Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-07-21
CONSERVATIVE STATE TICKET.
THE AMNESTY PROCLAMATION;

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Enquiries inuumerabe have been made Of
us, as to whether the recent proclamation OF
the President granting amnesty for past
political offences, would have any effect in
restoring the citizen TO his rights as voter
in West Virginia Without pretending to
enjoy any special information on the subject,
or presuriing to advise those whose opportu-
mites for correct information are as favorable
as ours, we have uniformity maintained that
the proclamation referred to not only released
all ofenGeis from the pains and penalties
attaching to political offences, but also restored
to all those rights and franchises which they
enjoyed before such offences were committed,
and we think the proposition is plain one.
E. In a Republican government, such as ours
was, and is still supposed to be, the natural
arrives at the age Of twenty-one, is that of
citizenship, of which he cannot be deprived
except by the commission of some act against
the peace and order Of the State ;; and only
then, upon trial and conviction for such Of
fence. This then, being the natural status,
between him and the enjoyment of his citizen
ship, nor can it legally enact provision for
clrtailing his privileges as citizen-among
which privileges may be enumerated the right
Of suffrage. Such act upon the part Of
the State is usurpation, and should be resisted.
IF on the other hand, any of the clearly de-
fined crimes specified in the constitution
such as treason-are committed by the citizen,
either against the State or general govern
ment, he forfeits his rights of citizenship, and
becomes amenable to the government for
his offenses. But he must be found tc have
committed these offences by lawful court
of the State or general government, before
any penalty can attach to his crime, and the
mere charge that he is guilty cannot operate
to his disfranchisement; and any law to effect
such result is without constitutiJnalsanct
The tcs.:caths which partizan bigotry and
official rccklessncss have forced upon some of
the States-and among them West Virginia
have been decided unconstitutional by the
highest legal tribunal in the land and yet, for
the lack of efficient administration, they are
allowed to have force and effect, and by their
operation, hundreds of thousands of citizens
are kept from the polls, whilst the vicious and
unprincipled who have no regard for an oath,
are vested with the ballot and control the
State governments. This is the effect of the
test-oaths unconstitutionally prescribed, But
West Virginia, through her vindictive rulers, |
and under the operation of the test oath has
gone farther, and fastened upon the State the
following amendment to the Constitution
No person who, since the first day of
June, 1861, has given or shall G i've voluntary
aid or assistance to the rebellion 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 discharged
thercfrom"
Aquestion naturally suggests itself, How
are we to avoid the provisions of this amend |
1nent 2" The reasonable answer is, that it is |
in autagonism with the Constitution, and le- |
gally, as consequence, its provisions should |
be imperative and have no effect. Radical |
ism may put in the plea that the State has
the right to regulate suffrage for itself, and
the doctrine is a good one, but as they have |
walked over and trodden down the |
rights of the States in both Houses of Con-
gress, they have no right to claim any of its |
benefits. The question of suffrage properly |
belongs to the States, but the party in power
have not seen fit so to regard it. If they had
adhered to the constitution il this respect,
there would now be no trouble about the re-
;toration of the Union, and the equality Of its
members. The amendment to the cons titu-
ton of West Virginia is in violation of that
constitution, and was not adopted in accord
ance with tiis forms therein pres cribed, be-
cause it was made operative before its adop-
ton, in excluding from the polls those whom
it was designed to disfranchise, and under
such operation Legislature. was elected to
secure its ratification. 1t is in violation of
The constitution of the State, and of the Uni.
ted States, because it makes provision for the
punishment of offences already alleged to
have been committed, and is therefore retro
spectiye in its effect. The passage of law