Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-20
ssy. W"

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Disfranchisement as a Penalty
), OF Crime-Its Importance 70
the Purity Of the Ballot-The
Mistake of the Convention OF
1872 How to Remedy the
Error.
CORRESPONDENCE of the Register
Under our law all criminal offences
are classed as felonies or misdemeanors,
and the measure OF the prescribed pun
ishment determines to which OF these
classes the offence belongs. Thus, II
the penalty be death, or confinement
in the penitentiary, the crime is fel-
ony: il it be fine or lmprlson-
ment in the county Jail the offence falls
in grade, and is merely misdemean0r.
This classification is copied from the
Code of Virginia, and is purely arbltra-
~. According to it, the thief who steals
property of the value of twenty dollars,
or more, is guilty of grand larceny and
is fclon; his more cautious brother In
crime, who is content to take only nine.
teen dollars and ninety-nine cents OF
YOUR money, is guilty, simply, u that
rather mild sounding offence, a INSIDE
meanor.
| do not propose to urge that the
Code be amended so as to disturb the
criminal law in its classification OF
offences, generally. Iwish, however, to
make suggestion which l think will
be approved by everybody who will
take the trouble to consider it for mo-
ment.
The Virginia Constitution OF 1851 de-
clared that no person should have the
right to vote, who had been convicted OF
.sanv infamous offence" Art. III. sec.
|. The definition OF infamy, in the
sense in which it is here used.
is familiar. "When man is
! convicted of an offence which
is inconsistent with the common
principles OF honesty and humanity
he is infamous. | Bowler Die. 673:)
';Some crimes there were, OF which
mere conviction of any des-
cription was always sufficient, as it is
at present, to render the criminal in
famous; such as perjury and suborna-
ton of perjury and every des-
cription Of felony and treason" OH
Gritty CIR. Law, 599.)
The Constitution OF West Virginia
adopted in 1872, has, it is supposed,
rather by accident than design, follow
| ed the Constitution of 1853, instead OF
using the language quoted from the Fir-
ginia organic law of 1851. "NO- person
who is under conviction Of
| treason, felony or bribery in an election
shall be permitted to vote while such
disability continues. (Const. 1868, art.
III, section l..
The present Constitution-Art.i v, sec.
adopts this language almost rerbatim,
the change being simply to extend the
period OF residence in county from
thirty to sixty days.
Now the consequence OF this pro-
vision is absurd and anomalous. The
pen;tentiary convict is forever debarred
from the right OF suffrage, while the
petty thief whose enterprise does not
90 beyond his neighbors Chicken-cOop
or reach the dignity of twenty-dollar
! larceny, is a man and brother; a fell
| low-citizen and full-hedged voter, who
can clank his ball and chain at the bal
lot-box and assert himself to be the full
equal, in every right of citizen
ship, OF the purest, the best,
most honest and reputable OF our
people. 1t needs nothing of argument
or discussion to exhibit the folly OF the
distinction which gives rise to such an
! absurdity as this. TO state the TACT that
! such is the effect Of our organic law
must be conclusive of the necessity OF
| its change. But an amendment OF the
! Constitution is difficult thing to effect;
and it is not, at all, likely that any
movement at that end can succeed for
years to come. 1t is important, there
fore, to inquire whether the evil COM
planned Of cannot be remedied by legis-
lation.
Ny opinion is very decided that it is
within the province Of the Legislature,
by short addition to single action to
accomplish this end. AS | have said,
| do not propose to disturb the classified
ton Of crimes which has been so long
established in Virginia. But the lcgis-
lative power is competent to make any
change in it that may be shown to be
| iudicious. Preserving the general dis
tinction, "a il now exists, it can readily
make IN exception Of one offence
l mean petty larceny. To put my
suggestion in form: Let the first section
Of Chapter l52 of the Code he sU amend
ed H. TO read:
"OtlrnScs are either felonies or mis-
rcmcanors Such otfenses a. are pun
iShablc with death or confinement in
the pcntcntiary are fclonies; all other
oiicnSes are mis,lcmeanorS, except Mdt
al grades of iarc'nn, howerer punished,
shall BE- trloniss."
The italics show the proposed addi-
ton To- the law, as il now is. OF course,
am Indifferent to the language which
may bc employed; and, probably, the
Legislature will give much better inn
preston to the idea seek to present.
All ask is that it will do something to
relieve the honest, free and independent
voters OF West Virginia, in their dis
charge OF the sacred duty of suffrage,
from that association with petty thieves
and common Jail birds, which the exist
ing laws force upon them. Is this ask
ing too much? Y. Y.
Buffers Views on Resumption.
"What do YOU think of the probability
ofresumption being a success, General?'
asked.
iii you will tell me how far Sl35 10000
will 20 toward paving S2,500,0OO,0 900, l
will answer your question:
But there is only $3.50, 900, 900, Score
tary Sherman says, to redeem, and it is
not probable that more than half OF it
will be called for"
well, figure it yourself. Suppose
that gold stays at its present premium,
one-cighth OF one per cent. 1t is not
handy for YOU to present your Green
backs at the Treasury on the day of re
demption, Won can take them to broker
and get gold for the premium, and a
slight commission or without any pre-
MUM ii the Secretary is redeeming as
fast As presented. When it only costs
! YOU little over dollar to insure 81 900
worth ofyour Greenbacks, being as good
as gold, You will insure, WON'T you? II
resuption wins YOU WON'T have lost as
much ~ YOU pay for cigars in day on