The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-03-16

| TUG ING "lhEGE u
1865.
Reported for The Inteuigcneer.
In the House of Delegates, February
4, 1865, the bill imposing the test oatt
for voters being on its passage, and Mr.
Lamb, of Ohio county, having spoken
in opposition to the bill. &
II JAMES FL. FERGUSON, of Cabell, said
II Mr.. Speaker sincerely regret thai
am compelled so often by my sense o
duty to differ with the distinguished
Il gentleman from the county of Ohio.
beg leave to assure him and the mem
bers of this House thatI i do not differ
with him for the sake of difference, but
there is conscientious difference o
opinion between us, and have never
yet differed more widely from him thar
1 do on the present occasion.
4 Now, ] think, as / have said upol
another occasion, that / have as higE
i regard for my constitutional obligations
us any member of this House, nnd
II would be as far from voting for or sus
n tanning any proposition which violates
Il that instrument, which l have sworn tC
support, as the gentleman from Ohio oil
4 any other person: and if. believed the
present bill was n violation of the CON
StitutiOn, certainly should not go fol
it. But, sir, 1 lay down the broad Prin.
ciple, to begin with, TINT States MS well
4 as individuals have the right under all
circumstances of self-preservation. AS
/ a general proposition, have no right
under the laws of my country or of my
God, to strike the dagger to the heart oi
1 any human being; but If that human
being is threatening my life, and it is
| necessary for me, to preserve my own
/ life, to strike him down, 1 have the
| right to do it. And, sir, I say, States
have precisely the rights of individuals.
| If the State has not the right to pass
such laws as are necessary for its self
| preservation, then the whole science OF
government is d failure. And if this
| House will hear me patiently for few
minutes, think will be able to satisfy
them that there is no constitutional diff
ficulty in the way of the passage of this
Now, the first objection to this bill is
| that it is extremely inconVenient TO
carry out. My friend from Ohio says
| if we pass this bill, somebody will be
posted Mt the polls to challenge every
| vote on one side, and that somebody on
the other side would then challenge
| every vote on the other side; and that
/ the result would be no election would
| be held. Allow me-to tell my friend
from Ohio, that all anybody has to do
to get rid of such n difficulty as that is
| to make their affidavits and have them
I certified and ready to produce Mt the
| polls when their votes are challenged;
and / say, sir, every man living in this
| State ought to be compelled to take the
| oath. required in this bill before he is
| allowed to vote. This matter of incon-
venience is all imaginary.
But this measure, like all others that
! AFFECT these rebels, everything no mat
| ter what, is objected to as "violation
! OF the Constitution" / do not say gen
tlemen are not just rs sincere and con-
| scientions in this opinion as l am in
| my opinions aboutth bill, but it seems
strange that everything affecting the
| right of a rebel in any way brought up
in this House is .'unconstitntlonai., IL
| That hue and cry has tied down the
| hands OF the House in many things
| that ought to have been the law long
| ago.
\ vision in the Constitution which says
I that "the citizens of the State are the
| citizens of the United States residing
| therein" and then the first section OF
i the third article of the Constitution
| which saws, that the "white male cltl-
zens of the State shall be entitled TO
vote at all elections held within the dis.
| tricts which they respectively RESIDE.
| l desire now to call the attention of this
| House to one fact that has been re-
cOpnized in almost every State OF this
| Union. as well as in the Congress of the
| United States, that the right of voting
and the rights OF citizenship are two
| separate, Independent and distinct
| things, ard that n citizen is not neces-
SUI ss t.S,;r,S, = md that n man NAV be al
Io,,t5i 10 vote Nv n State where he is not
:, o;t;zan Tho tight of citizenship and
Se1;,,r, arc senaraf9 and distinct things;
and tRe one does not necessarily depend
| IN the other. / undertake to say this
State and every other has the right to
rrascriha who shall be a citizen for the
purnose' p1T1 ~ voting: and that is all that
ih;s Hi Soas n saws that persons who
bax,;Dor tmIs been engaged in this rebellion,
n.,..i,lIs99si IL, armed hostility against the
e1ES.lSsSy yVast V;rpinin nnd the United
StatoS Staso "a andoayoring- Inv all the means in
tp,a;s 1,ower to DESTROY both the Govern
e't snelt PoF The limited States and the
~ tienS H1tIlant ~ ~ tbis Siate-to vine it
S SoHeE =, I,I..c...,. y. ;t. fIraya, sboji not
gu out ,an!l,S.I aLu n;.isaos of this state under
[ 10 ~ tho+ saction of the Com
tne W N iieanlHS .lS Va s+-'sS
stltutl1Su: ~, frfand from Ohio.
An' DuS sry I,a,. ,Sroy;sion which sci,
@ tnere e. Is .inS.in, aSt Ind ti,ot 10 the fiftb
San,ian UT Sns ~ @ the third article: 2
secton oly the .Lit stiiA o1ao,o1 ~ onoointad
livery 80 s;,,;I cI military
to any oince OF .dcsadins, .lusss my 10 exercise
rsHl;s, r., SiiScLa Pod the cInties
Lne 4 r,s,tt, o. n "a rnnaf fion
:, OF tne sa .,!;1t s,S,1y,ort the CONSTITUTION
tna5 ne. WI, MI e e!tpte, onS the ,onstitri
e.a oi sue IN sytats. and every citizen of
:. tnIs; SUE is,1iic f1ansar he reduiretl
Tecilon, OF az. it,e datI, or !, mr.
.s ,Gyat;an. ~ Tor mon pain of suspension OF
ti!e;t,. ~ yotinC ami holding office
MS MS lSLt1. ~ = 80 tio,, III f'tF -
under tniS constlEtl cst!l ~. oo1I ~, n
What 1.desire now 10 90 IS 10 cali tIe
attention of the House, and especially
SIC attention' Of the gentleman from