The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-11-29

1 ShSSe was shos o hiihoiitt vi ~ w.
zens got control Of the State, and have
ruled it with a despotic hand.
fthis priyation of the right to vote
was to punish citizens who had given
aid or assistance to the rebellion, then
according to the definition OF Chief
Justice Marshall, Chancellor Kent and
other sages of the law, and repeated de-
cisions OF the Supreme Court OF the
United States, in former as well as
later times, the proceeding was er post
faeto-prohibited by the Constitution
ofthe United States, and utterly void
THE FLICK AMENDMENT.
II, however, the amendment be ac-
quiesed in, it is thought by many that
the early adoption of the Flick Amend
ment, by special election, is the most
speedy and certain mode of enabling
the disfranchised citizens to vote on the
question of a Convention, for delegates
and on the ratification Of its acts, as
well as on all other questions. Though
it was charged by Republican leaders
in the late canvass that the vote OF
Democrats agreeing to the proposed
amendment, was an endorsement of negro
suffrage tits too plain for question that,
il the 18th article Of amendment to the
Constitution of the United States be
recognized as adopted and valid, men,
bers of the Legislature may agree to
the Flick Amendment, with protest
against negro suffrage-which isalready
enforced-.and submit it to the voters,
who may ratify it, and yet not approve
negro suffrage.
Unless, however, the proposed amend
ment was published three months be-
fore the last election, in a newspaper in
every county in the State in which one
was printed, the requsition of the Con-
stitution has not been complied with.
But though this amendment be aban-
doned, will not the question as to the
recognition Of negro suffrage arise when
ever the Constitution is in any way
amended in this particular? Recogniz-
ing the fifteenth article of amendment
to the Constitution of the United States
as the supreme law on the subject, when
State convention declares, in the Con-
stitution, who shall vote and who shall
not, will it not conform its definition to
the paramount law? 1t would seem
that this question must De met by who
ever shall amend the Constitution.
AMEND THE CONSTITUTION.
1t is supposed, however, that whether
action be taken on the Flick amend
ment or not, toe organic law should,
unquestionably, be amended in other
respects than its regulation of the right
of suffrage. twill be the duty of the
Legislature to provide for taking the
sense of the voters on the question OF
calling a convention to amend the con-
stitution, so as to reduce the number OF
officers and lessen the expense Of ad-
ministration, and more effectually secure
the rights of persons and property, pre-
vent special legislation, and guard the
public welfare and promote the com
mon property. The machinery OF the
State government must be simplified,
and its consumption Of the substance of
the people diminished. Who then may
vote for members of the convention,
and finally vote for such amendments
as it may frame2 1t is certainly the
will Of very large majority of the citi-
zens-even Of those who now enjoy the
right to vote-that all the citizens who
enjoyed that right before the late
amendment, should exercise it again, as
soon as practicable How and when
may they do so?
The sovereign peeple-at least the
few who, in the turmoil and uncertainty
of the late war, acted on the subject
prescribed two modes by which they or
their descendants would hereafteramend
the fundamental law which they made.
One of these, as set forth in the Consti-
tuition, is that the Legislature shall pro-
vide for the taking Of the sense of the
voters on the question of calling Con-
vention, and that the acts Of the Con-
vention shall be submitted to "the voters
of the State" for ratification or rejec-
ton.
The citizens who have the right to
vote have the sovereign power Of the
State. But the sovereign citizens can
not prescribe any rule for the amend
ment of the fundamental law by which
they govern themselves, that they can
not modify or repeal. They can not by
any such canon conclude themselves
and their posterity, as to the manner OF
their own government, or who they will
allow to participate in its exercise.
What one sovereignty may do with
another, by coalition, confederation or
other compact, is not here considered.
When a part Of the citizens, exclusive
Of others, enjoy the sovereign power, it
would seem unquestionable, that they
may confer on the excluded class parti-
patton in the government of the whole
community.
1t is supposed that the sovereign citi-
zens may, in proper manner, delegate
to their representatives in convention
so much of their sovereign power and
withhold so much as they please. The
neglect, however to indicate whether
the whole or only part or what part
of the power is conferred on conven-
ton, or whether its action shall be final
or subject to ratification by any class
of citizens, and, if so, by what class,
may occasion doubt and controversy.
Hence it is important that the Legisla'
ture, or whatever authority propounds
to the sovereign people the inquiry
whether they will delegate power to
convention, should in the act on the
subject declare distinctly how the con-
vention shall be constituted, what power
shall be conferred on it, whether its
action shall be final, and, if not, to
whom it shall be submitted for ratitica-
ton or rejection; in order that they
may pronounce their approval or disap-
proval of the programme.
LET THE PEOPLE SAY WHO SHALL VOTE.