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

pOlntment whatever, unuer any oushoi
itv or pretended authority, hostile or
inimical to the United States, the
reorganized government of Virginia,
or the State Of West Virginia;
that | have not al any time
Welded voluntary support to any gov
eminent, or pretended government,
power or Constitution within the United
States, hostile or inimical to the reor-
ganized government of Virginia, or the
State of West Virginia; that | will
support the Constitution Of the United
States, and the Constitution OF the
State of West Virginia; and that /
take this oath freely, without any men,
tai reservation or purpose OF evasion
The remainder OF the section relates
to the manner of taking this oath and
its preservation in the office OF the
Recorder of tne county.
The glaring violation OF the constitu-
tional rights of the people contemplated
by this legislative enactment was Sc
verely commented upon at the time by
the Democratic press and conservative
men of the State, and, IN order to make
the Law constitutional, a joint resolution
proposing an amendment to the constI-
tuition Of the State was adopted by the
Legislature on March ], 1868. Agree
ably TO the constitutional provision re-
lating to amendments, it was necessary
that this Joint resolution be adopted hy
the next Legislature, also, ami
be afterwards submitted to q d.
rect vote of the people. in
the election for members of the next
Legislature, however, the unconstitu
tional law referred to above was en-
forced. thus DISTINGUISHING in advance
those who could only be legally distran'
chised after the Constitution had been
amended.
Under this rule, Legislature was
chosen which, on February IL, 1866, re.
adopted the joint resolution proposed
the wear before. On the Goth OF Feb,
ruarv, 1866, he original Registration
Act was passed, requiring, as a condi
ton precedent to registration and voting
the taking of test oath nearly iden
teal with the one adopted a year before
AMI enforced at the previous election
with the omission OF the clause begin
ming, that | have not at any time
yielded a voluntary support 10 any
government" DC. The provisions OF
the act in relation to the appointment
duties and immunities Of registrars were
nearly the same as those now existing,
On the 2Sth of February 1866 an act
was passed for submitting to the peo'
pie Of the State the Amendment to the
constitution which had received the
sanction OF the two legislatures The
election was held on the Fourth Thurs,
day in Nav 1866, and no person was
permitted TO vote for the ratification or
rejection of the amendment who had
not taken the test-oath and been regis
tered in accordance with the provisions
of the Registration act passed on the
Goth of February By this means. an
apparent ratification of the amendment
was had, and Governor FOREMAN issued
his proclamation declaring the amend
ment a part Of the constitution of the
State Of West Virginia.
The position was taken by the De.
mocracy in 1865, that the test-oath then
enforced was entirely without any war
rant in the Constitution and therefore
Mil and void; that no decision OF any
court was needed to so declare that the
act was void ab initio, and that officers
of election obeyed it at their own peril.
An address TO the people was issued
upon this subject by the Democratic
and Conservative Executive Committee,
of which DANIEL LAMB was at that time
Chairman, in which these views were
advocated with SO much force that the
Legislature thought it necessary, on
the 18th Of February, 1866, to pass an
act entitled an act to prevent and pun
ish the forcible or unlawful obstruction OF
public justice generally known as the
Gag Law denouncing heavy penalties
against all who, except in the courts,
called in question the constitutionality
of acts OF the Legislature.
The amendment of 1866 having been
adopted in the fraudulent and illegal
manner referred 10 above, in direct
violation of the requirement that it be
submitted ito the voters of the State for
ratification or rejection" has been
acquiesed in because the party in power
chose to consider it in force; but tha: i.
has ever been legally ratified or that
the qualifications of voters have ever
been legally changed since the adoption
of the Constitution of West Virginia,
we deny, and we believe that the opinion
of the best lawyers in the State or in
the United States will sustain us in that
denial.
The system OF disfranchisement was
created by legislative enact
ment; it has no better authofisy to rest
upon than IN act of the Legislature