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

the more reasonable of the radicals, desire
that these principles be carried into oper.
alton, land that every citizen Of the United
States" residing in tho Estate" of West
Virginia, shall be permitted to exercise
their will" by voting on any and all
measures which the wisdom of the Legis-
lature may propose, and this privilege this
right, can be secured to them in the way
pointed cut. The Legislation suggested is
free from all shadow Of revolutionary ten
dency about which our radical friedds seem
SO anxious. 1t is but the exercise, by the
Legislature, of its Legitimate and proper
functions; for it will not, for a moment, be
seriously contendcd that one Legislature
cannot repeal the acts Of another; but,
upon the contrary, it is we'll settled prin-
ciple that no act Of one Legislature can
bind its successors. 1t is perfectly COM
petent. as it is perfectly proper for the
Legislature to declare what, under the
Constitution, shall be a qualification to vote;
and it is equally competent and proper fer
it to declare what shall be deemed, under
the Constitution, disqualification.
But this measure, if adopted as we hope
and believe it will be, would still leave. in
the State Constitution, the DISTINGUISHING
clause, which we deem it the duty of the
present Legislature to oblterate, and We
therefore pass to the consideration of the
next proposition, which is to
DECLARE VOID THE AMENDMENT OF 1866.
In order to have correct understand
ing of the merits of this proposition, it is
necessary that we examine the Cous,itu-
ton as it was before the pretended amend
ment was adopted. and see who we're voters
at that time. Section 6 Of Article l Of
the Constitution Of West Virginia declares
that "the citizens Of the State arc the cit
liens ofthe United States residing therein"
and Section l of the Sd article declared
that "the white male citizens of the State
shall be entitled to vote at oil elections held
within the election districts in which they
respectively reside; bnt person wLO is n
pauper, or who is under conriction Of
treason, felony, or bribery in IN election,
or who has not been resident OF the State
for one year. and Of the county 10 which
he offers to vote for thirty days next pre-
ccding such ofer, shall be permitted to
vote while such disability continues" We
have thus quoted in erte"sio the provis-
ions Of the Constitution as it was prior to
the pretended adoption Of the paragraph
under consideration, so that all may see
exostlv what its provisions were. Under
it, every white male citizen, not laboriug
under one Of the disabilities named. were
entitled to vote at any and all elections,
and could not legally be deprived of that
light. The query now arises Has these
qualifications been changed ? or, in other
words, has the Constitution Of the State
been amended F.?
Article Eli of the Constitution, relative
to amendments, contains two sections, both
ofwhich we omit on account of their length.
The first section provides for amending
the Constitution BY a Convention. This
we can pass over without remark, no
Convention having been called. The Sec
ond section provides fer Amendment by
Legislative action and by rotc of The poo
pie. The ouly point here necessary to be
noticed is, that this section provides that
any amendment shall be first passed by
the legislature, then published for three
months prior to the nert general election,
in some newspaper IN each county in the
STATE trherein a paper is printed, then
passed by the succeeding Legislature, and
finally be submitted to the rotcrs Of the
State for their ratification or rejection.
These are the provisions Of the Conslitu-
tion-the fundamental law, and they are
so plain that way-faring man, though .
fool, need not err therein.
Now let us see if these plain provision!
we're complied with in the pretended adop'
lion Of this DISTINGUISHING clause:
Until the 10Th of February, 1864, (act.
of 1864, PIP. 81 the Legislature made nc
attempt to interfere with the right Of fran
chise, and it remained as we have quoted
in the Constitution. On that day il
passed au act, the first section of wh;el
prescribed an oath to be taken by the voter
which Yves that he sheuld support The
Constitution Of the United States and thu
Constitution of West Virginia" This wa.
a gross usuypatioa, for no Legislature eaI