The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-09-27

n voter. The application was of course
based upon the facts and law then eX-
listing, and the final decision must have
referred and related back to that date,
unless change in the organic law
that is in the Constitution-hHd
intercepted or arrested and rem
dered void the proceedings. AT the
time of his application, and ut the time
the facts on which it wns based accrued,
the act of February 25th. 1865, was In
full force, as the first Registration un-
der the act of 26th February, 1896, had
rot been completed. (See Sec. 10th of
the Registration Act, which expressly
provides that the act of the 25th Febru~
ary, 1865, known as the Test Oath Act,
shall be in force until the first registra-
tiOn under the Registration Act shall
be completely 1t is clear then that the
Act of February 25th, 1865, called the
Test Oath Act, was the only law then
in force-the Act which had been so
violently nssailed by our opponents last
year, so fully discussed in the Courts
and before the people, through the press
and upon the stump, and its validity
triumphantly sustained everywhere.
Does Judge Harrison mean to pro-
nOunce this act unconstitutional and
vOid2 He certainly must SO mean when
he says, $50 much of the Registration
Act as requires any Registrar to nd-
minister the oath prescribed In the I'd
section of said act" (Which is i'll all
thinvs identical with tho Test Oath Act,
passed February 25th, 1865, except it
substitutes these restrictive and 7nitigu
ting words: "since the first day of June,
1861, for 'never'-and thereby dccLGT'i1ty
but not abrognting or repealing) "he-
fore registering such person Is HHcOnSti-
tWtiOHut, null and UOid." Does the Judge
mean to say at this late day that IA sol
dier of the Confederate army did not
commit treason against the United
States? Does he mean to gainSay the
unanimous opinion of the juriStS of the
world, including the Judges of the Su-
preme Court of the United States, AS
well as Andrew JOhnson-''that he who
takes up arms against the United States
becomes thereby. n public enemy and
ceases to be citizen of theoUnited
States and consequently of this Stnle?"
| Or TINT he who lett loyal West Virginia,
passed through our lines into Dixie
and joined the Confederate army, was
restored to full citizenship by the gen
crnl terms OF the Presidents Amnesty
Proclamation, when it expressly eX-
ceptS such persons from its operation.
| Or that the Sth and 18th sections of
art. Sd of our constitution does not
authorize our Legislature to pass the
net as a mode or means for ascertaining
the fact, whether the person offering to
vote, or to have his name registered
under the registration nct-is, or is not,
IL citizen of the State?
On the 24th OF May last, the amend
ment to our Constitution wns ratified
by the people, and became Il part of the
organic law OF the State. to which all
existing laws, suits and legal proceed
| inGs, inconsistent or in conflict thereto,
has TO give way. Does the Judge denyl
| this proposition? This amendment
declares that no person who has vOlun-
tnrily participated in the rebellion since
June lst, 1851 shall be citizen of the
State, or entitled to vote. Armstrong
admits that he voluntarily participated
in the rebellion, and still Judge Har-
rison has TercmptOrity commanded the
Board of Registration of Hampshire
county, under the pains of fines and
| imprisonment, to put Armstrong;
name upon the registry, and lei him
vote, and that they pay him his costs.
And Armstrong at once publishes n
card, calling on all other rebels III that
Judicial Circuit to come forward and
do likewise, prOtiering them,hiS profes
siOnal services! All these, including
the Judge, belong TO the "Conservative
Party" that have been prating the
years pnst, all over the land, about the
sncrGdness and inviOlability of Consti
tuition. Respectfully, G. PARKER.