The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-01-04
GkeqatstIiIQetrGer.
To the Legislature Of West virginia,

Salaiiy Of. what tskhusen US the tllsflan
chtslng amendment Of the Constitution.
The main points Of the argumen
against It's validity, and the only one'
which have been seriously urged, are, Z
1st. That II CONES within the opeFahonp
the first seulonDf Art u Of the OOhstihl
ton, which torblds the Convention IRON
passing IN ordinance or amendment which
hy,any,shilt or device lGR hare a retro
Espeetirfe pefgtiOn az effect.
I'd. Thatit Is e5p0St fdctO.
Sd. That 1t was not submitted 10 tn
qualified E0tersfof the State for rstldea
tom as required by the second section o
Article 12, and for that Is void.
To the.tits Objection, we take i that nj
lawyer oil respectable standing, alter re
aeciiOp, will contend that the trst SECTION
Which relates solely to o Conpthti0n, y DIP
phcabl6 to amendments proposed by TIL
Legislature. s1s57 bi10w CIV ,a1
u il YllbheBeen that two distinct mode
Of amendment arc prescribed by Articl'
12-one by q Convention, the other By
amendments proposed by either brancl
of tue Legislature, In the latter mode
NJ nS,SS S4$sIf2 Hsns 1 SS t1 'a'
I'M: Intersection $ioes IotFestriCt tho bowe
conferred on tho Legislature by lthesecont
section 81 ARTICLE 1g tahd'is not tdppllcabl,
to. amendments proposed, blythe .LegislR
ture. As to- the sGtdhdC obi ection-tht
words en- post t6ct6, when applied tolaws
either fundamental ora Btatutafy, have I
teGhnical meaning, and relate TO crime
and thsiF plpishnsnts.
p SES I'6E, jaei6 laws, says Chancello
Kent, DIRE such shat make m act dom
before tho passing of the law, and wha
was innocent when done, criminal; or
which aggravates crime and makes !
greater than It was when cOmmitted; or
which changes the punishment and in
flicts q greater punishment than the law
annexed to the crime when committed
or, which alter TIC legal rules Of evidence
and receive less or different testimony
than the law required at the time Of th'
commission Of tic offence in order to con
vict the offender"
If ansuccessful, rebellion is treason
Treason against the United States, or o
the State, .trds d crime before 1896, !ant
the punishment tcdS death. The amend
ment Of 1865 only dGniGs the particular
in rebellion tho PrigilSge ofH0ting, There
fore, the second objection, that the amend
ment Is ep post fdeto, is not well taken, ant
cannot be said ms coming within the, lega
definition Of an er post t'ttt0 law. = -, -
The third objection, and the on6liios
relied upon in the newspaper discussions
that the amendment was not subpiltgd,iI
the qualified voters for ratification or r.
lection, as was required by the secOnt
section of article ~, and Tor that Is void
is,.ipI our judgment, equally nptengblc
The amendment went through all tn
constitutional forms oflaw; passed twC
legislatures; was published in all I'll,
hewspapGrs OF the State Tor the length b
time required by the constitution; Sub
mftLed to the Qualified voters of the STATE
for ratification or rejection, aud was q
hally procldimed ratified by proclamation
of the Governor ip pursuance OF law
This would seem TO be- final and end al
discussion.
But it is claimed, for tho purpose o
opening 1t up and declaring it void ,tha
the Legislature passed IN unconstitutiOna
net on the twenty.tifth Of February, 1865
by which many persons were prohibited
from voting on the amendment, and 10
thatit vas not submitted to tho qualifet
voters Of the State, as was required by tn
constitution, and is therefore void.
This act Ept;- Sthe Legislature hal
been decided by tho Court Of APP
md SGlid. II stands tnsday as III,
Judgment Or the highest court int tic Com
monwealth, rs valid and binding, ant
whether tho decisions be sound or I'm
sound, II is tue duty Of allgood citizeni
and itiehdsOf law and order, 10 yield Il
IL acquicsccnce, at least, and until II shal
have been TerieIred and di@pprOred By III
eoErtef LIstresort.
For WIat ara courts and their decision
.corth, JMey ara to b dtSregarded and set a
naUaIL By thS prejudice and ,cpprie6ef 20
litiftg Ptifties, ts Meyaterbdt&y Sutt9sdt
potcer hAi place? ~ NV ~
But admit for the sake Of argument, tha
the act Of February 25th, 1865 was an i'm
ccnstituti6nalandvd does that fact con
stitute good grounds for declaring I'll,
amendment ygjdya Let US test 1t by th(
arguments on the other Side given to TIL
public through the press. II is held by
high legal authority TINT an act repU0nan
10 he G0nstftuti0n tsb0id-tlati II Is lilelesi
and dead, and not binding upon any on,
(secl HIS argument on this question
published in Register Of the Goth Of Dc
cember9 the very cream (which, is .tllS
every man Is the Judge Of The validity .
all legislative acts, and mug dtTe1irC
Mcnt-that the net complained d
(oi 25th q February 1868 is an
coRStituti0ndl-& Ao. Mw-hGs,; no ri
tdMy-and consequently .iraS not 1,
he Gay Ofdny qualified rotet, b cote on III
ratification or rejection Of tho amendment
and, aS a SeQuence, every one who did no
vote, or mako the effort, and have q re
cord or eyidcn6c of that fact preserved
llas no one TO blame but himself III
thereby allowed tho ratification 10 go BY
default, Ind cannot now gainsay It's val
ility. But Independent Of these minol
partizan views, lot MS come at0ncc to thu
great and only Question deciare Of tn
validity Of the ainendmcnt-,cdS II sub
mittetl 10 tho pOters Of tho STATE. for ratifcd
tioa or rejection in pursuance Of The eonStitu
ti0nG and scGs ito proclaimed BY procldma