Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1878-12-14
Third Letter Of "V. ""


DisjrGnchisemsrt cS Penalty ef Cfime-As
IaiportaRce TO Ike Purity Of I.e BGli0l- The
Mistake Of the ConceHtioE Of ls72-Hoc 70
Remedy The Error.
Correspondence of the W1eeliag Register.
Unde, our law all criminal offences are
classed as felonies or uisdemesnors, and the
measure & the prescribed punishment deter
miues to which of these classes the offence
belongs. Thus, if the penalty be death, or
confinement in the penitentiary, the crime is
felony if it be fine or Imprisonment IN The
county Jail the offence falls in grade, aud is
merely misdemeauor. This classification is
copied from the Code o: Virginia, and is purely
arbitrary. According 10 it, the thief who
steals property of the value Of twenty dollars,
or more, Is guilty Of grand larceny and is
felou his more cautious brother in crime,
who is content TO take only nineteen dollars
and uiuety-nine cents of your money. Is
guilty. simply, Of that rather mild sounding
offence, a misdemeanor.
DO not propose 10 urge. that tho Code be
amended 50 as 20 disturb the criminal law 10
It's Classification Of oitences, generally
wish. however, 10 make suggestion which
think will be approved by everybody who will
take the trouble to consider 1t for moment.
The Virginia Constitution oi 1851 declares
that no person should have The right to vote
who had been convicted 0l any infamous
offence" Art. III. sec. l. The defutIOn OF
iufamy, in the sense 10 which 1t is used here,
is familiar when d mao is convicted oi an
offence which ID inconsistent with the common
principles Of honesty or humanity he Is IN
famous RI. Douvi,r Die. 673.l Some
crimes there were, Of which a mere conviction
of any description was always sufficient, as IL
Is nt prcsont 70 render the criminal infamous
such as perjury and subordinatOn OF perjury
o and every description Of felony end
treason" III. Chitty Or. Law, 090)
The Constitution Of West Virginia adopted
in 1872, has, il is supposed, rather by accident
than design, followed the Constitution Of 1868.
instead Of using the language quoted from the
Virginia organic law Of 1851. No person
o o VINO is under conviction Of treason.
felony or bribery 10 en- election shall be per
mittod TO vote while such disability continues
lConst 1863, art. Ill, soc.
The present COnstltution-Ar.. ", sec. i
adopts this language almost rerbdtim, the
change beiug simp 10 extend the period Of
residence 10 county from thirty to sixty days.
Now the consequence Of this provision RS
absurd and anomalous. The pententla'y
convict is forever debarred from the right oi'
suffrage, while the petty thief. whose enterprise
does not 60 beyond his neigbbor's chicken
COOP or reach the dignity Of twenty dollar
larceny. is a man and a brother iellow-ciu
zen and a full-Aedged voter, who can cank
his ball and chain at the ballot-box aud assert
himself TO be the full equal, in every right ol
citizenship, Of the puresi, 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
absurdlty as this. To state the fact that such
is the effect Of our organic law must be con-
elusive Of the necessity Of lis change But an
amendment Of the Constitution is a difficult
thing to effect and it is not, at all likely that
any movement at that eud can succeed for
years to come. 1t is important, therefore, 10
inquire whether the evil complained Of cannot
be remeded by legislation.
My opinion is very decided that It is within
the province Of the Legislature, by short
addition to a single action TO accomplish this
end. As have said DO not propose to
disturb the classification of .cTimet which has
been so long established in Virginia, But the
legislative power is competent to make any
change in it that may be shown to be judicious
Preserving the general distinction, as il now
exists, it can readily make an exception Of one
offence-I mean petty larceny. To put my
suggestion 10 form: Let the first section Of
Chapter l52 Of the Code be so amended as to
read
Offences arc either fclJn.es or msdemean-
ors. Such offences as arc punishable with
death or confinement in the peuitentiary are
felonies; all other offences are misdemeaDoTs.
except that al grades of larceny, hoicerT pun
isLed, shall be feloHies."
The italics show the. proposed addition TO
the law, as It now is. OF course, J an indIf-
foreut to the language which may be employed,
aud, probably, the Legislature will give much
better impression to the idea | seek TO present.
All ask is thatit will do something to relieve
the honest free aud Independent voters Of
West Virginia, 10 their discharge Of the sacred
duty of suffrage, from that association with
petty thieves aud common Jail birds, which
tie existing laws force upon them. Is this
asking too much? w.