The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-09-28

The next security which the wise and
able law makers of 1868 provided for the
protection of the voter, will be found in
Section Sc, Of the same chapter:
eff an officer at an election knowingly
and willfully receive bad vote, or reject
a good one, or aid in so doing, he shall
forfeit not less than fifty nor more than
two hundred dollars for every such Of
fence"
Will any man of sense or candour con-
tend, in the face of this oath and penalty,
that the conductors of election are merely
ministerial agents to do the bidding of
the Legislature, in total disregard of the
high and sacred obligations imposed up
on them by their office? Are not their
duties essentially jadicial? Does it not
devolve upon them TO adjudicate the
rights of their fellow-citizens, if contest
ed? Can they close their eyes to that
Constitution which they have sworn to
support, and open them alone to law
which they have not sworn TO support,
but which, in fact, they have sworn to
disre0d1W, if in conflict with the Consti-
tuition?
All viii admit if these men We're sitting
separately or collectively as justices of
the Peace, and a case came before them
in which a conflict was apparent between
the Constitution of the State and an act
Of the Legislature, that they would be
bound to respect the Constitution, and
to disregard the legislative act? And
why is this 50 universally conceded?
Because it is said they would be acting
in a j2tdiciaz capacity, and as such they
must decide upon the relative authority
oflaws. Are not these conductors of our
elections essentially clothed with judjcjat
functions? Are they not the judges Of
the qualifications Of voters? Is it less
important to have sound decision upon
the most sacred Of d mans rights Of oiti-
zenship, than upon his rights to horse?
Decisions of the State and Federal
judiciary, without number, might be
brought forward to show that wherever
the Constitutionand legislative acts come
in conflict, lie who enforces the uncon-
stitutional law does ii Ct his peril. 1T is
no defence III d court Of justice to say,
that the party acted il obedience to a
law, II that law is itself in violation Of
the Constitution. The Constitution Of
the United States Is The supreme law of
the whole Union. The Constitution of
West Virginia Is The supreme law Of the
State. All legislative acts, not in con-
f5rnaity With tie sglgalsa iaw, are alt'7
',.d cold. aid al! persons entrusted
with the administration er execution Of
the laws, under eur system, are bound
10 look 70 the fountain head Of all power
the aori5tola Constitution.
But why argue, upon general grounds,
a proposition so plain as this, in the case
Of conductors Of election? Is not their
oath the law to them? And does not
that oath peremptorily. and inexorably
at the polls, solely in reference to the
requirements OF the Constitution? 1t is
that instrument they swear to support,
in the very act Of assuming to discharge
their duties; and it would be strange
indeed, if, according to the doctrine Of
the Radicals, they are at liberty to dis
regard the only authority to which they
profess submission, when entering upon
the duties of their Office?
JudQe Underwood and hts AGENTS.