Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-05-10
The Constitutional Amendment.

of vast importance to the people Of that State. The
question to be determined at the election is whether
the organic law of the State shall have engrafted
upon it provision not only unjust and at variance
with the spirit of free government, but in direct
and palpable violation of the Constitution of the
United States and the elementary principles Of all
to be submitted to the whole people of the State or
TO those who ordinarily entrusted with political
power in free States, we would have no misgivings
as to the results but under the restrictions already
imposed on the right Of suffrage in West Virginia.
and which it is proposed to increase by the Constu-
tional amendment referred to- we can only hope that
majority of the favored few" will set the seal of
their condemnation upon it. Aside from the poll
teal wrong which it win accomplish it seems to us
that the pernicious effect which it must necessarily
have the material prosperity of the State is so
evident that no one who is not willing to sacrifice
his interests to his passions will fail to oppose with
all the earnestness and rigor he can command.
That the result of the amendment, if passed, will
tend to depopulate the State, moments reflection
should convince the most unthoughtful. 1t is not
in the character of any portion of the American
people to endure degradation if there is any escape
from it. This law will degrade those upon whom
it is intended cooperate, by not only deprvng them
Of the right of suffrage except on impossible condi-
tons but by stripping them of their citizenship by
making them aliens and outcasts in their own cOun-
try, and, what is more revolving and humliatng
still, by assigning them political status inferior to
that accorded to the negro. He indeed has formed
mean and false estimate of the pride and spirit of
people educated in the principles of government
such as ours was intended to be- who supposes that
to avoid stigma like this, any sacrifice will be
thought too great by those upon it is proposed to
fix it. Hence, should this amendment succeed,
stream of emigration from West Virginia to some
less Indifferent portion of the Union may be expect
ed to follow and it will bear with it much of the
talent energy, moral worth and wealth of the State,
all Of which are of incaculable value elements of
its strength.
The alteration suggested is in the following words:
"No person who, since the first day of June, 1861,
has given shall give voluntary aid or assistance
10 the rebellion against the United States shall be
citizen of this State or be allowed to vote at any
election held thern; unless he has volunteered into
the military or naval service of the United States
and has been or shall be honorably discharged
thercfrom."
We have said that this amendment, if adopted,
will degrade the white men whom it is designed to
affect below the position then, by law, occupied by
the negro. That such will be the is logically
deducible from the legislation which will then be
found upon the statute books. BY the 9th section
of the LIST Article of the Constitution of West Yir-
ginia, it is provided that
"The citizens of the State are the citizens of the
United States residing therein"
By the lst section of the Civil Rights Bill recent
ly passed the Congress of the United States
the veto Of the President, it is declared "that all
persons born in the United States and not subject
to any foreign power, excluding indians not taxed,
are hereby declared to be citizens Of he United
States" By the 9th section of the State Constitu-
ton therefore, the citizens of the United States
adopted as the citizens of this State and as the ne
gro. by the same section of the Civil Rights Bill,
is, "without regard to any previous condition of
slavery orinvoluntary servitude," tohavei'th same
right in every State and territory in the United
States to make and enforce contracts, DC, and Is
TO have the same security of person and property
enioyed by white citizens, and is in fact to be CO.
iEen of the United States, it follows that he is by
the proper vigOr of the State Constitution citizen
of the State of West Virginia.
But by the amendment proposed, large class of
the white inhabitants of the State, both male and
female are to be dectizened to be taken out of
the operation of the act o. Congress and the 9th sec
ton of the Constitution of West Virginia; whilst
the provision of the 9th section, with regard
TO all other citizens of the United States the negroes
included, still remains in force. If this amendment
be passed thousands of white men, therefore, who,
in DAYS gone by and not many years ago, comprised
much of that intelligence and manhood which gave
a national and even worldwide reputation to the
citizens of the Old Dominion to become politi-
cal pariahs-outcasts from their own homes, and
placed beyond the protection Of the government,
whilst ignorant and unlettered Africans but
lv their slaves are to be pressed with all the fond
ness of q maternal embrace to the bosom of the
| State
| To accomplish this horrible outrage the trainers
| of this amendment break through not only the re-
strants of decency and propriety, but the painest
| provisions of law.
Bv the 10th Sec. of the LIST Article of the Consti-
tuition of the United States no State shall, "pass
any bill of attander ex post facto law, or law i'm
pairing the obligation of contracts"
I
There is no class of legislation so repugnant to the
general scope of the purposes of free government
that which Furnishes the citizen retroactively. As
Judge Tucker has well expressed it sit is incon-
ssent with the very notion of law thatit should be
retrospective; for law is rule of action, and tits
absurd that the rule which is to direct my conduct
should have my past conduct for its object"
The father of the Constitution he has been very
appropriately termed, james Madison, as if scan
ming the future with eye of aprophet thus indicates
his adherence of such legislation in the 44th No. Of
the Federalist:
"Bnls Of attainder &c post .facto laws, and laws
INN airinr the obligations of contracts are contrary
g. tb first principles of the social compact, and to
.orv nr;nc;,le of sound legislation. The two for
mer are expressly prohibited by the declarations
prexed TO some of the site constitutions, and all
of them are prohibited by the scope OF these iunda
mental charters. Our own experience has taught
us nevertheless that additional fences against these
dangers ought not to be omitted.
Very properly, therefore, have the convention
added this constitutional bulwark in favor Of per-
sonal security and private rights and am much
deceived if they have not in doing, as faithfully
| Il ,ba the undorhfed