Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1872-03-30
VIRGINIA FREE PRESS

Remarks by Hon. w. II. Travers, OF
Jefferson, in Constitutional Con-
vention, on the Proposition to Ex-
clude Negroes from Eligibility 10
Office.
Mr.. Trayers in effect said:
He deeply regretted that the subject uhuei
consideration of the Convention could moi nase
been avoided. Although he had very ueCiu-
ed opinion uponft, and had no dOGot "hat
were the opinions of his constituents he "oald
have preferred, if possible. to nave escaped the
discussion now in progress. 1t must, from us
very nature. elicit warm ana earnest ieehngs
and develope views among members rs widely
different as were the views OF the people
whom they represented. But the subject was
hefore them aud be had no hesitation in de-
termiping in what direction lay the line of bis
duty.
1t had been very generally conceded 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 Office to its
/ white citizens Neither the Thirteenth, Four
teenth or Fifteenth Amendments negatived
/ that power if we saw proper to exercise it,
/ The first Of these amendments was designed
/ TO abolish The institution of slavery; the Sec
/ ord. to define who are citizens of the United
/ States and Of the Stat that compose them !;
/ the third, to prohibit any Of the States from
| making a distinction between race, color or
/ previous condition of servitude in comforting
| the privileges of suffrage 1t could not be pre-
tended that in either of the first or third of
these amendments there was anything in dero
1 - IL 81. . -, l., ed
! If there is anything to restrain or qualify it, 1t
is to be found 10 the Fourteenth Amendment
and contained in these terms No State shall
make or enforce any law which shall abrdse
the privileges or immunities Of citizens OF the
United States" This is no new language in-
troduced for tho FIRST time into the Constitution
Of the United States. 1t is found elsewhere as
a part Of that instrument, as it came from the
hands Of its venerated and illustrious trainers.
Article ". section 2 contains this provision
THE citizens of each State shall be entitled 10
all the privileges and immunitirs of citizens in
the several States" No other construction Of
this section has ever been given than that
which made it applicable 10 the cica rights of
the citizens Of tie several States 1t means
no more nor less than that the same privileges
and immuaities granted be granted and extended
to its own citizens by a State shall be granted
and extended to the citizens Of all the other
States, when found under its jurisdiction. It
does not propose, in any manner, to interfere
with the reserved and undelegated power OF
each State to designate whom it pleaseS as the
persons from whom alone are to be selected
the agents necessary or proper to operate the
machinery of its own government. Should
any State deem it wise or prudent to exclude
from Office any class of its own citizens, it has
the unquestioned and unquestionable right to
do so, and there is no ground for complaint by
the citizens Of another State 1t is a matter
purely of domestic government which each of
the States can regulate aud control for itself.
BY the Fourteenth Amendment. all per-
sons born OF naturalzed in the United States,
and subject to the jurisdiction thereof are citi-
zens of the United States and of the State
wherein they reside" This provision is broad
and comprehensive. II embraces persons Of
all sexes, colors, ages and conditions. And
vet it would not be pretended that because
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 with
held, 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 politi-
cal official positions, and yet it would not for
a moment be supposed that there is anything
in the articles Of the Constitution of the Unit
ed States, now under consideration, that would
give a minister of the Gospel living 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 Constitu-
tional 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 privileges
or immunitieS OF citizens of the United States. "
There is no violation of this provision by a
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 being such citizens, they are
clothed with some special privilege of holding
official position in the State organization. lie
supposed no one would Re found to maintain
a proposition so altogether untenable as this.
The question, then, was one Of State policy
aud 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 recognized
will aud wishes Of a vast majority Of her peo-
pie, the privilege Of occupying even her high
est offices of trust dignity and proft2 1t is no
answer to this question to say that there is no
danger, in fact. that any Of this class viii ever
be elevated TO official position by tie free
choice Of the white voters, who are largely in
the majority in every county of the State
The same argument would apply, with equal
force, to confer upon them the right of suffrage
were that an original proposition to be deter
mined by the will Of the people. 1t might,
with equal propriety, be said L" give them the
elective franchise; they are in a minority in
every county in the State, and although they
are ignorant and unprepared to exercise intelli-
gently this great privilege of citizenship they
cannot WELD ii to the detriment and injury Of
the State " There is a great principle involv
ed in this subject, which it is the duty of this
Convention to guard sacredly and visilantly.
It had been said that by the amendment to
the State Constitution, known as the Flick
Amendment large majority Of the people Of
West Virginia had expressed their desire TO
bestow not only the right Of suffrage, but the
privilege to hold Office, on this class Of our
population. He wholly misunderstood that
act Of his fellow-citizens, if it was fairly sus-