The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-10-05
Goreraol. Bofema5s's Opinion.

tecded TO the Supervisors and inspectors
of elections his opinion Of their duty IN
regard to the enforcement of the 4e~t
oath, prescribed 20 voters by the Act
passed February -, 1865. lie declares
his opinion 10 ne, that ii is their duty,
whenever person Offering % vote is
challenged before them, 9reqHire Oh him
the production of The affidavit prescribed
by said act, before permitting him To
vote. We have DO objection that tie
Governor should give the people of the
State the benefit 81 his opinion ON any
subject ne chouses-although this j.. we
think, the 1irst instance IN the history Of
the States Of tlI6 Union, Of gubelnatoriai
interference Nittl Inspectors Of Elections
in the discharge Of their official duties,
and is a. nndignifed as it is unprece-
dentod The weight which this opinion
will have with these officers will depend
ON the degree Of eheif confidence in his
ability, as a constitutional lawyer. ana in
his honesty and importantly. IN the eN-
preston Of his opinion. Il has no more
binding authority than The opinion of any
other man equally competent 20 give it,
and equally free from party bias. Acting
in accordance with it, will furnish 10 IN
speetoI4s ne more justification in law for
rejecting 9 legal xote, dian would their
acting against ii. The responsibility of
dceidingupon the qualifications ofxotefs,
rests sotelyupon those whom the law has
invested With Ibis duty and whatever
may be the opinion Of Gov. Borenan,
and however much they may rely upon
it, II they act Illegally in their oflice-if
they refuse 10 receive votes which are
consiitutionallS admissible, his opinion
will afford them 40 protection against
the consequences Of their official mall
feasanee. IT Is in 10 sense the function
of 4 eiatelTret alaW; ofappiy
it 20 the iaeta o. cases as they a1ise-but
simply 10 t3tze ere That Il be faithfully
executed, = when, by the proper tribunals
the Interpretation has been given and
the application made. Should the Chief
Executiye#ef a5sta6e attempt eo=eon6fol
even a Justice Ell tie Peace, in the eXer-
else q his judicial functions, with TIL
Versal consent, il would be pronounced
all OUTAGE. E5lH, tic functions Of officers
who preside At electisns, and decide on
the qualifications Of electors, sie, in this
respect, as clearly Judicial as those OF :;
Justice OF the Peace. This has been 50
decided by The highest Courts Of several
of The States Is tie Supreme Court of
the Federal Govelnment-also by the
courts Of England. II the Wei known
cases Of Kiiham rs. Ward, and Gard
ner ". Ward, "a Mass, 236 and 244
this subject Is fully and leatnedly dis
cussed, and The authorities extensively
cited. But were the question sill al
open one, the very nature Of the duties
which inspectors of elections are required
to perform, shows their functions, 10 g
certain extent, 70 bejudicial. The Consti-
tuition of this State directs specifically
who may, and who may not vote at its
eleetions-or rather defines expressly
what shah be the qualifications of voters,
Now, when at an election, a person
presents himself TO vote, who is 10 decide
whether he possesses these qualifications?
Suppose his vate Is challenged ON the
ground that he is minor. Who is to
hear theevidenee and decide equestion
raised2 Certainly not the Governor noi
the Attorney General. Neither of them
have the slightest jurisdiction Of Che
matter Gpon The inspectors alone rests
responsibility Of making the decisions
and in hearing and weighing the evi-
enee offered, and rendering their de
ision upon ii. they act iudicially, an6
are atone responsible for the decision
made. The Constitution directs thai
none but trdite 1safe citizens shall be en-.
titled to vote. Now, suppose the Leais.
lature Of 1865, in one Of the moods Of its
maddened frenzy, had passed AN aet that
negroes should be permitted to vote, anc
the Governor and Attorney General LA,
officially declared it to be their Opinion
that IuGnaltaYG 81. TT ,as.f ians :. 20 hound i,