Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-03-28
VOL.
Spirit of 5sftsrsnn.
Charlestowu, West Virg'a., March 28.
SPEECH
W1111s Wuaon
OF JEFFERSON,

January 26Lh, 1871, the question being on
the adoption Of the IollO,0ing joint resol.-
tiOH, 'foJreeing to the proposed amendment
to the Constellation of tie State ="
"WHEREAs. The Legislature of this State, at its
conformity to the Constitution. agreed to the fol-
lowing proposed amendment to the Constitution of
this STATE TO be substituted 70! Section of Article
Il thereof, aud TO become part the said
ton when Tatico according to the there
Ot viz: The male etiZenS of the State shall be
titled TO vote At all elections held within election
districts IN which they respectfully resides but no
pauper who is under cOoviction OF treason. fe!.
Ony, or bribery in an election, who has been
~ IN which be oilers to vote for thirty days next
preceding sneb Oder, shall be permitted to vote
''REsOLVED. Thai the said proposed amendment
10 hereby agreed to-"
Mr.. Speaker: In opposing the resolution
| now under consideration, the first objection
that l have to submit arises out of the Con-
| stitution of the State, which l, in common
with every member Of this body, have sworn
to support. That Constitution has provided
the mode aud the means BY which It may be
amended. To attempt to Eneud it in auy
other manner than that prescribed, is a pros
cess which, to my mind, judging from the
plain language Of the Constitution aud the
authority that will refer to presently, ut.
In providing for amendments, Section 2 of
Article XII of the Constitution of this State,
is in these words: "Amy dIrendntent 70 Mc
Constitution of The State may be proposed 4.
either branch Of the Legislature; and If the
same, being read on three several days an
each branch, he agreed to on ats third read
iRg, by nlGjOrity of the members elected
thereto, the proposed amendment, Irih tie
yeas and nays thereon, shaE Be entered on The
journals, and referred to the LegisNd1s,re at
hte first session, to be held after tie merit gen-
cTGL election and SHALL DE PUBLISHED, AT
LEAST, THREE MONTHS BEFORE SUCH ELEC.
TION, IN SOME NEWSPAPER IN EVERY lcOUSs
TY IN WHICH A NEWSPAPER Is PRINTED"
The careful wording of the preamble to
this resolution, shows an intention too plain
to be mistaken, to evade the constitutional
provision Of three months publication. Every
other prerequisite is carefully set ont, but as
to this, there is a careful aud studious silence.
Why make this suspicious attempt to mislead
the members of this House? The constitr.
tiOnal provision, which is excepted in this
preamble, is as binding upon us as if it were
recited. The friends Of the proposed amend.
mcnt acknowledge that il has not been pub
lshed as required by the Constitution. CMr
Jackson We deny i,.) Well sir. take, 4.
his word, the head and front of the friends of
this amendment; the gentleman from Cubell,
(Mr. EurguSon,0 Vho acknowledges that IL
has not been published Ior three months -
We know, too, that Governor Stevenson made
no effort at having it published, until his de.
reelection Of duty had been referred to through
the columns of Democratic newspapers; and
we have his own acknowledgment submitted
to this House; by his message of the 24th
instant, in this language: "Of eighteen
newspapers which have sent copies of the ad,
vertisement, with their bills. to my Office,
two of them inserted tho proposed amend
mcnt two months and half previous to the
last general election, three of them for eleven
weeks, twelve of them for twelve weeks, or
three months, one Of them for three months
and five days. 4 few newspapers have not
yet presented their claims, &c" 1t is plain,
from this message, that due publication has
not been made, but in one single newspaper
in the State. The stateINen. Of Gov. Steven.
son that twelve weeks publication in twelve
of the newspapers referred TO, constitutes
Htree months PULIic0tion, is incorrect in a 10.
gal sense. 1t has not only been settled, by
American decisions, that the word "month"
means calendar month, but it is expressly
so provided by the Code of this State. So
much for that. Finding themselves con-
tronted By the fact of the non compliance with
the Constitution, on the part of Gov. Steven.
son, the friends Of this measure have taken
shelter Under the subterfugc that the required
publication Is only directory, aud therefore,
may be ignored at the will or caprice of this
body. l am free to say that am at loss
to know by what method the most positive
word in the English language, the word
shall, may be tortured into a mere directory
sense, by the body to which it especially ap-
plies. lfthe Provision in reference to pub
lication be directory, why not the provision
for reading proposed amendment three sev-
cral days in each branch Of the Legislature :;
OF the provision referring proposed amend
rnsnt to the Legislature at the first session to
be hsld after the next general election, sim
ply directory, also. If the principle be cor
rect in ohe instance, it certainly ought not to
fail in the other. If gentlemen are so eager
to disregard constitutional provisions, upon
the ground that they are only directory, I
would suggest that they propose an amend
meut to the Constitution to strike out the dis
franchising Amendment of 1865, and submit
l. to the people before the next general clec>
tion. They would certainly then, be entitled
to our good will at least, for their good intcn>
tiOns toward the disfranchised of our State.
-
will now quote from decision of the
Supreme Court of Alabama, involving the
same principle now undar consideration
This was the case Of Collier, Governor, &C.,
! Us. Frier:On ct al, Alabama Reports, vol. "a
New Series, page 100. Judge GOIdthwaito
delivering the opinion of the Court, said ::
ave entertain nc doubt that to change the
Constitution in any other mode than by q
Contention, every re9uisition which is de-
mauaed b5 the Instrument itself, must be obs
served, and the omission of any one is fatal
ka NhA u