The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-09-21
WHEELING, Sept. 9. 1863.


Supervisor Centre Ip.
WHEELING, Sept. 9, 1869.
GENTLEMEN Your letter has been
handed me to-day, asking my OPINION
in relation to your duties rs supervisors
and INSPECTORS Of election, under the
second section Of the act Oh February
81. 1865. to amend the laws relating to
elections.
That section provides, i'll effect, that
when any person offers to vote, II ms
vote be challenged, the supervisor ana
INSPECTORS shall refuse to receive 1t, until
he produces TO them his affidavit, sworn
to and subscribed By him, IN the par
tjclllar form set forth in the act. lhey
are to reject the vote, if the oath be not
produced, Notwithstanding the person
offering to vote may possess ail t l
qualifications of Il voter required by tue
constitution Of the State.
The right of suffrage Is the iounaa'ion
on which rests the whole structure Oh
republican government, ana Is theie-
fore properly defined and regulated ~
the constitution itself. To prescribe VINO
shall be their own constituents Is no
part of the legislative power; III every
State of the Union, this is done by the
constitution. not legislative acts. The
Legislature may pass the necessary laws
TO carry into execution the provisions OF
| the constitution on the subject, and there
their authority ends. In cur State AT
| least. no authority over the right OF sui
frare has been granted to the Legislature,
except in single instance hereinafter
noticed. Yet our Legislature, delegated
by the people to exercise only the powers
conferred by the constitution, have
assumed the authority to prescribe who
shall ne the constituency OF tbs State.
If they may require the officers OF
olartion to reject the vote of amy one
Who has not taken the oath in question,
tbev may impose in the same manner
a,,y other restriction upon the right OF
S "p,3 that may suit the prevailing
not;o5 ~ the day. The supervisors ana
insnerfor. my be required by lazy 10
r ,ia he vote o. every one who Is chal-
jenoed unless he produces certlflcate
to show that he is d rlember OF a par
tfctlar religious denomiIia. ION, ofueclal !,
under oath his determination 70 suppor'
the measures of some political party
The right of suffrage will depend ups =
the passions or the prejudices which may
influence the Legislature of the day.
Such, however, was not tbs intention OF
the constitution.
FINDER the sixth section Of the first
article of that instrument every citizen
of the United States residing III West
Virginia is citizen Of the State and hS
the first section Of the third article, the
white male citizens Of The State shall b(
entitled to q vote at All elections helC
within the election districts in Whlcl
they respectively reside, unless they ar'
minors, paupers, OF tmsound mind ,unde
conviction Of treason, felony, or briber!
in an election, or have not been resi-
dents O. the State for n year and OF III
county for thirty days.
, The right of citizenship is here places
beyond the control Of the Legislature
Anvperson who is a citizen ofthe Onlte
; STATES under the laws thereof, is, by fore
, of our own constitution, q citizen OF III
:. State If ne resides therein.
5 The right of suffrage is equally beyon
the power Of the Legislature. Inc !al
4 onade of the constitution is imperatlV
II The white male citizens OF 1ne e.a. tn'
Ia is there said, shall be entitled TO Vo,s
n MI ELECTIONS held within the election ca
III tricts in which they respectively resi-,
y unless they are within the eXeeptlo
which are clearly defined IN the III
section of the third article. W hat flg
\ ave the Legislature to say mat w "
a. lie citizen, not included within tn.
YnlA otions, shall not be entitled 10 ,
! exec, ease then is this: Certain cl'lze
] The the qualifications required
possess tuition to make them vote
the consh ltion says "they shall be
The coTsti,. a" The Legislature 5;
titled to YIN ,ot-we require nothi
s-they Shall \, gentlemen, ouf
further WI. impossible to com
YOU to obev . ' It;s should, thereto
with both ANA nn,, w of the Sta
obey the fi'n ,lIu yuu that you t
need NOT r,,,..:,,J -.