The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-12-14
From the Greenbrier Independent
The Right OF Fra nehise.

The Right OF Franchise.
To Messrs. James II. Ferguson, Charles
S. Lewis and James ". Jackson Mem
. bers elect 10 tie House Of Delegates Of
J West Virginia
| Gentlemen: In my last letter ad
dressed to you, | endeavored to show
that the pretended amendment Of 1866
to the State Constitution, has no validl-
ty as a part of that instrument and is
entitled to no respect as such. | main
| tanned then and | maintain now, that
that instrument, call it by what name
you please, was not submitted to the
qualified voters of the State and adopt
ed by a majority of them. And |
think I established my proposition.
But that it may be clear TO every ones
comprehension, | will add a little now
to the argument.
think that there can be no doubt in
the mind of any one that the Constitu-
ton requires amendments to be sub
mitted to the qualife voters; not to a
part OF them, nor any particular class
denomination or sect Of them, but to all
of them. This was plain, fair and
reasonable. Anything less than this
would put it, at any time, in the power
Of paftizan Legislature, to adopt
amendments, and submit them to their
partizan friends at home; and if
adopted by majority OF them, TO pro-
nounce them parts OF the Constitution
Or they might adopt amendments
bearing very harshly upon the members
OF the Catholic Church, and declare
that Catholics should not vote upon
them-or that members Of the Repub-
lican party should not vote upon thelA.
The Democrat party in the forthcoming
Legislature, would thus have 1t in their
power to disiranchise the Republican
forever, and with as much Constitutional
propriety as the Republicans adopted
the amendment in question. How
would the members Of the Methodist
Episcopal Church. or the Baptist, or
Presbyterian, or Episcopalian Church
like to be disfranchised by such pro
cess? presume that they would rebel
against it, and fight to the bitter end.
1t is a bad rule, however, that does not
work both ways.
You may then ask me what are YOU
for? | answer | am for disregarilng
this amendment You may ask, as |
see it asked in some Of the newspapers,
can the Legislature disregard it; are
they not bound to regard it as a part OF
the Constitution, until sentence of con
demnation is passed upon it 10y the
Supreme Court OF Appeals? | an
swer that it cali. 1t is either a part or
no part of the Constitution. If is no
part it has no force; and so it had from
the beginning, and the question may be
denied by any functionary Of the Gov
eminent who has to deal with the sub
ject. He, however, takes upon himself
the responsibility of deciding correctly,
which, of course, you must do.
What ! desire to impress upon your
minds is this, that an attempt at an
amendm ent Of the Constitution, or an
attempt at law in derogation Of the
Constitution, has no binding effect up
on any one. 1t is in fact nothing
nothing more than burnt threads.
Do YOU ask for precedents? They
can be furnished. In Frierson and
Collier, "a, Alabama r. 100, the court
said: I'VE entertain no doubt that to
change the Constitution in any other
mode than by Convention, every re-
QUESTION which is demanded 10y the in
strument itself must be observed, and
the omission OF any one is fatal TO the
amendment. We scarcely deem any
argument necessary to enforce this pro-
position, &c, &c, And so in the case
of State rs. Williams, ), Wisconsin r,
3OS. And other authorities might be
referred to if necessary.
The forthcoming legislature will he
Democratic in both OF its branches. 1t
professed to be party devoted TO the
Constitution, and whilst do not doubt
this sincerity of its professions, | desire
to see it vindicate its sincerity by its
acts. do not want to see it build upon
any rotten foundation. Let it remove
all the rubbish, not touching anything
that is sound, whether acceptable TO its
Judgment or not, if it be of the Consti-
tuition, and lay its legislation upon
solid Constitutional basis. Nothing less
will satisfy the expectations OF its
friends.
Constitutions are made to project
minorites-majorities can take care OF
themselves; and whenever the dominant
party becomes so reckless, as your OPP
ponents were, as to disregard the re-
ouirements of the Constitutson, il will
be, and ought to be, over thrown. |
have presented two plans of entranchis-
ing all the citizens, each without any
regard to the Flick Amendment. If
you adopt either plan and call Conven-
ton, the Flick Amendment will be an
immaterial thing.
Repeal the Registration law. Give
the people free vote. Abolish all test
oaths. Submit the question Of Conven-
ton to the people, and YOU will deserve
to have it said of you: "Well done,
good and faithful servants.