The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-02-20

4
| reposltors OF the powers of soverpmanf
IN TINS state are to exercise thoss noxVers9
answer, emphstically. the ya,srs Of
| the State and the officers of tbs -.
ment acting directly or indirect,ys $500 yUraa.
the Will and appointment of the vntars.
and this, Sir, brings US to the main onss
ton. Who are the voters of the Ststs,
This. Sir, is the main question, and Is
fully answered by the first section of the
third article of the Constitution, which
is in these words: The white male
| citizens of the State shall be entitled ia
vote at all elections held within tho
election districts in which they respec.
lively reside; but no person who Is a
minor, or of unsouud mind, or a pauper,
or who is under conviction of treason,
felony, or Bribery in an election, or who
has not been resident or the State for
one year, and of the county in which he
offers 10 vote for thirty days, next pre-.
cedinC such offer, shall be permitted to
vote While such disability continues"
Aud this constitutional provision
admits of no enlargement or diminution
by the statute laws of the State unless
those laws shall be in conformity with
powers expressly granted by the consti-
tuition, butsuch power is granted TO the
Legislature to IL limited extent by the
9TH section of the Sd article of tho con-
stitution, which provides.
Every person elected or appointed 70
any Office of trust civil or military,
shall, before proceeding to exercise the
authority or discharge the duties OF the
same, make oath or affirmation that he
will support the constitution of the
United States, aud the constitution of
this State; and every citizen Of this
State may, in time OF war, insurrec.
tiou or public danger, be required by law
TO make the like oath or affirmation,
upon pain ofsuspeusion of his right OF
voting and holding office under this con.
stitution."
Now, >ir, by conceding this, which
every candid person will readily do, that
minor Is q person not yet twenty-one
years old, we have the legitimate doduc-
ton from the premises already estab.
lished that every white male citizen Of
of the United States, over twenty.ons
years old, residing in this State one year,
aud in the county where he offers TO vote
for thirty days, is entitled TO vote In the
township where lie resides when an elec.
tiou is held in said township, unless dis.
qualified by other provisions OF lst SEQ.
ton OF article third of tue constitution.
But have admitted under the premises
have already established that the Leg
stature may impose an additional re.
stUiCtiou by requiring the voters 10 take
au oath to support the constitution of
the Uuited States, and OF this State. I
admit this because there cannot, from
the very nature Of the grant, be any con.
stitUtional question arise as to the "time
Of war, iusurrectiou or public danger"
FOR the Legislature is the judge of that
matter, aud its act Is its Judgement, for
which it is responsible only TO its mas.
tiers, the people, or 10 make it still I LATIN
CT, the Legislature is clothed with disore
tlOnary powers as 10 this matter, having
the right both to decide and act, aud It's
act Is final until the next session of the
Legislature, at least, but ia the mean.
time their act, OF failure Ito act
may be criticised and carried into
the election by the people, and
there be sustained oI condemned
aud 10 the meantime the constitution
llity oi that act cunnotL Le questioned
Dy any executive officer or judicial
tribunal But if tho Legislature en-
large upon the grant oi power given by
the constitution, such "a requiring ad
ditogal OatLs or other restrictions, thar
the judicial branch Of the Government
may when proper case IS made out
.Uterpo5e its power TO prevent wr0Bs
and punish any one Tor entor cling upcon
5ttutional legislation aud a second uu
act protecting the first
would probably be disregarded by al
Judiciary, and promptly
condemned by an independent people
But sir, 4 collateral question has beoD
raised here as % whether delineated
provisions OI the Constitution eliminate
legislative action they are conventional
'yu5 upon which the Legislature may
enlarge iu the statute have assumed
u the remarks | have already made.
that deliuoatcd provisions are eliminated.
over or beyond which the Legislature
.aUuoi pass a valid act Now, SiI
whilst 50 appears 10 me that this propO.
tliOu should not be questioned at all.
lul IU my opinion, cannot be success
I'I, lu.5toued, set through Difference
~ chose Who hold a different opinion OF
lAve acted without any opinion, rs the
case may be, | will respectfully submit
.u argument tU sustain my opinion and
rs basis OF illustration will quote the
l.th see Of the 18th art of the Ccnstitu.
ton. 'Noporson shall become a member
Of the Legislature, who shall not have
resided within the district or county for
which be was chosen, one year next pre-.
rndIug his election, &C. and also
quote the 4th sec ofth ID article OF the
No persons, except citi
zols entitled 10 vote, shall be elected or
fppy.lted 10 any State, comfy or mu.
IlCipal Office Judges must have at
tanned tho age Of thirty-fye years, and
.he Attorney General and Senators tho
igc Of twenty-five years, 1t the begin.
Iiug Of their respective terms OF service
,ui must have been citizens Of the State
or fve years next preceding. or AZ the
inc TINS Constitution Yocs into opera
ion
Then Six ] viii Te5tate my propos..
ion, which is this When the COusti.
utiou ds!ineates any matter, (whethef
Is u t.Ee, place, qualifications, disab!li.
.je5 or anything clse) such delincatio1
eliminates valid legislative action in the
rrcmises+ for example, n Senator, lin
lddItion to other quaiifcations) must
have attained thd age Of twenty-five
gears, and shall hare been Q resident Of
he district from which he Is returned,
-Or one wear next preceding his election."