The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1866-01-10
Our Constitutional Amendments
Not an Eek Post Facto Law.

MOI IN TX FOSC GtSS~
We insert tho following decision OF
the Supreme Court Of Maryland, which
wholly, as we conceive, demolisbe' the
objection of the "Conselvatives' to the
Constitutional anne ndmes, Of this State
on tho ground of its being &c past tae'0
1t also clearly shows the necessity and
duty devolving upon the loyal people
of West Virginia, to protect themselves
and Government, by Inserting such apro
vision in the Constitution
TIE REGISTRY LAW DECLARED coHsrl'
TUTIoNAL BY GRIEF JUSTICE BOWIE
Chief Justice Bowie in sustaining the
constitutionali.y of the registration law
which excludes from voting those VIII"
cannot take tho test oath presented IN
the new constitution, says: :,
This constitution must be recognized
as the organic law Of the State. it
chief characteristics 10 con,radistinetlon
to the prior articles Of the kind are, u
declaration Of the fundamental prlncip'e
that every citizen ofthe State owes para
mount allegiance to. the constitution nud
Government ofthc United States, and Is
not bound by any law or ordinance OF
the State in contravention or subVerslon
thereof; its incorporation with the right
OF suffrage, and the abolition Of invol'
uutary servitude, except for crime. 1t
was designed to render the. Union lnfl''
soluble by excluding from the polls and
offices Of the State all rho actively en-
gugcd in the rebellion or garc Il am and
comfort. If the prevalence of the duo
tripe of.secessinu is to be accepted in cS'
'enuaton of those thus engaged in the
rebellion, the soldiers. Of Stuart aud Ear
.ly, if the war had continued, might have
claimed the right Of suffrage unchaI.
lenged. The tenth srciion ofnrticts .frst Of
the federal constellation docs not limit The
porcr IF a State to fc, change or modJy
tie qualifications Of roters. The right IF
a St1te to regulate The elcctire .franchtSe
is absolute and mqualfe'i, mder N"
Foundation Of State authority. TO this
power the right of people to participate
in the Legislature is subordinate. Gu
zenship aud suffrage arc not inscpara."lc
the latter not bcin. uniyersal, ina lien.
ublo right, with. which men are endowed
by their Creator. but is altogether con
vcn,ionnl 1t is question of mere civil
polity. to be arranged on such IL basis as
the majority may deem c1pedient w.'h
reference to the moral. physical and IN
trllectual condition of the Particular
State. A legal voter is certainly he who
has the right to vote bm'hc t'w appoints
a. means whrmby 10 dcc"tc S"rh r'yh|
Limi'ations If this character are 10 OPP
Grafton in other States. The jeal"u,y
of federal inhuenc" cxc!uled those IN
ac,ua service rram participating ~ c'e''
tons. 1t would he m anomaly II the
sworn enemies Of the government should
he preferred to It's friends in this State
The sano power which disqu lifted free
,o.orrd mrn in 1901, who prior to that
y.nr were. entitled To vote, r"ablel th"
Couventicn of 1861 10 Disparity all wh"
had been In ARMED hostility to the Cn'
red States Every government >h"n''
confirm in itself. The ,aennS Of lis nwn
preservation, md. for that elsnn The
REGULATION of tn" right Of suffrage was
RESERVED BY the States.