The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-07-08

wrongs, and no appeal from theiiE fat.
All WHO were rebels, and thousands who
were not, having been disfranchised, a
vote was taken upon the Amendment,
or upon the question whether the rebels
should be disfranchised. This was
certainly curious proceeding. 1t was
like hanging first and trying afterward.
If the registration act was right and
lawful, what need of the Amend
menti If it was illegal, how
could legal ratification be
obtained under ,iti It has
generally been the custom b make
Legislative acts conform to the Constitu-
ton. In this instance, the order OF
proceeding was reversed and the Consti-
tuition altered to suit the law. What
adds to the odium of the trick by which
ratification was obtained, is the fact
that the Test Oath, then enforced, has
been declared Inconsistent with the
Constitution as It then stood. The
same Oath which was required by the
registrars of May 'G6, although in
existence in '65, had been, disregarded
by some of the election officers in Octo-
Der of the last named year. Some of
them were prosecuted, bnt in no case
was prosecution sustained. The State
Courts decided that the Oath of 'G5 was
unconstitutional. Yet that same Oath
was required in 1866, and the require
ment contributed largely to the ratitica-
ton claimed for the Amendment. We
conclude then that as the proscriptiWs
clause of the Constitution was placed
there by palpable and admitted fraud,
it is the duty of all who would not per-
petuate a public wrong to insist upon
its removal.
But some seek to justify distranchise-
ment as measure of "self protection"
Such an argument fails when we con-
slider that no such protection has been
needed against rebels in West Virginia.
Governor FOREMAN sent troops among
the people of the Greenbrier Valley be-
cause the Test Oath of 1865 was not there
and then enforced. This was the front of
their offending and furnished the ground
for endless outcries about their lawless
proclivites. The Courts having since
decided that the Oath in question
should not have then been enforced, we
see that the rebels of that region, in
stead of opposing the laws, were actually
standing up for the laws, and that th e
authorities who were trying to enforce
what was not law were guilty of the
only offence in the case. The Consti-
tutional Amendment, although illegally
adopted, has been acquiesced in by all
the rebels of the State. How can they
be considered dangerous to the peace
and "loyalty" of the State when they
calmly ADMIT to their OWN disfranchise-
mcnt, although effected by legislative
chicaneryl
If this ''self.protection" argument is
good Now, it viii be good at all times,
under all circumstanc and for all par
ties. IF tho party in power can pro-
scribe its opponents upon such apretcxt,
we may look to see the pretcnt revived
whenever party ascendency is menaced.
Prescription weuld hardly be relished
by Republican minority, if a Demo-
cratic majority should insist upon
it as measure of "self-protcc-
ton" And yet the proscriptionists
of West Virginia are engaged in justi-
flying their own disfranchisement should
any change place another party in
power. A slight turn of the wheel may
reverse the political situation. The
minority of to-day may become the
majority of tomorrow. Let us then
reject from our public policy any and
every idea that may be used to harass
the minority, no matter what its politi-
cal complexion.
Look at the result of prescription.
About one-third Of the people of this
State control it. President LINCOLN
said at Gettysburg that the Union
heroes died that "the Govern
ment of the people, by the people and
for the people might not perish for t he
earth" Is it not about time that West
Virginia, "the child of the revolution"
should receive the benefits of that great
principle for which, according to Mr..
LINCOLN, the war was foughtf More
than four years have elapsed since the
suppression of the rebellion. To repeal
the DISTINGUISHING clause of the Amend
ment, by legislative action, would take
at least two years more. Six years of
prescription, without trial or conviction
by "due process of law" is certainly as
much as people who profess to love
law and admire fair play can consist
emily demand. Six days of illegal and
unjustitiable disfranchisement would
serve only to disgrace the State requir-
ing it, under system professedly Re-
publican and free. -
The prescribed people of West Vir-
ginia are not a criminal, or worthless, or
useless class. They represent wealth,
intelligence, energy and influence. True
they are SO unfortunate as to be white,
but they obey the laws, they contribute
to the support of the Government, they
are subject to all the responsibilities Of
citizens. Without their assistance many
State enterprises must halt; without
their aid the educational interests of
their section must suffer; without their
cooperation the moral, social and ma
terIal progress of the State must be se-
rionsly obstructed. Remembering that
We demand of them all that men can do
for the public, let US also remember 10