The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-11-21
THE pEFUycTPLICK AMENDMENT,

or anything Of tie sort. That Amend
ment, not having been duly published,
we take it is no longer proper subject
for legislative action. The joint resolu-
ton, adopting the so,called amendment
of 1866, recites, Whereas, the said
/ proposed amendment was published,
Tor at least three months before the last
General election in some news paper in
every county," &c. (Acts of 1866,
pages I35-l36.) The Constitution re-
quires such publication, and unless it
has been made the Legislature can take
no further action, and the form of the
resolution OF 1866 shows that the Leg
islature then so considered it. If the
recital concerning the Flick amendment
be, according the fact, Whereas the
proposed amendment was not published
at least three months" &c, then the
Legislature have no authority to pro.
coed any further, unless they see proper
to start again at the beginning.
The Flick Amendment, then, we sup
pose, is dead. Rc9uiScat in pace
CAN WE REPEAL AT ONCE AND ENTIRELY
THE REGISTRATION, TEST OATH sYS-
TEN?
Some say this cannot be done while
the so-called amendment Of 1866 re-
mains on the statute book. We are not
of this opinion. In the first place, that
amendment never had any validity.
The Legislature first passed the Regis
tration Act of February 20, 1866 Acts
of 1866, page 74). They provided by
that act (section l2), that as soon as
the first registration was made under it,
no person should be allowed to vote at
anv election thereafter held in the
State, unless he was registered accord
ing I the provisions OF the act. They
then ,,assed the act Of February IS,
1866 (Acts OF 500, page ll9), submit
ting the proposed amendment to the
vote. not of IN, oters having the quail
ifcations required by the Constitution,
but of those whom the Governor and
I his registrars III mt select to do the
votirg-that Governor being Arthur
| |. Boreman. A very sensible decision
has been rendered by a Court Of an
other State, that the Legislature has
no authority to require any qualification
for voting, beyond that prescribed by
the Constitution of the State; and that
if they do, any election or vote which is
confined to those possessing the add,
tional qualifications required by the
Legislature is void. While we do not
assert the binding authority of the de-
cision upon the Legislature of West
Virginia, we do maintain the correct,
ness of the principle it involves. Here
we had registration law passed in or,
der to pass the proposed amendment
disfranchi.ing in advance the very per,
sons whose disfranchisement was
claimed to be referred to the people
then the amendment, when adopted
under the operation of the previous reg
! istration act, is supposed to render the
registration act valid This circular
logic will not stand examination. But
ASSUMING THE so-cALLED AMENDMENT OF
1866 TO BE VALID
As part of the Constitution, it neither
requires nor justifies such legislation as
the present registration act The Con
stitution must be construed as whole.
! That principle is fundamental one anc
universally admitted.
Almost every provision OF Consti
tuition controlled, limited or explained
| iy other Pre- 'isions of the same instru
ment, but they must all be made &c
operate in hfrmon with one another
The so-calleo lmrNdment provides that
no person who has given voluntary aid
to the rebellion shall vote. Very well
Another provision is that
THE TRIAL or ALL CRIMES SHALL BE Ri
JUDY.
If a man is charged with having
given voluntary aid to the rebellion, the
only lrqai means of establishing his
! .uiit is by trial by jury, upon indictment
or by confession in open court (Consti
tuition, art. ., sections s and 10y. An
other provision is Tart ., section y that
no person shall be compelled to be q
witness against himself. He cannot
then be questioned upon oath as to his
ruilt or innocence. If he has been
tried. or confessed in open court, and
his Guilt has been thus legally estab
li.hcd. the only evidence Of such fact
/ i, the record OF his conviction.
: Ii the supposed amendment OF lS6t
he REGARDED, then, as part OF the Consti
tuition, effect should be given to 1t con
sistentlv with other provisions OF the
/ Constitution.
AN ACT IN THE FOLLOWING SHAPE
would effect this object: No person
shall be questioned upon oath, in Court
or elsewhere, as to whether he has OF
has not given voluntary aid or Resistance
to the lara rebellion against the unlteo
States, or be deprived Of any right oil
privilege because he refuses to make
oath on the subject But il any person
be convicted OF such offense, upon triaI
bv Jury or concession in open Court, he
shall on the record of such conviction
being produced, and not otherwise, be
denied for that cause the ri ht to vote
Without admitting the necessity of this
law to restore the ballot to the disfran
chised citizens, we yet contend that j
would express the true legal effect o
the amendment of 1866, if we assum,
! it to be part Of the Constitution. ltha
alwavs zen clear that those who 60
ND an passed that amendment erret
in ST, Ssing tn, under it men could b
disfranc hised :,hout trial by jury.
We have referred thus at length Z
this subject, because in quietly submit