The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-02-19

|
The foundation on which rests rspuD'
licap government, is: that the leglsla-
ture shall be chosen by the persons
whom the Constitution declares are vo-
tiers. Our Constitution, made during
| the second OF third year OF the iate wal,
defines theright of suffrage, and declares
with accuracy and fullness VINO snail NC
voters, and through the instrumentaiity
of the ballot box, puts into the hands Oh
the voters the whole material machinery
and power of the government Inns
Constitution reads "That every, citizen
of the United States, residing In west
Virginia, is citizen thereof, anu
that the white male citizens Vi
the State shall be entitled to vote
at all elections held within the election
districts within which they reside, I'M
less thew are minors, paupers, or persons
of upsound mind, or under convlctlon Oh
treason, felony, or bribery in an electlon,
| mr. have NOT been residents OF the State
for one year and of the county for thirty
davs'n Thus all resident citizens are by
| tbe constitution entitled to vote, except
minors. paupers, lunatics and persons
under conriction of treason felony, or
bribery at an election. But our legisla-
ture has altered the constitution by ad-
ding another large list of excepted per-
sons. The legislature excerpts all persons
who have borne arms against the United
States or the State of West Virginia
since the goth of June, 1868 all persons
who have given aid or comfort to per
sons engaged in armed hostility to the
government By counselling countenanc-
mo, or encouraging them in such hos,
tilityi all persons who have acceptea
Office or attempted to exercise the func'
: tions of an Office under any authority
hostile to the United States OF
J West Virginia, and all persons
who have yielded a voluntary
support to any authority within the
United States and inimical thereto
Thus has the Legislature excepted ana
DISTINGUISHED, or attempted to distran'
chise four or FIVE distinct and separate
classes of persons, who are good voters
according to the Constitution A more
palpable infraction of the Constitution
can not be we'll imagined. For the leg
isIature to add to or to diminish the per
, sons who may vote, is radically to change
the Constitution But Every school
bow knows that the mere legislature
can not alter or change the Constitution.
.. The very attempt to do such a thing is,
in political morality, a high crime. To
break the Constitution, is treason
against it; it is to destroy that which
gives TO the State its existence and its
. life, and to rob the people of their most
i, sacred rights.
But the Legislature has violated the
Constitution in another material partic-
ular. In its deep regard and respect for
| the rights Of the citizen and its deter.
mineu purpose to protect and defend
them. our Constitution has declared that
no one shall be regarded as Felon or
Traitor so far as voting is concerned, till
he is conricted of it by the verdict and
Judgment of a lawful court and jury,
on a lawful trial. But our Legislature
has taken the right of suffrage from all
men who will not assume and subscribe
lie test oath, though he may be innocent
OF any offence whatever, whether against
tho government or against good morals,
The Constitution requires no test othas,
a. test of right to vote-but the
LEGISLATURE does Thus setting itself
above the Constitution
But to show the rampauCy and gross
ness of the Legislature, We call atten-
lion to the fact that it does aot make
crime OF the guilt of crime the ground OF
e. 1lnsion of the voter from the polls,
bat the fact that the voter will not take
the oath Thus the innocent and the
conscientious are excluded, while the
pp,jarea are received, upon the principle,
we pre- sumo, OF the political and party
morality, that peTjured men are more
likely to make efficient instruments of
tyranny in the hands of body of usurp-
ers than men who hesitate in the matter
of solemn appeal to God.
But again: Onr Constitution says
that the citizen of Ohio, or Pennsylva-
MA, or of any other State, who has re
sided in West Virginia one year may
vote. Where does the legislature get
tie power to require him to take GER
tam oath, in addition to residency, be-
fore he can vote But if the legislature
nav exclude the voter because he will
not swear that he has not been in hostile
array against West Virginia or the
United States, why may it not exclude
all who will not swear that he never
cheated his neighbor or. bore false wit
ness. or committed adultery, or imprison.
Ell another without lawful warrant, or
never opened or detained the newspaper
or private letter of another without his
consent or that be never violated or de-
parted, knowingly or wilfully, from the
Constitution Of his State or ofthe United
States
If the present test oath is valid it is
clear that such ones as / have intimated
are equally valid. That the present leg
, islature in this instance has wilfully Vi
olited or dIsregarded the constitution of
til, State is proved by the fact that they
al tho same time passed law proposing
that the constitution shonld be so
amended as to give them tie very pow
er they usurped in the passage of this
: vile law
In our next number We propose to at.
tend to the Registry law, and to show
that its purpose is, to give them, the pres
ent faction, control of the State at the
next election, and to secure the proposed
amendment Of the constitution, and
a a sequence the political power of the
State for all future time. 1t is apparent,
that ii is possible that this test oath
MEASURE may, from the Intervention of
Of the Supreme court of Appeals or from
some other cause, fail to accomplish
that holy purpose But with the Reg
istry law they are sure of success against
wind or tide. The people they are sure,