The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-03-14
The Resistration Act-No. 1.

In my former series Vi papoi''
ing through three numbers, en.''io"
"Proscription, it was attempted 10 III
yestigate the general causes OF pfoScfip,
tive Legislation, andao'indicate some q
the evils which naturally aud ineVitaDiy
follow after its adoption. Certainly not
least prominent among those, evils Gas
was strikingly illustrated by late iesi'.
lation 10 our own State), is TOO great a's
yeoo,d Of constitutional restraints ana
the very obligations imposed on leg,sla-
TORS for security, perpetuation, aplolng
nrotect;on of the people in the exercise
oor,en;oyment of their every right I.e
Constitution in popular governments ~
that oronuic lalv, whose enumeration u
inst liberal. conservative general pIin
5o;r1ae Is direct emanation from tne
papoI,ie themselves, constituting the per
-napant safeguard of their rights and.lib-
ar+iss -a1thoritatively ordained and pro
rided for by themselves in convention as
sambled The old constitution of Virginia
Gof I776), and the bill of rights predatory
thereto, said to have been framed by
wise old George Mason first defined
clearly the grand idea Of a popular repre-
sentqtipe Government comprising three dis
tinct Independent, coordinate branches
| the erecttire, legislative and judicial: Many
of the salutary first principles were un
questionably adopted from the Brltish
statutes, especially from Magma Charta'
the great charter OF personal and politi-
cal rights, Wrested by the doughty par
ons of Old England from the feeble John
at Runnymede. The Bill OF Rights OF
the Union and the Federal Constitution,
in many salutary and essential provi.
sions, were freely borrowed from those
of Virginia.
Now some of us had been taught to re-
card with admiration and respect those
monuments of our fathers wisdom, pa
triotism and virtue, and to contemplate
with certain adherence any detection
from the great principles which guided,
directed and sustained them in their
high political career. Any palpable de-
parture from our constitutional guide
books must be attributed to some abRor-
NAL condition of excitement and a zeal scarce
In attempeyed By arisa0m, misleading jadg-
,aent and darkening counsel-if not thus to
be palliated, that departure is DELIBER-
ATE CRIME
While each State of the Federation
Possesses State constitution, all peo-
pie in West Virginia appear to have some
conception, however faint, that our State
constitution is reality, fact established,
sore some members of the late Legislature
The constitution of the United States,
treaties and statutes confOrmable there
to-hat conformity determiRable by the SlE-
pleme Court Of the United States--consti-
tute that supreme law OF the land, y
which the constitutions of the several
States cannot abrOgate, nor, their statu-
tory provisions nor decisions OF their ju-
diciaries anuul A sound touchstone by
| which to examine some law OF your
State Legislature, consists III the simple
luuestiun, Does Il cOmpOH pih the language
and spirit of the Federal and State c0nstiM-
tons Assuming thus much, let US ex-
anime that monument of legislative Wis
dom lately wrought by the master work
men of our Legislature, untitled
The Registration Act :" If this act
had been intended by its trainers
TO effect mere bona tide registration Of
The rotor in the State, and had even been
unexce ptionable i'll its details, it would
then have beeu but a piece OF idle, frIv-
olOus and expensive legislation, aaaeces'
sara, III timed and iRjHdicious But this
was eN IDENTITY not its intention. 1t goes
on to provide tor appointment by the
Governor q ae,r source Of patronage ana
DOirel, which, following IN the footsteps
of certain others, he might well have
decIiHfd-ot certain persons suitable to
his or their or both % purposes, to reg,
lister voters and require certain pre-
sCribed oath to be taken, as condition
OF enrolment in their record Of honor.
Then voters in West Virginia are to be
made OF URmdde by new sta CHAMBER
creation of the Governor That idea was
not contemplated by the trainers OF the
State constitution, Read its emphatic
language
Article Sd, Section LIST The whit q
male citizens Of the State shall be emit
tied to ote at all elections held within
the election districts in which they re-
speCtiyeiy reside but no person who is
minor, OF Of unsOund mind or pau
per or ho is under conviction OF treason,
felony o. bribery at an election, OF who
has not been a resident of the State for
one yeal, and OF the county in which he
offers To vote for thirty days next pre-.
cedng such offer, shall be permitted to
/ vote whlle such disability continues
This clear and comprehensive clause
of the constitution affords sound ap-
plication of the legal principle OF con
structio.. " ErpressiO mum, erciusio ate
| RUS" The rery enumeration Of cases under
disability excludes the idea that any Other
| grounds Of disability are TO b. admitted Yet
this act "f the legislature does actually
create nsir ground Of disability, in the
mere refusal to take AL oath not pro-
vided for nor even remotely contem
plated by the constitution.
Yet th,- right OF suffrage. badge Of
citizenship duty egoinsd by wholesome
laas upon he people of the States snti-
tied 10 it, exercise right existing to the
most OF ~ anterior to the States exist
ence; this franchise aud inherent birth
right Oi freemen may lie limited re
strained denied by the Governors agent
nv force Of this solemn farce, entitled
Tie Registration Act! Well are not its
patrons somewhat i'll the condition Of
that NenaU College Of Roman Au-
gur4. ,cudy 10 miic al then drH JUggIs5
| oil
| LiLe halleItelto with hii hair Oh end
I his own wonders wondering for his tread
As the uEht Of suffrage ls made 50 III
ciient OF citizenship by the constitution