Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-04-02
Spirit Of yfffersol1.
Char]estown, W. Va, April g. TO.
THE WORD WHITE,

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Remarks By Hon. ". H. Tyavers, of JET.
Jerson, in Constitutional Contention, on the
\ Proposition to E:ecluae Negroes from Eli>
gibility TO office. u
Mr.: Travers in effect said:
/ He deeply regretted that the subject under
consideration of the Convention could not
have been avoided Although be had a very
decided opinion upon it, and had no doubt
what were the opinions of his constituents, he
would have preferred, if possible, to have
escaped the discussion now in progress tt
must, from its very nature, elicit warm and
earnest feelings and .develope views among
members as widely different as were the views
of the people whom they represented. But
the subject was before them, and he had no
hesitation in determining in what direction
lay the line of his duty.
1t had been very generally concealed by
the gentlemen who preceded him that there
was no inhibition in the Constitution of the
United States of power on that point. of this
State or OF any other to limit equality to of>
lice to its white citizens. Neither the Thir>
teenth, Fourteenth or Fifteenth Amendments
negatived that power if we saw proper to ex-
ercise it. The first of these amendments was
designed to abolish the institution of slavery;
United States and of the States that compose
them; the third, to prohibit any Of the States
from making distinction between race color
or previous condition of servitude in confer>
ring the privileges of Suffrage. It could not
be pretended that in either of the first or
third of these amendments there was ANYTHING
in derogation of the right here sought to be
exercised IF there is anything to restrain
or qualify it, it is to be found in the Four>
teenth Amendment and contained in these
terms: 'tNo State shall make Or enforce any
law which shall abridge the privileges or inn
munitles of citizens of the United States."
Ih's IS no new language introduced for the
tlrst time into the Constitution of the United
Stetes. 1t is found elsewhere as a part of
that instrument, as it came from the hands of
Its venerated and iiustrious trainers Ar
t!cle ~. section 2 contains this provision
'Ihe citizens of each State shall be entitled
to all the privileges and imnunities of cti-
Zens in the several States" No other con-
struction of this section has ever been given
than that which made it applicable to the
c'r't rights of the citizens Of the several
States. 1t means no more nor less than that
the same privileges and immunities granted
or extended to its own citizens BY State shall
be granted and extended to the citizens of all
the ether States, when found under its iuris.
diction. 1t does not propose, in anv manner.
to interfere with the reserved and uRdelesated
power OF each State to designate whom alone
1t rleases as the persons from whom alone are
to be selected the agents necessary or proper
to operate the machinery OF its own governs
ment. Should any State deem it wise or
prudent to exclude from Office any class of its
own citizens it has the uuqnestioned and un-
questionable right to do so, and there is no
ground for comrlaint by the citizens of
another State. 1t is matter purely of do
mestic government which each of the States
can regulate and control for itself.
by the Fourteenth Amendment, call per.
sons born or naturalzed in the United States.
and subject to the jurisdiction thereof. are
citizens of the United States and of the State
wherein they reside" This provision is
broad and comprehensive It embraces per-
sons of all sexes, colors, ages and conditions.
And yet it would not be pretended that be-
cause women. by virtue of it are citizens of
the United States and of the States wherein
they reside; should any of the States confer
the privilege of holding Office on females, that
by moving from State in which they are
thus privileged to one in which the privilege
is withheld, they would be entitled to hold
Office in the latter State
In some of the States Of the Union clergy.
men are denied the privilege of holding no
lt'cal official positions, and yet it would not
for moment be supposed that there is any>
thing in the articles of the Constitution Of
the United States now under consideration,
that would give minister of the Gospel liv-
ing in the State Of West Virginia where he
is eligible to such positions the privilege of
holding Office in the State of Maryland where,
by Constitutional provision, it has been denied
to him. The Fourteenth Constitutional
Amendment contained nothing in conflict
with the power of State to regulate, at will
this question for itself. .:No State shall
make or enforce any law which shall abridge
the United States" There is no violation of
this provision by State that, for any reason.
satisfactory to itself, excludes from its official
service any portion of the citizens of the
United States, unless by virtue of their be-
ing such citizens, they are clothed with some
special privilege of holding official position in
the State organization. He supposed no one
would be found to maintain proposition so al:
together untenablesas. this.
The question, then, was one of State policy
and not State power. This being the case,
ought the trainers of the Constitution of West
Virginia to extend to the negro race, who
have been made citizens contrary to the recog-
nized will and wishes of vast majority of
her people, the privilege of occupying even
her highest offices of trust, dignity and profit
1t is no answer to this question to say that
there is no danger, in fact, that any of this
class will ever be elevated to official position
by the free choice of the white voters, who
are largely IN the majority in every county
of tic Stace> Tde sauNa &SSNsNS%SMSl~
'@S W@ @7z1@0T @ eu0lSr 0qda G6em
ioe T2gOh oy s0Hrzse wsre that aa original
proposition TO be dete-tmined by the viii of
NsNlSs. W MNgMN. win equal propr,ety, Se
sud ''BIve them 1Oe R)3GGE9 Iv1N1l1u< mr.
are in !" minority in every county in the State,
and aAtSNugA they ave lgno1aNt aud uN-