The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-04-13
WEDNESDAY,, APRIL y, 1870.


Ter nbHFUe 37t6th4 CO1lulY- ttul VIeotiVH'
know th6a6fA CAplendu eut ir4dfed ana
il declares that no citizen shall be depriVod
Of tho riaht 10 vote by reason Of his race
or color. But the Constitution Of the
United, States does not operate directly on
the officers Of q State. They can only
obey tina laws and constitution OF the staIe,
which, must 30 presumed to be In contor,
mitv IN the Constitution Of the United
STATES The constitution of this STATE,
S,;II y,cyE,its oIly the 1white2 male citi'
2ens 10 vote and the registry law authQ;
rlzes onlS spcht be RS 3teted3 NOW aIs
not our ot9eeras0R reeis tratlop bopn9iale
execute the law as they find III ana
must they not refuse 70 register any but
the white male citizens, until the State
constitution ind the statute be amended
nv competent authority? Think So"
Our correspondent, we think, takes an
Crrousougylew Of this matter throughout,
He efrsiil sapposing that the Constitution
ofthc United States does not operate d.
tectly upon the officers of the State;
whereas every citizen Of every State,
whether officer or not, is obliged 10 take
notice oFits provisions. 2 Every officer Of
the smT rom highest 70 lowest is sworn
10 do go The Constitution Of the United
States Is the supreme law Of the land,
notwithstanding anything contradictory IN
the organic 81 statutory law Of any
State. This Is the language Of the Con-
stitution itself, and Of course not disputed.
Whenthe XVIII Article was proclaimedas
ratified; 4tbecame the supreme lawnf the
land relating 70 sufragc, everything pre-
viously existing to the contrary, whether
In the instrument amended or in the Con-
sti,ution or statute Of any State, yielding
to It's superior force and authority, Since
its PRONUNCIATION u new law has OBJ
tanned in relation to the suffrage through.
out every State in the Union, and every
body Is bound 10 take notice Of that law,
10 obey 1t Il his official duties bring him
in contact with 1t, and 10 respect It II they
40 not. It is for this purpose that the
ratification Is officially and formally pro-
claimed.
1t would be very anomalous ir.a new
provision Of the Constitution Of The United
States became operative only when and
where the local laws conformcd to II, and
remained in allegiance where they did not.
Yet this would be the flct If State and
county officers made the State laws their
sole guide. Tic object Of m amendment
to the national constitution could easily
be defeated II this were admissible, be-
cause If those controlling the legislation
ola State we're unfricndly to 1t they would
postpone tic act Of conformity or rctttseit
altogether. Tho Constitution would then
be the supreme law in some States and no
law in others. Some Of the States would
he in resistance, notification or rebellion
against tho national authority.
Itisas plain as sunlight that whatever
there was in the constitution or statutes Of
this or any other State before the prolnul-
CATION Of the XVIII Amendment at vari-
ance with It's provisions, ceased to be law
when that Amendment by proclamation
became an article Of the Constitution; and
that whoever resists or Obstructs the due
operation Of that article exposes himself
10 civil rcmedie ut the hands of the party
aggrieScl, precisely rs ifhc infinged any
other right Of any citizen.
The word "whitc" Is still in our written
Constitution, 1t Is true; but 1t is no longer
, in the real Constitution, the law, Of which
tho written instrument is but the visible
sign. "a slaw Of superior authority has
removed Il, and thcword cumbcrs the writ.
ten Constitution to-day as nero dead
body. Our correspondent errs, also in
respect to the provisions of the registry
law, Ths;Word"white" does not occur in
It's definition Of qualifications. II requires
the registration of the QUALIFIED voters"
and IN asCeftaining who are so qualified,
the State Constitution Is to be read
rs modified, by tho Constitution Of the
United States, both Of which instruments
the officers are sworn to obey. HcncefOrth,
therefore, tho officers Of registration have
nomoreto do with u mans olorthan with
his religion. The facts they have toHscer'
tain are these /, Is the applicants citizen
ofthG United StatesY Is lie male and
will he be 81 years old on the day Of cleo
tIonP Win lie on the day Of the election
have resided in tho State a year and in tho
county, 90 days next proceeding Does
he reside in tho township in which he of!
fers toregisterl Tshc tofunsolnd mind,
ora paupcr, or under conviction OF trea'
con, felony or bribery imam election! Did
he not after the lat day of June, 1861, give
thercbellion against the United States vol
untary aid or asslstanccs, These are tho
tests, and oil the tests, now authorized by
law, and IL any citizen entitled to vote
Under them should bc excluded by any I'D.
ditional test, the officer excluding him
would undoubtedly do so at his own
peril. Elac Sfel. anivrE4
WHEN the Republicans had control Of
the New York Legislature they enacted
the celebrated Excise law, the most con.
splcuons feature Of which was clause
requiring suspension Of the salc OF liquors
on Sunday, and the closing Of all bars on
that day. The Democracy assaulted ittbtt-
tcrly, and promised 10 rcpealit It. The Re
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