The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-10-14
What Qualities an Inhabitant Of this
Estate TO Yotes

state 10 Sotes
Editors Of the Register:
This subject, it seems to me, is great
ly misunderstood, and in many cases
most corruptiy administered. Article
Sd, section 1st, of our Constitution
with the amendment thereto ratified In
&c, defines the right so clearly that
"he who runs may read and under.
stand" Section 1st, article Sd, of the
Constitution, reads thus: "The white
citizens of the State shall be entitled to
vote at all elections held within the
election districts, in which they respec-
lively reside but no person who is a
minor, or of unsound mind, or pauper,
or who is under conviction of treason,
felony, or bribery in an election, or
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 con-
tinues."
The amendment of '66 reads thus {:
"No person who, since the lat day of
June, 1861, has given, or shall give, vol
untary aid or assistance to the rebel
lion against the United States, shall be
a citizen of this State, or be allowed to
vote at any election held therein, unless
he has volunteered into the military or
naval service of the United States, and
has been, or shall be, honorably dis
charged therefrom'" This amendment
was proposed by the Legislature March
lst, 1865, while the rebellion existed,
and before the insurgents surrendered.
These are the only clauses in the Con-
stitution, as it now stands, that touch
the point, and their fair meaning and
scope when determined by the rules of
Interpretation which the laws establish
for correctly expounding all Constitu-
tions and statutes-constitutes the su-
preEe law on the subject. Any Act OF
the Legislature that conflicts with the
meaning thus derived, is simply void
and binding on nobody. True, section
10Th of the same Act reads thus: "The
Legislature may provide for registry
of veters,". ".Sc. This section does not
authorize the Legislature to abridge or
alter in any degree the rights of such
Iinhabitant to vote rs before defined, but
only to provide rules aud regulations
for the ascertainment and proper and
free exercise of the right as be-
fore prescribed. By the Regis
tration Law, for instance, to ascer-
tain and make a list Of such as
Mossess ~ the before defined right before
The dav of the election, instead of doing
this while the election is going on, as
vas the practice in the Mother State.
Any law. therefore, which the Legisla-
ture has passed, be it called registry
law or by any other name, that assumes
TO abridCe or alter one little the right
to vote, as previously dehned IN the
constitution. is a nullity, binding on
no one, and whatever officer attempts
to enforce it, violates his oath OF Othce,
which is in effect to uphold and obey
the Constitution, the supreme and only
binding law in such case. The cor
rectness of this, i trust, no legal or
common-sense mind is prepared to
deny. The only question that remains
then. is, what is the right to vote, as
defined by our existing Constitution.
To apply the established rules of con-
struction to the clauses of the Constl-
tuti.n as it now exists, every white
male inhabitant who has arrived at
] mans estate and actually resides III the
election district where he offers to vote
or register, IS presumed TO be qualified un,
til the contrary is made to appear. VIII
any respectable lawyer deny the correct
ness of this proposition l think not.
Then. on whom, let me ask, rests the
burden of showing that the person Of
fering to vote comes within one or more
of the exceptions, viz: That he mas not
resided the requisite time, or that he Is
of unsound mind, or u pauper, or IS un-
der conviction of some of the crimes
mentioned, or gave voluntary aid or
assistance to the rebellion against the
limited States" while it existed, which
must be clsssed equally among the ex-
ceptions. Now, / say the law, common
sense and common honesty place 1t upon
the party objecting or challenging, and
not upon the party challenged, thereby
requiring him to prove negaare, which
the laws of no civilized people IN the
world have before required.
Now. how has "troo loilty" admins
tered these plain provisions OF the Con-
stjtutioni 1t passed what it calls a
Registry Law, whose very genius and
spirit assumes that all the male inhab-
Iitants of the State who have arrived at
mans estate, are not qualified voters,
and erects the most absolutely despotlc
authority ever known, with unlimited
and irresponsible power to challenge
whomsoever it chooses by simply send
ing a notice, and then hold the party SO
notified to satisfy its mind, already pre-
iudged and predetermined, Of course,
before it moves-tkdt he is not dislOydt al
This time: and if he fail, as fail he must,
off goes his name and he is forever dis
. franchised. 1t holds the secret sympa-
thy and emotions of the heart. which nc
man can control, and where there Is
not. nor ever has been, "aDy overt act
sufficient; and when the victim tenders
his own oath, before God, of what his
secret feelings are, or have been, 1t Il
rejected, unless strongly corro6orateo
by the testimony of those who are
, "trooly loil," as to what has really oee'
his secret feelings! ,,,.
encinery of oppression and corruption
thew make our very "loip Governor su
8 lpremc dictator, Win eno
sponsible power of selecting, appoint
ing and removing at pleasure, all lt'
agencies, who are shielded by pre-
| tended law from all liability, civiiil
0 aud crimiually, to those whose mos
q sacred rights they thus trample under
foot. The nero statement is enough
Our very "loil" Governor holding th'
sword as Commander-in Chief of the
It army in one hand, and this terrible en-
J. ginery of oppression in the other, ant
:. himself aud subservient agencies an'
" tools, absolved from all accountability
l. from the parties that shall beaggrieved
and clothed with an absolute power t
s. place any and all of US, simply by tn
:. issuing of a little notice, in the predic
10 ament before described.
l. Let US sweep this disgrace from ou
a n hn IL