Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-05-17

spcclors of election in the Act of 18th OF Feb 1885,
which might possibly be used to admit the "quali-
fed yo,ers named in the Constitution to theirpriv
ileges. The End section of that act required, be-
fore the test oath should be demanded, that the
voter should be challenged By some voter present
at the polls where he should offer to vote. The
chance OF having a sufficient number OF votes thus
challenged to secure triumph to their party was
much diminished By the result of the election in the
AUTUMN of 1865. It was found that the Office of
spv and informer was not eagerly sought by the
people of West Virginia. There were but few
challenges. majority Of conservative votes was
cast at those elections and but for the unwarranta
bic and high-handed interference Of the Boards oil
Supervisors in many of the counties of the State,
and the rejection by them, the poll OF whole pre-
eincts. such legislature would have assembled at
Wheeling. in January last, as could not have been
induced to pass an act 50 unjust to the people, and
so disgraeeul to the statutebook as the Registra-
ton Law enacted at the last session of that body
But that law. as we have said, became necessi-
rs 70 the party then in power The test oath OF 90
was not as strictly enforced as was desired. Many
Of ,he legitimate and qualified voters" Of the State
were enabled through the indsposition % to chal-
lengc exercise their privileges, and something,
better devised TO attain their ends therefore,
demanded bv the radical faction who were resolved
to rule the Commonwealth. Besides it was neces-
sary under the Constitution of the State, to submit
the proposed amendment to the popular vote at the
Nav election 1866, and unless there could be some
restraint placed upon "qualifed voters" some
project concocted by which their numbers could be
lessened the amendment would fail. The Registra-
ton law supplied the need. The Intervention OF
challenger TO the voter must be dispensed with, and
other obstacles must be thrown in the way of the
right Of suffrage. Radical ingenuity readily fur
nished them. Officers, whose duty it should be to
enquire into the loyalty of each voter mustbe APP
pointed and if not satisfied in their own gracious
and imperial Judgment that there is no faint of trea
son, as they understand that crime, about the app-
cant for record of his name among the electfew,
the test oath must be applied And even after that
lest, perchance some unwary and unfaithtul regis
trar might enroll some voter whom the Constitution
has very absurdly pronounced qualified" but
who would be thought unwilling TO square his con-
science with the requirements of the party who
hold the monopoly of loyalty in the State, county
board was organized with power to summon before
il the unfortunate suspected" to answer "char-
ges which in these times are, like Dogoerry srea-
sons. thick as blaekberries." The accused is re-
auired to make a pilgrimage TO his county seat,
whatever may be the Inconvenience TO HIM, or how
ever far removed from il he may be; and, until the
inquistion begins he is in entire ignorance OF the
nature Of the allegations against him; for TINS
"county board does not deign to furnish them IN
iii he is before il for trial. The examination then
proceeds er parte, condemnation is pronounced
without an opportunity Of defence and his name IS
stricken from the books Of the Registrar. ltstrue
that after trial he may ask a reyewa of the action
Of the board, but this involves another pilgrimage
and is afforded him only after the Judgment Of the
court has been recorded against him. What the
value Of a defence may be under such circumstan-
ces nav be readily estimated, and what the chan
ces Of restoration Of his name 10 the registry may
he easily calculated. That we have not misinter-
preted or perverted the law by this mode of setting
forth its provisions we think its own language will
abundantly show. Here it's;
g Section g. Il shall be the duty Of the County
hoard of Registration TO examine such book, tkeg-
istrarsl and il they are satisfied that any person
bss been registered who has been guilty of any OF
the in the aforesaid affidavit contain
cd in the third section (which contains the test oath)
81 or is in any way disqualified to vote under the
provisions thereof il shall be the duty OF the sald
board. upon proof Of any such act or disquaihca-
tion 10 exclude the name of such person from the
list of registered voters But the party whose name
= nroposed 10 be excluded shall have due notice OF
the time and place of taking the evidence TO prove
his disoualifcatiOns which evidence he soail nave
the right 10 rebut and shall have his name restored
A. Esf sc fmDrODerlV stricken tleretrOm.
II will be observed that the board, upon proof of
q" disqualification" is empowed "to exclude the
name of such person from the list of registered vo
ters." 1t is not until after such exclusion that any
means or right of defence is afforded and then for
the purpose of restoring the name already stricken
from the list.
We have thus traced the legislative history of the
Cons, itutional amendmdnt. We have seen that it
q, jgipated with legislature, elected with view
70 NO such proposition; and that after it was adopt
adbvit earring its condemnation by the people, and
that tbev WOULD elect Legislature to reject it, the
o, NJ the 18th Of February 1867 containing the test
oath was passed n order to secure the Legislature
Of lses. which it dill; and that the Legislature of
1866. which ratified the proposed amendment, ap-
pretending that upon submission OF the subject to
the vote of the people in May of this year. 1t would
be rejected, that body adopted he Registration law
which strikes down the Constitutional 9ualhcations
for voters and confers the right of suffrage on those
only who can pass through the vexahous ordeal
which it provides 1t is clear, therefore, that the
people have had no opportunity, and it is manifest
were never intended to have opportunity, to deal
with the subject. 1t was too well known by its
projectors that submission of it TO the legal and
"ouali6ed voters ofihe State would have secured
its prompt, decisive and indignant rejection.
Hence these tortuous eontrivances to keep 1t from
them.
INPEACHING THE PRESIDENT.
soma of the Undetermined non-combatants.