The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-09-06

49,; vi hi9 opposition to official
ii, ,', and public wrong. Pass.
ing rom this subject Colonel smith re-
Nle"eu WIN great power the character
ahu purposes OF the Act for the Rpois-
.ia.,on OF voters. lie established that
NINE the constitution alone could and
ulo prescribe the qualifications If voters
we Legislature had sought through the
hegis.ratlon law, to impose tests and
!ualiilcauohs not contemplated bv the
instrument which had determined the
s,anaafu OF suffrage. No such oath as
that embodied in the law in question
was prescribed in the Constitution. and
IN making an additional and unconsti
tueiohal test, the Legislature had trans
crossed the authority and had been
guilty OF flagrant injustice. Their own
actloh IN enactlng the Constitutional
Amendment which embodied the test
oath showed that they Were conscious
oi enelr guilt. II the Registration Law
were Constitutional, why pass the
Amendment? If the law were uncon-
stitutlonal why enforce it? They knew
they had committed wrong by the
passage OF the law, and they had sought
10 right 1t by the enactment of the
Amendment. They had reversed the
whole order of Legislative proceeding,
and instead of enacting laws in pursu-
ance of the Constitution, they had alter
ed the Constitution to suit the law.
Passing the question of the illegality of
the act the Colonel adverted to the use
less expense 1t entailed upon the people.
Here, he said, was an infant State, in
first stages OF its career. 1t was impor-
tant that economy and prudence should
characterize our legislation, so that the
people might not be burdened, nor the
progress Ofthe State INSTRUCTED by heavy
and useless taxation. It would have
been far better had the money required
to enforce the Registration law, been
applied to works of internal improve
nent or the development of our mine
raj agricultural resources. In every
valley and beneath every hill there
slumbered mines of wealth whose de-
velopment would speedily enable West
Virginia to take Il prominent position
among the States of the Union. In
stead of directing our legislation to up
building our State and enriching our
people, we had been degrading West
Virginia by partizan laws, and impov-
force them. The subject of education
shamefully neglected in the reckless leg
were annually raised by taxation, os-
tensibly for purposes of instruction, but
in his section no man had ever derived
any benefit therefrom, nor could any
tell to what objects the educational fund
had been applied. 1t was of far greater
importance to our people that our school
l., l,n do
school fund be usefully applied, than
be disfranchised and decitizenized.
While discussing the official misconduct
of the Legislature, Col. Smith Wouldnot
forget his distinguished friend Cover
nor Foreman. For his part he did not
propose to make personal assault up
on the Governor, although many truth
full people did say some hard things
about him. He preferred to consider
him in his official capacity, and with
this view he introduced the Governors
action in relation to the appointment of
Of. ers i'm the Ninth Judicial District.
The Colonel showed that at an election
held in that district. Mr.. Price had been
chosen Judge, and that the Governor
had declined to issue his commission,
but had appointed in his stead one Nat.
Harrison, an individual far more noto-
rious than distinguished. In thus dis
regarding the popular voice the Cover
nor had done that for which nothing
could be plead in eXtenuation. HIS du-
ty was IMPERATIVE; the Constitution was
explicit. allowing him no discretion.
It was 40 excuse to say that Mr.. Price
.eould not lake the oath: no opportunity
to do 50 had been given him, and even
had he refused, no refusal OF ms couid
i,-tjfy Governor Boreman's oppopafDte"
of an officer who by tn" CONSTITUTION
WINS made ctectire. While the conduct
ofthe Governor WAS entirely without
Justification. the subsequent action OF 'he
/ legislature was still more monstrous
and iniauitous. They had not oh'y
continued in office Governor Boremah $
appointee, but but by special act, naa
made him satrap Of the Ninth District,
with full power to appoint all officers
necessary to carry on civil government
therein. !nasmuch rs the Constitution
made all s,;cl, officers elective, their APP
continent wasa fraud, theirgovernmeht
was a nulIity, Nat. Harrison's court was
an Illegal tribunal and himself no Judge;
OF this obnoxious character, toolollel :
smith declared were the general acts OF
tba Radical party-a party whose mem,