness Of the scr
rice that y0u haze dORa and are yet to do TO
the Stat and country is calculated to rem
der thi public expression Of personal
obligatrns and well-wishings yet the
more grateful. That the great cause to
which oar common hopes and interests
and sympathics are inevitably pledged,
the hol cause of Right and Liberty,
(gu&rdeu by all the salntaIy restraints OF
constitution and law may find the APP
proved championship of the wisest, no
blest AMI best may triumph presently
over discorG and tanaticism, the mad
ness of The partizan and the despicable
acts Of tue demagogue. is worthy of the
patriots prayers, the PATRIOTS endeav.
| Ors So mote it be-
Pro PATRIA
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