The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-09-29

the field, introduced Major General
Franz Sigel, who was received with APP
plausc.
Judge Thomas w. Harrison and the
Registration Law.
No. 2.
Editors LmtelLigcmcer:
perceive on perusing your remarks,
since writing my first, which l wrote
hastily, that Armstrong was n member
of the Rebel StmIe Senate at Richmond,
instead of the rebel army, which places
him altogether outside of the Amnesty
Proclamation issued bv President Lin
coin, the Sth December, 1863, aud also
President JOhnSOn'S, issued Nav, 1865.
a special purdOn from Johnson is the
only thing therefore that could in any
degree change his status mS II public
enemy, and much less make him IL
qualified voter before or since the rnIi-
ticatiOn of the Constitutional Amend
ment, ON the 2Ith May last. Nor does it
appear he produced amy special pardon
from johnson. He stood there, upon
the record, AN unpnrdOned and umrc-
pentnut rebel of the deepest dye, as his
position in the Richmond Senate must
have been altogether voluntary aud
without the possibility of any of the
coercion which often constrained the
rebel soldier.
Judge Harrison and his cOnfederates
(the case does not admit of mildcr
term) mean more Than his language
would seem to imply, viz: they dO not
mean to accept the Constitutional amend.
lncnt ratified the 24th Of May last as Udlid,
but mean TO maintain what Col. Smith
aud his co-workers are now proclaim
ing upon the stump-that it is invalid
and of no iOrce-becHuse, as they say,
its ratification was not submitted to the
vote of all who were Ht the time lOynL
UOtcrS. This is their ultimate purpose,
and this decision of Judge Harri-
son S! IS but the teeler, the skirmish
llne-the entering wedge. II being
impolitic, they think, during the pres
ent canvass, to reveal their whole plan,
and hence, doubtless, tho Judge uses
Language that mny imply an accept
ance of the validity of the am cmdInelt.
Their real theory is this: FirSt-Thnt
the act passed the 18th of February,
1865, called the ''TeSt Onth," was un-
constitutional and void, aS they argued
last year. SecOmd-l5ut if TINT was valid
when it passed, it wnS repealed by the
registration net, which repeated merely
the Test OATH" modifying it i'll one
particular only to conform to the pro-
posed amendment, viz: that the overt
act of treason should have been cOm-
mitted since June l, 1861. ThiIU-Thnt
so much of the registration net rs con-
sisted OF the repetition of the "Test
Oath" Was Unconstitutional null and
void, using the Judges language, for
the reason doubtless, though lie did not
give any, thnt 1t excluded rebels, who
had been restored or rehabilituted in
some form since the "Test Oath" was
passed February 25, 1865. These propo-
Sltions being established, they contend
the amendment has never been cOnsti-
tutiOnally ratified, and so is of no force,
Now, as have before said, the "Tcst
"a r
citizenship, was clearly constitutional
aud valid, when it was passed Feb.
-, 1868, as it excluded no one then en-
titled TO vote; and that no subsequent re-
storation to citizenship of rebels could
nnnul it. The Legislature alone could
nnnul 1t. Tho Legislature did repeal
1t, but not until the first TcViStrd-
ton under the act passed Febru-
ary Goth, 1855, was completed, which
was not until the 10th day of AIny last.
'Chich fired and determined constitution.
GtEy and legally tOhO vcrc the IeJnIIv
qualified UOterS in the State, entitled to
rOte on The ratification the 24IH of the same
Say. See section 2Oth of the Rcgistra.
ton Law, Session Acts of 1866 page 7S.
and section lst of Supplemental Act.
page III of the same.
Assuming, then, the amendment to
be valid, as it unQucstiOnably is, and
which tho Judge had not the hnrdihood
ratified hy the people il became part
and parcel of the Constitution, and at
once nnnulled all laws aud proceedings
inconsistent with it, Armstrong; "end-
ing application for II writ of 1nGndnD,uS
among tho rest; and such would have
been the case if the application was
well founded i'll the cOmneucpinen1
for the Judge, after the amendment
took effect, had no more authority or
right To command the Board of Rp~ls-
trnlion To register ArmstrOng'S unInc,
than Court of Admiralty would have
10 commnnd the captain OF "A merchant
snip To run II against the ruck OF Glib
raltar; aS the ship would be dAS he'd 20
pieces IN tho contact, so were Arm-
StrOnE's application and Judge Hurri-
sons hndnttdHluS issued upon 1t dashed
to pieces when they came against the
amendment. True, as the Judge saws.
the amendment, when ratified, might
not pave given validity to what was void
before, though this would depend on cir
cumstnnces; but ! am unable to see
now that argument helps him. After
the amendment was ratified no tribunal
in tho State had authority to register
person who had committed overt nets
of treason since June lst, 1861, and il is
now and always has been the uutv of
the Registrar and Board of Rpgistrnlion
10 ascertain and determine this point.
Dy examining orally the applicant on
MS oath, or requiring him 10 make an
nttidmVit, purRing himself of his dis
loyal acts, before placing his name on
the Register. Did the Judge make. or
suffer To be made, any such cxnnino-
tion before issuing his naadafc tho
present month? 1t appears he did not.
And In Armstrong; cnse it WIS un-
necessary, for he confessed his guilt. In
SVcry aspect of the cuse, therefore, the
Judge stands without n shadow OF jus
tihcAtion, it seems to NO. Tho loyal
people should meet and repel the first
invasion of their constitutional rights
with tho resolution and energy they
would tho robber who had broken the
door and was about crossing the thresh-
hold of their castle, and while we are
accustomed TO regard as detestable
monster the man who stealthily intro
duces arsenic into the we'll from which
ourselves, wives and children drink, |
how must we regard him who dares To
corrupt the Judicial fount, which should
not only be pure, but, like Cesar's
wife, "above suspicion"
Respectfully, G. PARKER,
T. S.-Since writing the foregoing 1 |
have read the remarks of your cores
pondents "L" and "Unis Vox," in to. !
days paper. "Unis Vox" retraots, and |
it seens to mo wisely. "L" is doubt
less the particular friend of Judge Har-
risOn, and is anxious to relieve him
E..~sr TT