Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-09-12
BEFORE THE JURY.
BEFORE the JURY.
The Republican Party and Its
Record
IN THE STATE OF WEST VIRGINIA.
The Connection Of Edwin Maxwell, Fusion
Candidate for Governor, With
Test Oath Laws
IN THE STATE OF WEST VIRGINIA.
AND PRoscRlPTrVE LEGISLATION.

henry .. hdlAcT, reviewing Iuo utctOhg VI
the Radical party in this State while In
power
The claim is made that by the aid ofvo-
ters who are Democratic in all their an
the Republican party is to be re-
stored to power in West Virginia. The
purpose is boldly syowed to secure this
change By the most questionable means;
il Is further asserted that this change is to
carry with il an apology 70 tie Republican
psrty for its exclusion from power since
1870, and an endorsement, through the
election Of Its nominee for Governor, OF all
that it did or tried to do when in power IN
this State.
There is no better way of judging this
party than by considering what 1t did the
last time it had chance to DO anything.
The years of Republican rule in West Vlr-
ginia were years of intolerance, proscrip
ton. and hate; they were years
OF diminishing population, languishing
commerce, and tagging material, intellect
ual and political Development. That party,
when the war closed, threw its influence in
favor of prolonging the strife. 1t denied to
thousands Of our people voice in their own
affairs, deprived them Of the ordinary rights
of citizenship, excluding them from the
polls and from the practice Of their protes.
sious; heaped all the burdens OF govern
ment upon them and denied them its bene-
fits and its blessings.
To fasten and rivet their political chains
upon large class OF our people that party
finally determined to incorporate the gospel
of hate into the organic law of the State. 1t
therefore devised the following amendment
10 the Constitution:
The Disfranc hising Amendment.
No person, who since the first day OF
June, 1861, has given, or shall give, Volun-
tary aid or assistance to the rebellion
against the United States, shall be q citizen
OF this State or be allowed 10 vote at any
election held therein, unless ne has volun-
teered into the military or naval service of
the United States and has been or shall be
honorably discharged therefrom."
Here was proposition to curse where
the government had forgiven; to prevent
the healing of the wounds OF the war, and
10 make fully one-third of our people aliens
amid the scenes of their childhood and in
the land of their birth. This remorseless
measure was reported to the West Virginia
Senate in 1865, and advocated there By
voice and vote, carried through that body,
supported again in 1866 in the Legislature
and before the people, as his own special
pet production. by Hon. Edwin Maxwell
the Republican candidate for Governor OF
the State of West Virginia. The following
summary of his course on the Distranchis
ing Amendment has been carefully prepar
ed from the record and is now submitted
for the consideration OF the State.
Reporting the Measure.
As chairman Of the Judiciary committee
of the Senate of West Virginia, Mr.
Maxwell reported to that bedy the
disfranchising amendment, February oth
1865. See Senate Joural Go, page 81. 1t
was recommitted and promptly reported
back by Mr. Maxwell; see page 10, Senate
Journal Its phraseology was amended on
his motion; see page II, Senate Journal. Ii
was passed February II, Mr.. Maxwell vot-
ing ave; see Senate Journal, page T9.s
The House of Delegates eassed substi
tute to which the Senate disagreed, and Mr
Maxwell as the patron Of the measure was
appointed to announce the Senates action
to the House. See page lO7, Senate Jour
nal 1865. The house adhered TO its substi
tute. Mr.. Maxwell, as the patron of the
measure moved that the Senate insist on
its disagreement The motion prevailed
See page Ill, Senate Journal A commit
tee OF cont, f,renee was appointed. Mr.. Max
we'll as the patron Of the measure was sp-
pointed first of the conferees with Mr.. At
kinson second, on the part Of the Seste. The
Committee report was dissgIeed TO; a sec
ond Conference Committee was appointed
Mr. Maxwell, as the patron OF the measure,
vas appointed first of the conferees on the par
of the Senate with Mr.. Farnsworth second.
his Committee reported an amendment so
as to fix the first day Of June 1861, as the
date from which the amendment should
operate. 1t was then passed, Mr.. Maxwell
Of course, voting aye. See page | ll+l2i,
Senate Journal Under the Constitution
AS it then stood an amendment had to be
passed upon by two succeeding Legislatures
The resolution providing for the second rat
ifca,ion was reported to the Senate from
the judiciary Committee February 10,
1866. See page 60 Of the Journal 1t was
passed February Il, Mr.. Maxwell voting
ave. See page II. Nov, in order to Sc
cure the ratification By the people IN May
following, it was necessary to disfranchiSe
in advance large number of those who
would vote against it. So the Registration
Law, House Bill No. 5S, was prepared for
that purpose. When it came from the
House it was referred to- Mr. Maxwelrs
committee in the Senate. He re
ported it from the Judiciary
Committee with the recommendation
that it pass See Senate Journal 1866,
page lis. When it came upon its passage
Mr. Maxwell lodged. See page l25. When
the law imposing test oath for votes came
up in the Senate, Mr. Maxwell voted aye.
See Senate Journal 1865, page los. His
friends have tried to build for him record
for iberahty on the fact that his name does
not appear among those who voted for the
Registration law. They have overlooked
the fact tha, while it does not appear
against the Registration law, aud that /;
does appear in favor of the voters test oath
on which the Registration Law rested
Fraud Vitiates All.
When by the operations OF that law. the
amendment was declared
ratified. il became . question whether the
ratification would stand. II had been in-
corporated into the constitution BY the
fraudulent disfranchisement Of thousands
who would have voted against Ii. Fraud
viliates everything. Ii became necessary
10 secure the Courts. Judge Berkshire
term on the supreme bench was about ex-
piring. 1t was self that he could not be
relied upon to uphold the test oath system
Mr.. Maxwell was fixed upon as the man
Who could be depended upon at all times
and under all circumstances The Repub
icsn convention at Parkersburg threw
Berkshire overheard and nominated Max
sell. When that gentleman accepted the
nomination he left no doubt as to what his
judicial course would be on the test oath
question.
From, ~ EAesliay El!sUigtacsr Sspt. p, 1855.
Letter from Hon. Edwin Maxwell accept
ng bis nomination for the Supreme Court
f Appeals.
CLARKsRURG. W. Va, Sept Is, 1866.
Iessrs. ]. c. MsGrew, W. l. BOremsn, J.
NJ. Hagans P. NJ Hale. I, q Logan.
GENTLEMEN: Your letter informing me of
,y nomination for the Office Of Judge Of the
1preme Court Of Appeals Of this Srste, by
he convention OF true Union men held at