The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-05
than in the yindication Of constitutions

law, when a people is settling or ha.
settled to peace and order. The par
tizan majority in the State of West Viz
GINA, though warssd by Mr.. Creole!
and by the liberal men Of its own party
and by the coming events which cas-
their shadows before" within month
after the decisions in Faulkner's ane
.. Quarters cases passed the Lawyer
Test Oath Of February l4th, 1866, anc
e-passed the Voters Test Oath 10 thu
:. Registration Act Of the Goth of Febru
airy, 1866. Harrison, the Judge who
held the law as DISTINGUISHING these at
torneys, has become moral suicide
Judge Berkshire was not removed from
office by the Legislature which
thus condemned these decisions
but his term Of Office having
expired, and his principles and
feelings as exhibited in these case;
not being in harmony with the purpose:
of the party, he was ostracised hy q
political convention which dropped him
from the succeeding candidacy for the
office. The cases of Hunter and others
was decided at the January term, 1861
under the new test-oath law Mr..
Hunter was excluded. Then came the
case of Randolph Us Goode ct al: The
lawyers had been expelled from the pro-
fession by the act of February l4th,
1866. The voters had been disiranchls-
ed by the acts OF February 18th. 1863.
and Of February 18th 1866, and there
was new election Of Supreme Judge
ahead. What had been done to the
LAWYERS was to be contaminated on the
voters, though they occupy distinct
grounds as to their rights-lhe former
standing on their rights as incidentally,
though implicitly protected by the Con-
stitutlon, as recognized by the Supreme
Court of the United States, but the lat
ter standing on the clear letter OF the
Constitution itself. The argument Of
the Court in the voters case
3 w. Va. X. 553, is without warrant
in constitutional reasoning. 1t says.
The Statute Of Virginia, (passed
at Wheeling. February Sd, 1921
before the organization OF the
State of West Virginia, declared that
any citizen vino should thereafter levy
war against the United States, &c,
should be considered as having eSpat-
atcd himself as far as regards the State
and shall be deemed no citizen thereof.
Ttake Il then, that the Le9isla-
lure had the constitutional, power to
exclude the enemies from the polls,
and to continue them 30 long as it
might be necessary to the public secu.
rity.' There are several fallacies here,
IN addition to those enumerated, and In
contradiction of the reasoning Of the
cases before cited. They are excluded
10y the Constitution, or they are not
If they are not excluded by the Const-
tuition, the Legislature cannot exclude
them: II they are excluded, the Legls-
lature cannot admit them. Before this
act was passed. the Constitution had
been passed by the Convention, and
they were included in its very terms.
Constitutions override all antece-
dent constitutions and all legis
Iative enactmenls. 1t is not any
previous qualification or disqualified
ton which furnishes the test in such
case, but wsre they citizens Of the United
States, and if so they were voters by the
Constitution Of West Virginia. Admit,
if you please, so to strain all law, that
they had been decitizenized by this law
of Virginia Of February Sd, 1868, they
were still citizens Of the United States,
and as such by the provisions Of the
Constitution of West Virginia were
made citizens of the State, and by the
first section Of Art III they were and
are voters. / give you the full benefit
OF the case Of Randolph Us. Goode, in
the light Of these principles and these
historic facts Were, then, the acts Of
February 18th, 1850, aud February
2jth, 1866, constitutional? II go, they
were only ,leclaratory OF what the con-
,titution WAS, and the Dis ranchising
Amendment was simply an idle, but
surely wanton exercise Of unnecessary
power. 1t is more. 1t is an imputa-
ton upon the sense and intelligence
OF the Legislature who did not
see that the Constitution did
noA exclude these men, but believed that
the DISTINGUISHING amendment was ne
cessary for thar purpose. and that these
disiranchising laws were necessary to
secure it's passage Randolph u.s. Goode
concludes the Court from saying that
these laws were not passed without IN
tent to enfolc her, aid from saying
that they were not enforced. In the
light Of al these facts the submission
was unconstitutional. What then is
the law and what the duty Of the Leg
islature under all these difficulties
Where is the Constitution? What are
the interests and the moral sentiments
of the people of West Virginia as ex-
pressed in the late election? What is
the current of public sentiment among
the people Of the whole country, more
firmly and more dcterminedly expressed
on all sides, since the election? Is it
not competent for the Legisla-
ture, in the exercise of sound
judgment and with the support OF
this public moral sentiment to
indicate and uphold the Constitution
as it reallyi Isl Is it not the duty Of the
hour, in this way and under this guide
of principle and influences OF sentiments
and public interest, to do for the Con-
stitution and undo what previous Leg
islature, in times Of trouble and passion,
had done against it. In the great i'm
provement in the character of the judi
ciary, in the moral reaction Of public
sentiment, in the moral and political
necessity imposed upon courts OF final
resort, now, when the dangers Of war
are passed and its calamities are to
be retrieved and the nation is to be Bet