The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-02-24
THE LEGISLATURE.
HOUSE OF, DELEGATES.
WHRELnyo, Feb. 60, 1870.

Taxation, &C., submitted adverse reports
on number Of petitions and resolutions
referred 10 the committee,
Mr.. LAMB, from the Judiciary, reported
back the bill TO amend tho charter Of the
Potomac and Martinsburg Railway Com.
pany without amendment
Mr.. FISHER submitted report from the
Committee on Enrolled Bills.
, RESOLUTIONS.
BY Mr.. TRTRR- Directing the Sccreta.
ry Of State how to distribute Vol. III. Of
tic reports Supreme Court Of Appeals
BY Mr.. BELTzHoovER-A joint rcsOlu.
tion providing for the appointment of a
commissioner TO act in conjunction with o
commissioner of Virginia to ascertain and
define the boundary between the county
Of Jefferson and tho State Of Virginia.
By Mr.. LYECH-Dirccting the Judi
ciary Committee to consider the expelli-
cnCy Of authorizing the, Circuit Court Of
Giliner to rcinstate on the docket the case
of Samuel E. Windal for tho use OF John
Z. Sinnet against ]. NJ. Bennet. accom-
panied by q petition) , ..,
= BILLS on LEAVE. SO
BY Mr.. JUDy-To amend the rcgistra-
tiOn law.
By Mr.. PREcE-To amend and rc.enact
tho charter Of BlacksvillC, Monongalia
county. .g.t.tlIt H.
BY Mr.. NEELY-Fortllo protection Of
sheep raisers.
AMENDMENT TO THE CONSTITUTION. Il
The House resumed consideration Of
the FLICK amendment.
Mr., WEIGH came down from the chair
and spoke IN favor Of the amendment.
Mr. WELoH said lie should vote for the
FMcK amendment, and against MIR.
DAVIS substitute. Opposition TO negro
suffrage had been o part Of tho platform
on which he nm last Fall, but he was not
voting for negro suffrage in voting for this
amendment, because that IL already eS-
tabIished by the 18th amendment to the
Constitution of the United States, and In
recognizing the fact in this measure, he
simply did what he was bound to do rs IL
law-abiding citizen. As to the Cntfan-
ChisCmeMt Of the rebels, no one denied that
ut sonic time they must be allowed 10
vote. The only question was as to the
time. Under tho process proposed by
this amendment II would be three years
before they could vote, and lie did not
favor delaying It beyond that time. lie
did not believe thcadOption Of this meas.
urc would destroy tho Republican party,
hut would have the contrary effect. II
was the only measure now. that could
unite and cement the party. For himself
he was n Republican and expected to con:
tinue one, and was not 10 be kicked out Of
the party by the newspapers
Mr. MAXWELL addressed the House
briefly declaring that negro suffrage was
u fact established by the 10Th Amendment,
and must lie recognized. HG could not
concur with Mr.. DAVIS in continued re-
sistanCc to It. He favored the amend
ment rs proposed by Mr.. FLICK.
Mr.. B0wTER SAID lie should vote against
the substitute and for the original rCsolu-
tion, The 18th Amendment had been
adopted anl negro suffrage had become IL
fixed iact, which his vote could not affect
one way or the other. In voting for this
amendment he was simply voting to sub
nit the question to tho people Of tho
State. If his vote could do away with
tho 18th Amendment, 1t would be n differ:
cnt thing, but negro suffrage was dead
issue, and he voted for the measure with
out any reference TO II.
Mr.. LAMB was Indifferent whether this
amendment was adopted or not. lie held
that the DISTINGUISHING amendment to the
State Constitution did not need TO be re-
pealed In this mode, because It had never
been legally adopted, and was no valid
part of the Constitution. 1t was adopted
under the coercion Of test oath disabilities
which there was then no constitutional
authority for imposing: the election at
which II was claimed to have been
adopted was, therefore, illegal, and
the amendment never really u part
of the Constitution. It followed that
since these tests wero imposed without
authority of the Constitution, they could
he repealed by mere act Of tho Leglsla-
turc. Furthermore, so long Ms the Re-
publican party was in power, they would
select tho voters arbitrarily, us they do
now, whether this so-CallGd provision he
repealed or not. He did not see that II
mattered much, therefore, whether this
measure was passed or not.
Mr.. BRANNoS took u. different view Of
the matter. He thought practically the
amendment Of 1866 would have to be re.
cocnfzcd as part of tho Constitution, and
tlati would DO enforced till repealed in
the mode hero contemplated. he held,
therefore, that the passage Of the FLICK
amendment would be bringing the on
franchisemcnt of the ex.C ContGderatcs GER
tainly one year nearer, aud possibly many
years; because this might be the fortuitous
moment, and IL not improved the meas
urc now rejected might not be Inaugural
ted ;or several years 1t was no time to
deal In distractions, and to reject every
thing il they could not get all they claim.
cd. lie thought practical progress could
be made by adopting this measure, while
by acting aS Mr.. LAMB proposed, none
could Oe. Hc wanted the substance not
the shadow. Hc did not consider that in
voting for this amendment he would be
voting to Cnftanchise the negro, for that
was done by power which rendered.
votes here, for or against, Intellectual.
Mr.. LAMB protested against the idea
that the cnftanChisemcnt Of tho rebels
could I've postponed till 1872 by reason Of
the disffanChising amendment, which
was the legitimate result Of Mr.. Bran
SoN's arShment Even II that amendment
was valid, tho Legislature had no
right to disltanChisc any one under It till
Il had been legally proven that he was
excluded by It. The reason assigned Tor
the tlisrrAnchlscmGnt was the commission
of treason and tho party must be convict
cl Of treason before he could be distFan'
chised, and could only hc convicted by tho
verdict Of q jury.
Mr.. Smith expressed substantially the
same views as Mr.. LAMB. He held that
the amendment Of 1866 had been nuIltly
from the beginning and that Its enforce
mcnl was unlawful.