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

We promised in our last number to advert to the
mode by vhich it is sought TO iasten upon the peo-
pls Of West Virginia the odious test OF citizenship
proposed to be incorporated into the Constitution
81 the State. We then protestedagainstt the amend
ment itself as in the nature Of post fdeto law
and Tor that reason aud on the other grounds urged
itsrcjcction. We now proceed to redeem our pledge
By the Cd section Of Art 18th Of the Constitution
ave ind that
ANY amendment 10 the Constitution Of Tie State
NAV be proposed In either branch OF the legislatures
and il the same. being read on three several days
n each branch, be agreed TO onis third reading o!
majority of the members elected thereto, ihe pro-
posed amendment. with the yeas and nay thereon
shall De- entered the journals, and referred to the
iegssture al the 6rst session % Dc held alter me
next general e!ccton and shall be published AZ least
three months before such election. &c Ana Il inc
proposed amendment be- agreed 70 during suca seS-
sion bv a majority Of the members elected TO eaeh
branch Il shall Be- the duty OF the legislature 70 pro
vide bv Law after submitting the same 70 the voters
OF the State for ratification or rejection. Andu
majority OF the qualified rioters, voting upon tae
question al the polls held pursuant 10 such law,
ratif the proposed amendment, il shall be in force
from the time Of such ratification, as part OF the
Constitution Of the State
To pass an amendment 10 the Constitution of the
State, therefore requires the adoption OF It by one
legislature and a succeeding one, and finally rai-
6cation BY 81 majority Of the qualified voters OF
the State The question then arises who are quail
lied voters Of the State This is answered by the
Ist See Of Art ,, the white male citizens Of the
State shall be entitled to vote at all elections held
within the election districts in which they respect
lively reside; but no person who is minor, or OF
unsound mind, or pauper, or who is under eonvic-
ton Of treason felony bribery in an election, OF
who has not been resident Of the State for one year
and Of the County in which he offers to vote for
thirty days, next preceding such offer shall be per-
mitted TO vote while such disability continues" 1t
follows, then, that the qualified voters, withwhom
rests the power finally to adopt reject proposed
amendment to the Constitution, are the white male
citizens Of the State who are not minors or "Of
unsound mind" or "pauper," &c, and who have
been residents of the State for one year, &c. The
persons, thus distinctly indicated, and whose quail
fcations are thus so specifically and Enthusiastically
defined, are the voters Of the State to-dGy.
These provisions have not been modified or chan
ged in one syllable or letter. but, in part comprise
the organic law Of the State nop. Its true, two
have recommended the adoption Of the
amendment, TO which We referred in our article OF
last week but We presume that no one Is so stoldor
stupid as not 10 perceics. that until ratification by
the qualified voters Of the State of course IN
der the Constitution Of the Statel no proposed a
becomes part Of the Constitution, or
has binding effect or force upon the people.
We could scarcely believe, we're not the strange
fact now confronting Us. that there could Be found
a combination Of men sufficient in number 70 con
,ttutc party organization, Of even respectable i'm
portance who would maintain that IL was within the
power Of the Legislature, BY asimPle act Of its own,
70 alter the Consultation Of the State in one Of its
most vital essentials and deprive the people Of the
solemn right, retained and reserved % themselves
Of changing, or preventing modification Of their
laws.
And vet, that daring act Of usurpatiOn has been
attempted and its success or failure viii, in all prob
ability, depend uYon the result Of the election on
the 2ith Of May. A registration law is the means
70 beemployedby theaCvOeatesof the scheme to ae-
compllsh their purposes.
Such an act was passed by .he last Legislature of
West Virginia. and is relied on 20 exclude from all
participation in the election thousadsof the equal
fled voters " recognised by the Constitution ana
thus practically secure to the projectors O. the plan
the benefit Of the amendmsnt before its adop ION
In other words, test Of citizenship different l-om
that known TO the Constitution proposed to be en-
grated upon it, but in order TO determine the qGes
ton whether such test shall be so adopted, they
strict the privilege of voting upon to those only
who will be entitled to the right of suffrage after
the amendment shall have been adopted
Let us examine the process by which this has
been done.
The Legislature Of 1865, elected without any ref
erence to Constitutional amendment of any sort,
initiated the one obesubmited to vote at the cleo
ton on the 2itb inst.
AT the election, then, at which that legislature
was chosen this subject was not before the people
it was nowhere discussed as matter likely TO at
tract the attention Of that body The people, there
fore, we're not permitted TO choose their delegates
TO represent their wishes either for or against the
measure. II was, however, passed, and after It's
passage, knowing, as its friends did, that it would
require the sanction Of the next legislature before
it could become part Of the Constitution, they on
the 18th Of February, 1865 adopted " an act to a
mend the laws relating to elections by the people"
the voter requiring him to swear that he had not
voluntarily borne arms against the United States,
the reorganised government of Virginia, or the
STATE Of West Virginia and that he had never vol
UNFAIRLY given aid, comfort OF assistance toPersons
engaged in armed hostility against the United States
the reorganized Virgins, or the State
Of West Virginia, &c, &c" The object OF tbs act
is sufficiently plain from its very terms.
The sanction Of the next Legislature to the pro
posed amendment was necessary; and it was well
known that such a sanction could not be obtained,
should its election devolye upon the voters reeOg
nized as qualified" by the Constitution. The
trainers Of the amendment foresaw that majority
Of the members Of the succeeding Legislature could
not be secured, through the sufrages Of the Constr
rutional voters OF the State, to support the mon
strous measure, and that upon fair trial Of 1t be-
fore the august tribunal ofpubie opiniOnitwoudb be
indignantly condemned and rejected aud that leg
stature would be chosen to record that rejection.
The act then Of the 25th February, 1865, combining
the privilege Of the elective franchise 20 those only