The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-03-23

Office.
Mr.. Trayers in effect said:
He deeply regretted that the subject
under consideration OF the Convention
could not have been avoided. Although
he 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
1t must, from its very nature, elicit
warm and earnest feelings and develops
views among members as widely diff.
ferent as were the views of the people
whom they represented. But the sub
ject was before them, and he had nc
hesitation in determining in what direc
ton lay the line OF his 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 10 office to
its white citizens. Neither the Thir-
teenth, Fourteenth or Fifteenth Amend
ments negstiyed that power il We saw
proper to exercise it, The first Of these
amendments was designed to abolish
the institution Of slavery; the second, to
d,iine who are citizens Of the United
States and of the States that compose
them; the third. to prohibit any OF the
States from making a distinction be-
tween race. color or previous condition
Of servtude in conferrlng the privileges
of suffrage 1t could not be pretended
that 10 either Of the first or third OF
these amendments there was anything
in derogation Of the right here sought
to be exercised. II there is anything
to restrain or qualify it, it is to be found
IN the Fourteenth Amendment and con-
tanned in these terms: NO State shall
make or enforce any law which shall
abridge the privileges or immunities OF
citizens OF the United States" This is
no new language introduced for the
first time into the Constitution of the
United States. 1t is found else
where as a part of that instrument,
a. it came from the hands Of its vene-
rated and il'us;rious trainers. Article
". section > contains this provision :
The citizens OF each State shall be
entitled to all the privileges and immu-
mites OF citizens in the several States. v
No other construction Of this section
has ever been given than that which
made it applicable to the civil rights Of
the citizens Of the several States. 1t
means no more nor less than that the
same privileges and immunities granted
or extended 10 its own citizens by a
State shall he granted and extended to
the citizens Of all the other States, when
found nnder its jurisdiction. 1t 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 10 be selected the agents
necessary or proper to operate the ma
chinery OF its own government. Should
any State deem it wise or pradent to
exclude from office any class Of its own
citizens. it has the unqnestloned and
unquestionable right to do so, and there
is no ground for complaint by the citi
zens OF another State. 1t is a matter
purely Of domestic government which
each of the States can regulAte and con-
troll or itself.
By the Fourteenth Amendment, "all
persons born or naturalized in the
United States, and subject TO the juris-
diction thereof. are citizens OF the
United States and OF the State wherein
they reside" This provision is broad
and cor prehensive. 1t embraces per
sons oil all sexes, colors. ages and con-
ditions. And yet it would not be pre-
tended 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 withheld. they would be
entitled TO hold Office in the latter
State.
In some Of the States Of the Union
clergymen are denied the privilege OF
holding political official positions, and
vet it would not for moment be sup
posed that there is anything in the
articles Of the Cons;itut on Of the United
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 con-
flict with the power Of State to regu.
late, 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 State that, for sny rea-
son, 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. He supposed no one
would be found TO maint.in a PROPOSE
ton so altogether uutenable as this.
The question, then. was one Of State
policy and not State power. This being
the case, ought the trainers OF the Con-
sti,utiou OF West Virginia to extend to
the negro race, who have been made
citizens contrary to the recognized will
and wishes Of a vast majority OF her
people, the privilege OF occurying even
her highest offices OF trust, dignity and
profit? 1t lie 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
obo;,a If the white yotprs who are