770 



WEST VIRGINIA. 



such offer, shall be permitted to vote, while such, dis- 

 ability continues." 



To be a part of the constitution of this State, as a 

 substitute for section 1 of Article III. thereof, and ia 

 force as such from the 27th day of April, 1871. 



In testimony whereof, I have hereunto set my 

 hand and caused the seal of the State to be affixed, 

 at the capitol, in Charleston, this 1st day of June, 

 1871, and the eighth year of the State. 



JOHN J. JACOB. 



By the Governor : 



JOHX M. PHELFS, Secretary of State. 



A general election law was also passed at this 

 session, abolishing the test-oaths, and oth- 

 erwise materially altering the election and 

 registration law heretofore in force, the pro- 

 vision of which, and the manner of their en- 

 forcement at the hands of the respective 

 officers, had long heen the subject of loud com- 

 plaints among the people. The main features 

 of the new law are briefly indicated as follows : 

 " No change is made in relation to the officers 

 by whom the elections are to be conducted, 

 with the exception that they are not to be re- 

 quired to take the test-oath as heretofore, but 

 only an oath to support the Constitution of the 

 United States and the constitution of this 

 State, and to faithfully perform the duties re- 

 quired of them by law. The inspectors of 

 elections are to be chosen by the people as 

 under the former law, and the Governor has no 

 power to appoint any of these officers." 



All of the old law that related to the re- 

 gistration of voters is completely stricken out, 

 and every vestige of the system is repealed. 

 The supervisor and inspectors of elections in 

 the several townships are to receive the votes 

 of all who are constitutionally qualified: 

 " Provided, That if the right of any person 

 offering to vote shall be challenged by any 

 such officer or any other person, and it shall 

 appear that such person is not a minor, or it 

 shall not appear that he is a pauper or of un- 

 sound mind, and it shall appear that he has 

 been a resident of the State for one year, and of 

 the county in which he offers to vote for thirty 

 days next preceding such offer, and is a resi- 

 dent of the township or ward in which he 

 offers to vote, the right of such person to vote 

 shall not be further questioned, unless and 

 until a written charge of some specific act of 

 constitutional disqualification, verified by the 

 written affidavit of a qualified voter, shall be 

 preferred against the person offering to vote. 

 And the right of such person to vote shall not 

 be denied unless the charge so preferred shall 

 be proved by evidence of record, or clearly 

 established by the oaths of at least two com- 

 petent and credible witnesses; and he shall 

 not be required in any form to criminate him- 

 self." 



A most important act of this session was 

 the passage of the "Convention Bill," pro- 

 posing " to take the sense of the people of the 

 State on the question of calling a convention 

 to alter the constitution of the State." This 

 instrument had ever been regarded by the 



largest number as contrary to the vital in- 

 terests of the people as a body and as individ- 

 uals. Its machinery, in respect to State, county, 

 and township officers, was regarded as ex- 

 ceedingly complicated, expensive, and dan- 

 gerous withal, by reason that the immoderate 

 power vested in the Legislature, the judges, 

 and the other officers of the State, held out to 

 them frequent temptations for arbitrary meas- 

 ures. They insisted on the necessity of a sim- 

 pler and cheaper form of government, with 

 more limited and well-defined powers. The 

 judicial system, with all that relates to courts 

 and the practical administration of justice, was 

 especially pointed to as defective. The act 

 ordered an election to be held on the fourth 

 Thursday of August, 1871, when the people 

 should vote "for" or "against" a convention, 

 and a subsequent one for choosing delegates 

 to the convention if voted for by a majority ; 

 it regulated the duties of the several officers 

 of election, as well as the manner in which it 

 shall be conducted, and its result announced. 

 The most noteworthy provision of the act is 

 that relating to the admission of voters, en- 

 joining that no person who offers to vote shall 

 be excluded from the polls on presumptive dis- 

 qualification, but only on legal proof made by 

 the accuser, of a written charge that he is 

 guilty of some disqualifying act. 



On the 24th of August, the convention 

 was carried by a small majority, 30,220 votes 

 having been cast " for," and 27,628 " against" 

 it. By a proclamation, dated September 16th, 

 Governor Jacob announced this result, and 

 " declared that a majority of the votes cast 

 were in favor of a convention." 



By the same proclamation, he required 

 the supervisors and inspectors of election in 

 the State to cause polls to be opened on the 

 fourth Thursday of October, 1871, for the 

 choice of delegates to the convention. The 

 number of delegates to the convention was 78 ; 

 and the Governor announced their names by 

 proclamation dated the 6th of December, and 

 stated that the convention would assemble at 

 the seat of government on the third Tuesday 

 of January, 1872. 



At the same election the people made choice 

 of members of the State Legislature for 1872. 

 The convention was composed of sixty-six 

 Democrats and twelve Republicans. In the 

 new Legislature the Senate consists of eighteen 

 Democrats and four Republicans ; the House 

 of Delegates of forty-five Democrats and eleven 

 Republicans. 



Besides the above-mentioned enactments, 

 the Legislature of 1871 passed a large number 

 of laws and joint resolutions of general or local 

 interest, some of which were as follows : 



To legalize marriages heretofore celebrated 

 between first cousins, and to exempt the par- 

 ties thereto from the penalties incurred by 

 reason of such marriages. To amend an act 

 entitled " An act for the establishment of the 

 West Virginia Institution for the Deaf, Dumb, 



