The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-03-22

u y Olc uOlcIiUCtt dSdItlSC oppression anu
tyranny, from whatever quarter and UNI
Every man is interested in preserving it
inviolate, for he knows not how soon he
may be compelled to appeal to it for his
own protection.
That constitution, we think, has been
grossly violated by the recent act which
the Legislature have been pleased to call
3" An act to regulate the registration of
voters" 1t is true that the twelfth sec
ton of the third article declares that
"the legislature may provide for reg
istry of voters" But a registry ismere
~ Il list, a record, or an enrolment;
and the constitution, in the first section
of the same article, has also declared
who shall be voters, in language too
plain to be misunderstood. Thissection
provides that every white male citizen
of the State, who has resided therein for
twelve months, and in the county for
thirty days, shall be entitled to cote (such
are the emphatic words of the instru-
ment,) unless he is a minor, or. of UNI
sound mind, or Il pauper, or Is under
conviction of treason, felony or bribery
in an election. The first section and the
twelfth section are equally parts of the
instrument, and we must give effect to
both. The constitution authorizes the
Legislature to provide for Il registry of
the word uoteYs shall mean. The power
conferred by the twelfth section is,
therefore, nothing more than to provide
that proper lists or enrollments shall be
made from time to time of the persons
who are designated as voters by theco
stitution. No authority has been grant
ed to the Legislature to prescribe who
shall vote or who shall not, for that is
fixed by the constitution itself.
What is then this so-called registration
act, stripped of all false pretences? Is
it an act to provide for such registry
of Uoters as the constitution manifestly
contemplates? Who imagines that it
was intended for any such purpose?
Under the pretence of a registry law, the
first section of the third article is virtu-
ally stricken out of the constitution, and
the Legislature have assumed the power
to regulate the right OF suffrage to suit
themselves. Let us not be deceived by
a name. The act in question does not
provide for a registry of voters, accord
ing to the constitutional Specification Of
those terms, but for the registration of
such persons as the Legislature permits
to exercise the right of suffrage.
Liz NuSollOll, CllCl, Ill lClOICllCC W Vic
constitutionality of the registration act
is simply this: Our constitution has de-
clared that certain persons shall be enti-
tied to cote, and the Legislature, under
the pretence of a registry law, say they
shalt not. The constitution has careful
~ enumerated the classes of white male
citizens who are to be excluded from the
right of suffrage, and the Legislature
have said we will exclude such others as
we please. The Legislature have au-
thority to provide for a registry of vo-
ters-may they, underpretence of doing
so,or by any othercontrivance or device,
regulate the right of suffrage to suit
themselves? We do not think, fellow
citizens, that they have any such au-
thority, and we therefore believe this
registration act to be, in form and in in
tent, in letter and in spirit, Il palpable
violation of our constitution.
The right of suffrage is the very foun-
dation ofrepublicang government. In our
constitutions, both State and Federal, it
is properly placed beyond the control of
the public servants to be elected. What
sort of republicanism is that where the
legislators or officers to be elected may
designate who is to vote, and disfran-
chse as many as they please of those
who would vote against themselves? 1t
seems to us an absurdity almost too pal
pable for argument, and the mere agents
may prescribe who their principalsshall
be, or that the servants of the people,
clothed by their will with certain pow
ers for brief period, have the right to
disfranchise their own constituents,
whether it be done under the pretext of
registration law, or by any other de-
vice. Establish such principle, and
every party that may hereafter obtain
the ascendency in the Legislature, will
by test oath, registry law, or some
other contrivance to evade the constitu-
ton, prescribe their opponents, and reg
ulate the right of suffrage so us to per
petuate their own power. With what
measure We mete unto others, it shall be
measured to you again. The burden
may rest on your adversaries to-day but
it may be your turn to bear it to-mor-
row. Under such a principleit is impos-
sible to preserve q free, constitutional
republic. Onr elections would become
like those OF old Rome, where armed
men took possession of the polls and
drove away their opponents at thepoint
Of the sword. $ :
What limit is there to the DOwer