The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-12-08
IRON the Greenbrier Independent.
The Right Of Franchise.

The Right OF Franchise.
10 .Hsssrs. James H. Ferguson, Charles
=. Le.cis and James D. Jackson, Mem.
Ssri elsa to The House Of Delegates of
West Tryinia
In closing my last letter to you, in
timated my purpose to express nv views
upon the validity Of the Amendment to
the Constitution alleged to have been
adopted in 1866. Since that time,
however, | have seen in so many papers
OF the State, the subject taken up by
the editors and correspondents, express
ing the opinions which entertain, that
| am almost deferred from going on;
but my correspondence with you would
be incomplete unless 1 did 60 on. And,
while your opinions are no doubt, made
up upon the subject ofthis amendment
others who may possibly read these
letters, may not have formed opinions :;
and as it Is desirable that there should
be as much unanimity as possible
among our friends upon the force and
effect of our fundamental laws, feel
encouraged to COON.
The object Of having a Constitution
is to have fixed and permanent laws.
that shall not be changed and blown
about by every wind OF doctrine" 1t
confers power upon the three great CO.
ordinate branches Of the Government,
| and limits them in their exercise. 1t,
in effect, says, thus far thou nayest
60, and no farther" And it prescribes
the orbit in which each branch shall
move; so that neither shall exercise
the powers belonging to either OF the
Others
Our Constitution, iii its original form,
declares "the white male citizens Of the
State shall be entitled to vote at all
elections, &C." Provided, that no per-
son who is a minor, of unsound mind
pauper, or who has been convicted of
treason, &c, shall be permitted to vote,
&c. Article 3, Section l.
This provision is, therefore, part of
the supreme law. The Legislature
could, in no manner, impair its validity,
or limit its force. Any attempt to DO
so would be vain and nugatory. It
could be changed, only by a Convention,
or in the manner prescribed by the "a
section OF article II of the Constitution.
Has any change been made pursuant TO
the ID section aforesaid?
That section provides that amend
ments may he proposed in either branch
Of the Legislature; that the same must
be read on three several days in each
branch, and agreed TO on their third
reading, by majority of the members
elected thereto, and be published at
least three months before such election,
in some newspaper in every county in
which newspaper is printed. Ifagreed
to by majority of the members elected
to each branch, it shall be the duty of
the Legislature to provide by law for
submitting the same to the voters of the
State for ratification or rejection. And
if a majority of the qualified voters,
voting upon the question at the polls
held pursuant to such law, ratify the
proposed amendment-it shall be in
force from the time of such ratification,
as a part of the Constitution OF the
State
Thus it will be seen that any amend
ment to the Constitution after being
passed by two Legislatures must before
it has any validity, be submitted to the
qualified voters" for their ratification,
and it must be ratified by them-a major
ity of them.
Who were the qualified voters in
1866, when this amendment was said to
have been made? The answer is a
simple one. The white male citizens,
over the age of twenty-one, not convict
ed of treason, &c.
Did they vote or had they an oppor-
tunity to vote on the amendment? The
answer to this question is just as simple
as tine other. They neither voted nor
had they an opportunity to vote.
The Legislature, in submitting the
amendment to the people, said that the
white male citizens over the age Of
twenty-one, should not vote. They took
an advance step OF the amendment, and
said that certain class OF voters con-
demned by the amendment, should not
vote upon it. The Constitution said
that it should be submitted to the ''qual-
flied voters"-the Legislature said that
it should not-but only to particular
class
II they had this power in disregard
of the Constitution, they had, also, the
power to say that none should vote
upon it hut members of the Methodist
Episcopal Church; or any other church
that they might favst-or that none
but Democrats or Radicals should vote
upon it. A law OF the latter kind if at
tenn pied by you, at the next session,
and which | am sure do not advocate,
| presume would create profound SEN
sation in the Radical ranks. | have not
exhausted the subject, but must close
for the present. AN oLD FRIEND
Report Of the Secretary Of state.
The Secretary Of State seems to tie