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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1994   View pdf image (33K)
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6
repentance and better reason have come to many
of these who have suffered under the provisions of the law;
we hope that it is so; but the memorial of the petitioners
does not so set forth; there is no repentance acknowledged,
and it is not mercy that is asked, but rather the clamor of an
unshrived multitude demanding justice. They are hero be-
cause the Government was great and powerful first, and mer-
ciful afterwards, not because they have repented of their
treason, or have any more attachment to the State or its
institutions than they had when a year ago they were labor-
ing for its destruction; and your committee bold them justly
obnoxious to the wise discriminations of the Constitution.
In the position they have chosen for themselves let them
stand until those who have upheld the Government against
their most strenuous efforts to destroy it, shall have shaped
its institutions in conformity with the new order of things,
and until they shall make it manifest that their purpose in
clamoring for the ballot is not that they may make it the
instrument of'attaining the same infamous end which they
sought, but failed to reach by the bullet. The reasons here
cited, that the petitioners have not yet brought forth fruits
meet for repentance, are not, in the opinion of your commit-
tee, the only reasons that would make the repeal of the
Registration Law unwise and injudicious; but in addition to
these very grave reasons, the committee are clearly of the
opinion that no power exists in the General Assembly to
repeal the Registry Law, and that to do so would be a plain
violation of the Constitution. The Constitution confides no
discretion on this subject to the General Assembly. It de-
clares that the General Assembly "shall provide by law for
a uniform registration of voters." Nor does it stop there ;
but to secure the perpetuity of such a law, it further declares
that after its enactment, " no person shall vote unless his
name appears on the register." Without this latter clause
it certainly would not he conforming to the spirit of the Con-
stitution to enact a registry law and to follow its enactment
by its hasty repeal; but with this latter clause added, all
doubt of the power of the General Assembly under the Con-
stitution as it stands is removed. That power is limited to
the perfection of the law; it does not extend to its repeal.
The committee therefore respectfully recommend to the
General Assembly the adoption of the following resolution,
viz :
Resolved, That neither the temper or conduct of the peo-
ple of this State who have been hostile to the Government,
nor the condition of our national affairs, nor the provisions

 
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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1994   View pdf image (33K)
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