The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-12-17
ENFRANCHISEMENT
Solid Objections to the Flick
Amendment.

l,ngthy article IN the weston DsnocTa!
under the title Of What can be Done
and What should be Done" addressed to
members of the Legislature. We com
mend it to others as well as to memeers
of the Legislature:
Suppose the Flick Amendment should
be adopted, what would be the result!
Would enfranchiscmcnt follow We
think not; and that result would, at
least, be questionable.
Section .. of Article y, OF the Con
stitution. relative to amendments, pro-
yides that "auy amendment to the Con
stitution of the State may be proposed
in either branch of the Legislature; aud
ii the same, helm. read on three several
dave in each branch, be agreed to, on It's
third reading, by a majority OF the
members elected thereto, the proposed
amendment, with the yeas and nays
thereon, shall be entered on thejourna!s,
and referred to the Legislature at the
first session to be held after the merit GER
craL election and shall be published, al
least three months before such election, an
some newspaper in e0cr copnty IN "h'fh
newspaper is printed
This provision is plain and inahda-
tory. Every amendment "ShaH bsPp5-
listed at least three months bstor: sucn
election" This has not teen dOac! Gov
ernor Stevenson neglected, for what pur'
pose we 10 not know, TO have the pro-
posed amendment inserted in anp paper
in the State, until it was impossible 10
comply with this plain requirement, by
reason of lack of time. and IT '0%S "ot
puJEshed far three aronthS pr.oc - the
last general election!
As LEGAL proposition, &c believe It
is conceded that 70 amend the C"n-'llu-
ton in anv other way than by a con
v-nl'on, ercry rc9ujSitjon whjch is de-
a.1a&ti by tie instrument 'iSe.E, MUST De
OBSERVED. a.d tic omission Of ANY ONE Is
FATAL TO the AMENDMENT! This view
is expressly sustained BY the author.
ties which we quoted last week, VIZ:
/ Gushing 573; STATE rs Mcbride 1, NJ.
3O}: Collier rs Fricrson, ~, Ala. 100.
The Legislature might just As well,
ard with the same propriety, could DIS
pensc with the second passage 10y II OF
any proposed amendment, as to dispense
with its publication. The one is just IA
necessary Is the other. The language
* just Is explicit, the requirements Is
iu,l as strong in one cascas IN the other,
aud compliance just as necessary. Iron
ibis subject we again quote from Cooley
N Constitutional limitations. PIP. n.
The learned writer there says:
I'VE scarcely deem any argument ne
ccs;ary to enforce this proposition. The
/ Constitution is the supreme and para
mount law. The mode by which
/ amendments are 10 be made under it is
c'e4riv defined. 1t has been said GER
+ ,a;n acts are to be done, certain request
tons are to be observed, before 4 change
can he affected. Bat to what purpose
are those aciS required or the those re-
luisitions eujoined, i the Legislature or
any department Of the Government can
RasgenSe ctN tkem7 To DO so would be
10 violate the instrument they are sworn
to support and every principle OF public
aw and sound constitutional policy re-
quires the courts to pronounce against
any amendment which is not shown to
have been made IN accordance with the
ules prescribed by the fundamental
/ law
This is the legal aspect of the case;
and whether our position Is correct or
not, in view Of the past, would II DC SCts
10 trust tn a Judiciary which has secured
| place ,rhoily as rc'oard for parti-an ser
/ cice, to decide that the omission was not
fatal? Experience has taught us that
our Judges will 90 far, rGry far, III order
/ 70 minister to tie base ends OF party;
and in such 4 matter as this, involving,
/ as it does, the liberty OF more than
| 10000 OF our citizens, we would prefer
to leave nothing to be inferred, or TO the
Interpretation OF Iartizan Judges, ,oho
can only hope to hold their positions 6g
continued diJraachiSemem! Their de-
ci-ion, in our mind, would not be Ques
tionable. They would, as in the past,
decide lust as the necessities OF their
party required, and would declare the
| amendment void.
This is our opinion; and whether Il
be right or wrong, We submit that when
there is a remedy for Acknowledgement
which is omen to none of the objections
that can be urged against this measure,
is it not wise, is it not prudent, to pnF-
snp that course?