The democrat. [volume] (Weston, W. Va.) 1868-1874, 1870-12-07

then, was an act of the Legislature, in
plain and direct violation of the Cons;i.
tuition, (and which has since been decided
by Republican Judges to be uuconstitu.
tiobaD making disqualiications unknown
TO the fundamental law, before the ques.
tien mending the State Constitution
had ever been mootcd; for the resolution
for the DISTINGUISHING amendment was not
adopted until The ltof liareh, 1865 and
it was under-this disqualifying act Of
the Legislature that the pretended amend,
ment was submitted-uot to the constitr-
tionally qualified "voters Of the State, " but
to those who would take the oath pre-
scribed by said act. It's plain, from this,
that the so-called amendment was not, in
the language of the Constitution, Sub
mittcd to the voters Of the State" but oaly
to such portion Of them as we're not ille-
gally DISTINGUISHED by the act aforesaid
and it matters not how many or how few
were thereby prevented from exercising
their right. the fact remains, undenied aud
undeniabie, that the Constitution was mol
complied with. 1t is not necessary tina,
those who hold the Amendment to be void
should show that q sufficient number were
DISTINGUISHED to have rejected it; but,
upon the contrary, the = amendment is an
affirmative proposition, and as such re.
quires all the forms aud facts specified by
the Constitution for its amendment; and
iu this case the great, essential, material
fact necessary to its validity. is wanting.
1t was never submitted to the voters Of
the State" and consequently it was never
legally adopted.
Nor Is it Pretended, by the former
friends of this amendment, I'VE are happy
to say it has now nonc) that it was ever
submitted to the voters of the STATE" for
the resolution Of the Legislature declaring
it adopted, expressly omit, to say that it
was so submitted The resolution may
be found on page 1856 Of the Acts Of
1866; and after reciting the amendment
andits former passage by the Legislature,
it proceeds:
"AND WHEREAS, The said proposed
amendment was published for at least three
months bctore the last general election, in
some newspaper in every county in the
State in which there was at that time a
newspaper printed, therefore.
"Resolred, BY he Legislature Of Eess
Virginia, That said proposed Amendment
is hereby agreed to-"
A remarkable OMISSION It recites all
tie iactsneeessary for legal adoption,
except the great, all essential one Of its
Submission to the voters of the State, :"
and its adoption by them; for in no way
has the Legislature declared, or pretended
to declare that this Amendment ras era
adopied by The "roters cfMe State" or by
any portion of tGea! These being the
facts, VIC avail ourselves of the authorities
cited by Judge Thompson upon this ques-
ton, which are so pointed and decisive,
that nothing We could say would add to
their effect. They IRE as follows:
6, Gushing 573; State rs. Mcbride, !
Me-, 303; and Collier rs Frierson, "a
Ala. 100. In this last case the court says:
1--WE entertain no doubt that to change the
Constitution in any other mode than by a
convention, erey rcQuiSiiiOn ,rhich is de-
nlanded by the Instrument ITSELF must be Oh
serrcd, GHdths omission ofany one is futaI
to the amendment"
ave scarcely deem any argument nee
cssary to enforce this proposition. The
Constitution is the supreme and paramount
law. Thu mode by which amendments arc
to be made under tits clearly defined. II
has been said certain acts are to be done
certain acquisitions are to be observed he.
fore change can be effected. But to wha
purpose are those acts required or thost
acquisitions epjoined, i the Legislature OIL
any department of the government ed'
dispense nth Memi 10 do 70 would b,
to Violate the instrument they are sworn t.
support, and every principle of public law
aud sound constitutional policy requires
the courts topronctHce against any amend
meut which is not sic'Hn to have beer
made in accordance with the rules proscrib
ed by the fundamental law.'-CoOIty o.
Con. Lin. PIP 81.
In our opinion, there can be no doub. o
the illegality of this &mendment; but a
the same time, 6r reasons which VIC trus