The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-11-23

cltiZenS Vi the Se@sS VA
limited States residing therein Arti-
Gle l., section 6 Of the Constitution OF
West Virginia. But there are citizens
who are not voters; but who are and
who are not voters are described or de-
fined by section lst, Article Sd OF the
same Constitution, which says: The
white male citizens Of the State shall
be entitled to vote at all elections heiu
within the election districts in which
they respectively reside; but no person
who is a minor, or of unsound mind, or
a pauper, or who is under conriet'on OF
treason, felony or bribery in an election
~ who has not been a resident OF the
State for one year, and OF the county IN
which he offers to vote for thirty days,
next preceding such offer shall be per-
United to vote while such disability
continues" 1t is not necessary to say
anything about the Fifteenth Amend
mept to the Constitution Of the United
States, as that has nothing to do with
the white man in this connection. Nor
is it necessary to say anything about the
exception as being under conviction OF
treason" for there is not one citizen OF
the State who has been in that con-
dition, or as to whom "such disability
continues.
have given the Constitutional decla
ration upon the subject. 1t is the su-
preme and final law upon the matter,
unless the Constitution Of the State has
been amended and altered in this re-
spect, and that in the mode and manner
pointed out BY the Constitution itself.
Has this been done2 If it has, then
the Constitution must be again amended
before the enfranchisement can take
place. If it has not been amended in
compliance with its own requirements,
then there is no Acknowledgement and
the legislation of the State and the ex-
ercise of duties by the registrars and
officers conducting elections should con-
form to the Constitution, as II really IS.
And if the two latter classes refuse to
do so, they are amenable to all statutes
and suits which apply to them
| use the term amendment in It's legal
or Constitutional sense. When we say
law has been amended, we mean that
the Legislature, in The proper exercise
of its legislative functions, within the
limits of the Constitution, has altered
the law. When we say the Constltu.
ton has been amended, we mean to say
and can only properly so mean to say
that the very manner prescribed by the
Constitution for its own amendment has
been fairly .and substantially pursued
and complied with Article XII OF the
Constitution has two sections, both re
lating to amendment, and nothing else
The first section provides for the call o.
a Convention. This we need not con
slider, for no Convention was called and
no amendment has been 80 made.
The second section provides fol
Amendment by legislative action anc
By rote Of the people. The only poin
necessary to notice is that after any
proposed amendment has been passeC
by the Legislature, in the forms therein
prescribed, and been so published, il
must be submitted TO the qualified
voters Of the State,-not to q part o.
them, not to any part Of them, but tt
all those who are qualified voters under
the Constitution which it is proposed
to amend. This is clear; it is very
clear. Now what are the facts as tc
this supposed amendment to which the
Flick Amendment refers and to which
our people with such unanimity accord
their consent. The Legislature by its
Act of the 10Th of February, 1864
amending or explaining the Act o.
November 18th, 1868, relating to cleo
tons, by section one prescribes that the
oath to be taken by the voter shall be
that he will support the Constitution o.
the United States, and the Constitution
of the State of West Virginia" make
no objection to this oath. All officers
Of the State are required to take it, but
no Legislature, by its own act, can add
to or take from the qualification Of the
voter. This is constitutional provision,
and it cannot add to a voter a 9ualif-
cation which he has not, nor take from
him that which he has. If so, a COM
ing Legislature can say, on a call for a
Convention or on a resolution of amend
ment to be submitted to the people,
that nobody but bankers, or mannfac-
turers, or Republicans, or Democrats
shall vote; or on a proposition to limit
suffrage, no one shall vote but free
holders. These are not very probable
suggestions, but if the power to do the
one is there, the power to do the other
is there
But this, while it may innocently
serve to illustrate the limits upon legis-
latlve power and show how encroach-
ments upon constitutional powers are
gradual, is not the important fact to
which particular attention is called. 1t is
m the second section pfthe act of 10 o5th