Year: 1865

.s,a -at The Amendment.


The following is from gentleman
who is devoted Union man, and one
who has held high official position:


set y WEST VIRGINIA, Aug 4th, 1868.


Mr.. EDITOR: have read your editori-
ais in the National Telegraph of the 2Sth
ult., and former one to which it refers,
pointing out several provisions of our
State Constitution as well as the Consti-
tuition of the United States, which the
proposed amendment (if adopted) will
be in conflict with, and contrary thereto ;
all of which think are substantially
correct. Iwish to call your attention to
one of several other provisions of these
constitutions which the amendment is
contrary to; but first permit me to notice
a remark you made: well we heard 1T
said that disfranchising man is not
punishment. We should be pleased to
know what punishment except actual
incarceration in a dungeon could be
worse it shuts him out from all the
rights of a free citizen; but the proposed
amendment shuts him off from all the
rights of citizenship, &c"


Whether he deserves this punishment
OF not, is not the question / intend to
present That question belongs entirely
to courts and juries, and to lay aside the
crime of treason for which he is to be
disfranchised, and being deprived of the
invaluable right of having choice in
representatives, to levy taxes which he
will be bound to pay, would place him
precisely in the situation Of our ances-
tors while under the British government
as shown by the declaration of rights,
adopted October 10Th, 1765, one of which
was, "his majesty's liege subjects in the
colonies are entitled to all the inherent
rights and liberties of his natural born
subjects within the kingdom of Great
Britain. That it is inseparably essen
tial to the freedom of people, and the
undoubted right of Englishmen that
no taxes be imposed OH them, but with
their own consent personally or by their
representatives. That trial by jury is
the inherent and invaluable right of ev-
cry British subject in the colonies y
This was the same year, and shortly af.
ter the Stamp Act had been passed
These and some complaints about the
jurisdiction of their Courts of Admiralty
being extended beyond their ancient
limits were the whole of the complaint
set forth in that declaration, and which
led to the Declaration of Independence
and the war of the Revolution Being
deprived of these rights was punish
ment which nerved them to struggle and
toll through seven years war to gain
their liberty, which is certainly the
strongest presumptive evidence, that
they consider it a punishment to be de-
prived of the elective franchise; and for
the purpose ofprotecting themselves and
their posterity against any and every
possible assault that might be made by
executive, legislative, or any other
authority, they provided in the Consti-
tuition that all crimes be tried by juries,
except in cases of impeachment, military,
sc. By the 9Th amendment of the Con-
stitution it is provided that, "no person
shall be held to answer for a capital or
otherwise infamous offence. unless on q
presentment or indictment by q grand
jury nor be deprived of life, liberty or
property without due process of law"
which due process is marked out in the
OGh AOCo uOU thio ohO"
clearly that no other authority besides
the courts and juries can have any con-
stitutional right to deprive person of
his rights and liberties. And the amend
ment as you have shown will be an er
post .facto law in its fullest sense and
meaning, and the 10th section of the Con-
stitution declares that no State shall pass
such. If it should be adopted, it can
have no validity. 1t being made part
of the Constitution will give it no more
force than if it were an act of the Legis-
lature, because it is entirely contrary to,
and forbidden by the Constitution of the
United States, which is acknowledged to
be "he supreme lap Of the land, the constitu-
or laWs of any other State to the contrary
Notwithstanding" and an amendment of
the sort can not have any validity what
ever. In free government, no person
can be punished for any crime by an er
post faclo lar, either by loss of property
or his rights and LIBERTY.


Radical Harmony.