Year: 1866

L


H nnhi;c servants to be elected. What


sort of repub1icanism is that where the


Ion;elators or officers to be elected may
designate who is to vote, and disfran-


chise as many as they please of those


who would vote against themselves 1t


seems to us an absurdity almost too pal


pable for argument, that the mere agents


may prescribe who their principals shall


be, or that the servants OF the people,


clothed by their will with certain powers


for brief period, have the right to dis


franchise their own constituents,


whether it be done under the pretext of


a registration law, or by any other de-


vice Establish such principle, and


every party that may thereafter obtain


the ascendancy in the Legislature, will


by a test oath, registry law, or some


other contrivance to evade the constitu-


ton, prescribe their opponents, and reg.


ulate the right of suffrage so as to per


petuate their own power. With what


measure We mete unto others, 1T shall be
! measured to you again, The burden
NAV rest on your adyerSarieS to-day, but
| it NAV be your turn to bear it tomorrow.


Under such principle it is impossible to
! preserve free. constitutional republic.
Our elections would become like those
of old Rome, where armed men took pos
session of the polls and drove away


their opponents at the point OF the sword.
What limit is there to the power which
has been thus assumedl If the Legis
lature are at liberty to disregard the first


section OF the third article of the con-


stitution, they may put upon these reg


listers whom they please-and exclude


whom they please. If they may pre-
scribe one test-One oath-such as they
| have adopted, what test-what oath, can


we say that they are not at liberty to
! prescribe! They may provide, with
| equal propriety, that no mans name


shall be entered upon these registers,


unless he is q member of particular
religious denomination, and will swear
to be true and faithful to its leaders.
They may exclude every one who has


presumed to dispute the wisdom or the


constitutionality ofany act OF the Legis-
lature of West Virginia. These would


be no greater stretches of power-no
more flagraut violations of the constitu-
tion-thau what they have already


done. Unless the first section of the


third article is to control them In this


matter of registration, there Is really no
limit to this power over the right of
suffrage. One part of that section is just
as binding as another-if they set aside
one provision, they may treat others in
| the same manner, 1t is but to disregard
| the word white" in this section OF our
constitution, and they may establish ne


gro suffrage, under pretext of registry
| law.


The registration act contains test
! oath, This, of course, was to have been
| expected 1t has been the favorite
! method of legislation of late, and the
statute book is filled with this sort of
laws. The lawyer is deprived of tho
means of earning livelihood for himself
and family unless he takes the test oath
You cannot resort to court of justice,


or sue before q magistrate, to enforce


any right or redress any wrong, however


aggravated or unjustiliable, unless yeu


are prepared to take the test oath. The


person in whom the people have shown


their confidence by electing him to ofhce,


must take the test oath. Our Legislators
tell their own constituents that they
cannot trust them, unless they take the
test oath At every turn, our dearest
rights as men and as citizens, are de-
pendent upon our ability to take such
Oaths as the Legislature from time to
| time see lit to require. Such laws nave


proved a constant source of annoyance


to the people, and of perjury throughout
| the land Lead us not into temptation,
| is one of the most important precepts OF
our religion, but the Legislature have
| scattered the temptation to commit per-
| Jury broadcast over the State. This
multiplication of oaths tends to corrupt
| the public morals They have been so
often administered that the solemnity
which ought to accompany thom IL
wholly lost Men have become skiltul
in interpreting Oaths to mean just what
suits themselves Our Legislators them


selves are supposed to have given very
loose construction to the oath they took
to ,upport the constitution OF the State.
| But one of the worst features OF this
class of legislation is that it encourages
denraved men to annoy and persecute
| others. Such men talk loudly about
LOYALTY, and rebels and rebel sympathl-
zeus. IN order that they may indulge


their own selfish spite and mallgnlty' OF
plunder and oppress Their nelghbors


| De VI tllO iSA''"'S ~


require any oath from the voters OF the


State has been carefully limited by the


fifth section of the third article OF the


constitution 1t is provided IN that Sec


ton. that every citizen of this State may
in time of war, insurreCtion OF public


danger, be required by law to make oath
or affirmation that he will support the
| constitution of the United States, and
the constitution of this State. under pam
of suspension of his right OF voting.


This oath, OF one like it in terms, Is then
the only one which the voter may be re-


quircd by law to take, and even tins


can berequired only IN time of war, IN


surrection or public danger 1t he tail to


take it, his tight of voting Is not to be


forfeited, but suspended merely; and


when the war, insurrection or pubhc
danger is over, he is again to be voter.


Such was the principle unanimously
adopted by the trainers of our constltu-


ton and unanimously ratified by the


people of West Virginia in 1868. Such


test oaths as are now imposed were not


fashionable in those days. Our conven-


tions repeatedly refused to enact


measures of prescription. Were we


all disloyal then! 1t would seem


AS if the constitution intended to


prohibit exactly what our Legislature
T. I,,