Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-12-05

Laws Sustaining this Position.
Correspondence OF the Register
Your issue of this morning contains a
very courteous reply To some observa-
tons made by the undersigned, toa
communication OF the same writer ~.
v" concerning the mode OF punish
ing the offense OF petit larceny. 1t is
objected in the letter of this morning
that the former was misunderstood, or
rather misconceiyed, as 10 lis purport.
From the language quoted, this would
seem to he true, hut the error arose from
"A hasty reading, and from Kind OF gem
rral impression that ". v" was seek
ing to establish u heavier punishment
for the lesser grades al larceny than
was commensurate Herewith. There
shall not be any disagreement on this
point, however, ~ the error will be- con-
Ceded So lar as the language Was con-
cerned, but not as To principle. Passing
by the apparent contradiction in the
amendment which he proposed to the
statute, !. Z. An larcenies, however
punished, should be deemed felonies,
What would be- its practical effect? The
object III ~. v" rs explained, Is Ia
provide that the "thoughtlrss youth
Shall be forever denied the privilege ol
exercising the elective franchise. Has
he thought that this same youth might
he somebody's darling rs well as
some outcast little waii who wanders III
the borders of society without such as
sociations rs would teach him the evil,
morally, rs we'll AZ civilly, at the act, and
that hy his proposed amendment, al
though the punishment might not he
increased, corponlly, vet he Is doomed
L. an everlasting iniany among his tel
low citizens hy being deprived at the
boon of the elective franchise? II Will
not do To say this Is an extreme case.
All laws must be- considered IN
the concrete and the abstract.
The law can prescribe, hut
one rule oi action ior all cases, aud that
country is the h, st governed where ITS
administration is effected with one re-
gard to the utmost uniformity. Better
indeed. the 0hcidI "hastinado," than u
lNllE llit vi NlllNll u N'uNi w l''aN'N a'N
said "hc is ciriiit,r m0ytUis." aud all hc-
cause of Juvenile poccadillo"
But now to the point where Nd
vance, touches me more closely when
hr attacks the basis ui my argument
and challenges the correctness at my
reading al the constitution That
there may hc no installing the object
uf Y. v, let his language he quoted:
"My argument was this: lnasnIuch H.
the thief who is convicted ot grand lar
ccny is lelon, and therefore
DISTINGUISHED, why should an
other thief guilty only at
petty lacrny hr permitted Ia exercise
the right oi suffrage This IL the point
at which very wide divergence occurs.
1t is affirmed by the undersigned that
no man in this state Is disiranchised
when not jUpirr correction Tor felony, Nc.
The decision referred Ia 10y "N. " IN
10 Grattan, was nude when the con
stItutlonal provision Was entirely differ
cnt from that in the organic Law al
West Virginia. Under the Constitution
uf 1851, the right oil suffrage Was not Ia
Ice exercised hy minors, &c, or
by persons convicted OF any infamous
uilense" By the Constitution OF 1851
no person should have the right to vote
" hu Was al "unsnund mind
or irhU has ban connected at bribery ia an
election or any infamous olicnsc.
Art. III Sec. |, ot the Constitution of
1853, entirely changes the language and
spirit II the foregoing ltproNidcs that
NO person who IL minor,
or Of unsound mind, &c, or
who IS ,pti,r conr6tion Of treason, felony,
or bribery in an election shall
he permitted b. vote wh'h such disability
continues And the latter is the exact
language oi the Constitution OF 1877, on
this same subject Can there be IA rea-
sonable doubt ri the construction Ia, &c,
hc given this plain provision ol the
organic law? When Is man under
conviction After verdict and judg-
mrnt rendered The judgment may
not bc carried into execution mmcdi-
ately; it may be- suspended, and the lie
PENDANT may be- seeking IL reserve II IN
AN appellate tribunal, but until II IL re-
yersed the party il under conviction.
II, however, no appeal IL taken and
the Judgment il being executed by in
generation, the party II still under
conviction with the additional tact ol
its being made effective 10y punishment.
But when the term nj incarceration de-
tcrmincd 10y the Judgment expires, the
party ceases Ia hc "unler conviction
for the law held no restraint on his Ii
bcrty, the disability is discontinued,
and he takes his place under the pro
vision Of Act " Sec III the Constitu-
tIun ii 1872. which declares that the
male citizens 81 the State shall Ice en-
titled 10 vote" BE-. Surely this IL but
the plain reasoning Oi the whole matter.
1t is not necessary tu inquire why Tia"
humane prov isiun was inserted IN the
organic law \ number Of profound
reasons could hc given involving the
highest craftsmanship. la republic
the fewer persons who are dcbarred its
privileges hy depreciation or public
stigma the less disqulct and un-
rest will prevail Ia republic
the constant anxiety 81 the true
statesman should be- Ia elevate all
men 10y continuous appeal Ia their
sclircspcCt, which at last il the greatest
safeguard against crime. And yet, II
the amendment proposed 10y ". W
should become law, how many men
would be- thrust forever beyond the &c.
NAL influences oi human association
and co operation, because Of Juvenile
pcccadill"s.'
Mr., Editor, ! will have 10 beg your
pardon for trcspassing upon your space
at 80 great length. My apology il that
the subject is one that ia being very
much discussed at this tune, ~ far A.
adding additional penalties to the crime
under consideration IL concerned. Aud
II the position assumed 10y "N. W he
correct, that all persons convicted Oi Eel
ony are forever DISTINGUISHED, it ought
To- be- known, as the opposite practice
prevails in the counties 81 the state gen
orally. ADVANCE.
Norganto,rn w. Ia, De 2, 1873
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