The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-01-23
WHEELING WEST TUESDAY MORNING, JANUARY 49, 1866

they know anything about our lnsLlLu-
tions, acquire the right of suffrage. we
are too generous. In that instance, and
in many others it would perhaps be
sound line OF policy not to confer the
right on any man who could not read
and write, and did not pay his taxes. /
am not an advocate for comforting the
right of suffrage on the negroes, because
I know they are ignorant, and there
would beRgreat danger. These Southern
Ioents.D though not I" harmless as
doves, ,7'-would control this vote just as
they pleased. There is danger of that.
Therefore would not advocate 1t; but
we must adoptsthe best change We can,
SO as to get rid of the unjust and dam
gsrous effects of the present basis.
Now it will make a very great differ
ence IL you take thirty-three members
Off of that section, and let them come
into Congress under the restrictions
speak of, and if you let nobody come IN
there but those that take the oath, and
then watch them after they are there.
AS regards the taking OF the oath,
this test oath in Congress Is
only a means of attaining
dispense with it, but it is ready and
quick way of putting the thing to the
test. You ask a man IL he can swear
he has never voluntarily rendered aid
and comfort to the rebellion. He says
he can. But it does not stop you trom
INQUIRY into his antecedents, and If he
has sworn to falsehood, it is only an
additional reason why you should ex-
pei him. Each House has the constitu-
tional right to judge of the qualifica-
tions of its own members; and in the ex-
ercise of that right it is legitimate to In
uuire into all these facts; and II a
member of Congress has committed
treason after obtaining seat, he would
be amenable to that body and could be
expelled. And If it should appear that
he had committed treason and sworn
he had not, he can be expelled. The
whole thing is in theihands of Congress,
with or without the oath; and it does
not matter much about it, except that
it is ready and quick means of put
ting the thing to the test.
There is another amendment propos..
ed, which is only a matter ofpolicy and
expediency-itha has no effect particularly,
sections, and that is to remove that
clause of the Constitution which pre-
vents the laying of an export tax. This
when investigated will prove to bring
about something like this result, that 1t
will enable us to collect of OF these
foreign countries that have been play
ing into the hands of the rebellion
revenue which would go a great ways
towards paying the national debt. Tax
all the cotton they take out of the
country-tax everything that goes out
make them help pay this debt and
it will have another good effect on the
South. 1t will make it their interest to
go to work and establish manufactures
In their midst. II will do good to the
South and therefore, I individually, am
in favor of that amendment. But this Is
not matter of such great consequence;
the others regard as Indispensable.
will now consider for short time
the proposed amendment OF the Con-
stitntion of own State which depr1ves
all those who have engaged in the re-
cent rebellion of the elective franchise,
except they have purged themselves
by since that time enlisting in the naval
or military service of the United States
and getting an honorable discharge.
1t has been objected to this amend
ment that it is Unconstitutional, that IT
violates the tenth section of the first ar
ticle of the Constitution OF the United
States, which says: mo State shall
pass any bill of attainder or e1 post
Idcto law.n Now, to investigate this
Question of the constitutionality of the
amendmentl let us consider that the first
article of the Constitution of the Uni
ted States is devoted exclusively to or
daining and constituting the legislative
department of the Government-to pre-
scribing the duties of that department
and restricting and limiting its ac-
ton in certain cases. The whole
of the ninth section of the first arti-
Gle is devoted to restricting and
limiting the powers of the legislative
department of the Government of the
United States-of Congress; and the
whole of this tenth section of the same
article is devoted tolimiting the powers
a sfR ! sNf hn
State governments. 1t was not intend
ed at all to restrict or limit the people
in the exercise of their sovereignty in
ordaining fundamental law. In framing
a fundamental law for a State, the peo-
pie of a State act in the exercise of their
sovereignty as the people of a State, and
are under no constitutional Limitation
except that which requires them to give
to their State Republican form ofgov-
ernment. And that the right of pre-
scrfbing the qualifications of electors or
voters is lodged there expressly by the
Constitution by implication, you will
see by reading the second section of
this article prescribing the man
ner in which the lower house of the
Congress of the United States is elected.
The members shall be elected every
two years, and the qualifications of the
electors shall be the same as the quail
fications for electors of the most numer-
GUS branch of the State Legislature.
This expressly comedies to the people,
in the exercise of their sovereignty, the
right to limit and restrict the right of
suffrage, Just as they see proper, and
that the clause was not intended atall TO
operate on the people in the exercise OF
their sovereignty Is obvious from the
Language, "No State shall pass any
bin of attainder, or er post JGcto law"
Now this is not the way we talk about
H,.uF
we talk about the people framing the
Constitution, and the people adopting
it. but we never talk about passing the
No State shall pass any
bill of attaiuder." If has reference ex-
and entirely to the Legislative
of the government of a
State, and is intended to limit the legis-
lation of State, just as the other is in
tended to limit Congress, and prevent
them passing any law that has a retro
action, and punish men for do
ing things as crimes which were not le-
gafly crimes when done.
Now, as 1 said before, the people in
the Constitution are to be
in the exercise of SOW
ereign right inherent in them, and un-
der no restriction except the one have
They may say that no man
over forty years of age. just as they do
say no man under twenty one, shall
vote, and, if they see proper, they may
saw no merchant or mechanic, tailor or
shall vote, or they may say
no black man, or that no white man
shall vote, or that no foreigner shall
vote, or they may say that no manshall
vote unless he can read or write, or
they may say no man shall vote who
does not own land, or they may say,
lust as this proposed amendment says,
that no man who has been engaged in
the recent rebellion shall vote. That
right rests with them.
Tt has also been objected that It was
l., yJioIatfon of fha rarnla e1ivaF1 fn these