The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1864-12-28
:. ,7.2':.a ~: =! ly 1s,I!r !r.32 -
About the Right;.of Voting.

About the Right;of Voting. ',rq
Correspondence Wheeling rntclseneer.1'' &'1,hH2'
The qucstion-hus citizen.in West
Virginia the right toqvote out of the
township in which he resides? was much
discussed at our late elections, and was.
decided and acted upon differently 10.
different localities. It is a question Of
much importance, and should be settled,
as it may, in some future time, become
the ground for contesting important cleo.
,ions, and may cause the popular willto'
be defeated. Afree interchange Of opin:
ions and Of arguments, pro and con;
may therefore he beneiicial.e:oaj ;A.3,' o."
avow the opinion that o citizen has
the right to vote for any except township
officers, at any election precinct within
the county in which he resides. I pro.
pose to state, briefly, my reasons for this
opinion, and would be pleased to hear
from those who think differently. The
9th Sec. of the Act of the Legislature
Of Nov. 18th, 1868, says" The super:
visors and inspectors at every election
shull permit oil persons to vote who arc
residents Of their townships and quail.
lied 10 vote according to the lst Sec Of
the ID Art. Of the Constitution" &C..
This, at first view, would indicate that
none but residents Of. the townships
could vote thercin-tho affirmative that
all residents Of the township might vote
therein, seeming to carry by Implication,
the negative, that none others could ex.
crcisc that privilege. But We arc re-.
fcrred, by this act, to the Constitution
for tho qualifications Of voters $50, " -.
The lst Sec.n Of the 81 Art. Of the
Constitution, says: ".The white male
citizens OF the State shall be eotitled to
vote at all elections held within. the
election districts in which they respec.
lively reside; but no person :. -.
who has not been a resident of the State
for one year, and Of the county in which
tc offers to vote, for thirty days, next
preceding such offer, shall be permitted
to vo,c," &c. The question now driscs-
what is an election district? Is tia
county, or is it more or less than coun.
ty? 1t cannot be, necessarily, less,
because tho subsequent, clause cnlarges
it by combining tho residence only to the
body Of the county. "The election
district" I presume comprizes the entire
territory. the. population OF which, is
represented by the individual elected =
whether the entire State. or single
icwnship-for Governor, &C., the town.
ship for supervisor, &c; - And this idea
does not favor the claim of some,T that
they cau vote foriGovernor, or Presidsn.
tiaE electors anywherea withiuathe State;
or for al.Congressman or State. Senator
anywhere within his; district because tho
latter clause of the, above extract from
the Constitution restricts the. voters
privilege to t. tho eco county il Y which Ea.i ho
- This being correct & Interpretation Of
the Constitutional qualifications Of voters
withregard to locality. VIC may inquire
how is this qualification affected blythe
act Of. the Legislature above cited 2i'l
answer: in no way:whaterer. {: The Con.
sli.uGou restricting the voters privilege
only to. tue county Gin, cases where q. the
election district: is not less than the
county, in which, he resides, and cleo
ton. laws being Of. that class which are
construed literally, the act Of the Leg
islatlrIe cannot restrain liberal inter.
pre,a,ien Of the Constitution The act
of the Legislature, moreover; does not
itself; except by ,egatire f"apttcottoi, re
stricts the voter:in'.the' exercise; ofohis
privilege, ito thecitovushipl inis#biehr he
rdsidcs, ,and.:if, it did, the restriction
would, be: unconstitutional and yidable'
in law ~; IRA ,."H st:;j!2T :. gs.f tyt,
T. 1 determine, then, the voters right
with. regard to the place Of; voting, by
the Constitution exclusively, and from it
T conclude That where ?" the election dis
trict" comprises q as i much as a c6unty<or
more, the citizen has q right;to'vo at
ainuy election precinctwitbin his county :.
butswhere =" the aelection ,district9scoth- :
prises less than, q county O.. x, a. town