Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1865-10-07
AN IMPORTANT DOCUMENT
The Right of Suffrage.

As District Attorney for this county,
charged as such with the duty of prose-
cutting in its courts offenders against the
laws of the Commonwealth, think it
timely and proper to call your attention to
a question concerning the right of voting
at the approa ching elec'ion,to the end that
the laws may be kept and the legal rights
of the electors maintained.
The qualifications of an elec'or (beside
naturalization in case Of foreign BIRTH are
few in number, and are plainly sot forth
in the Constitution OF the State; and so
long as that Constitution remains unchang
ed no power whatever can add to or sub.
tract from them. They are rscit"d in
the general election laws, and these laws
are thus made to present the only ques-
tious which arise as to the electoral quail
ifcations of our people,
1t has been alleged recently that non
reporting persons under the United States
drafts, and others who left their districts
to avoid being drafted, are not entitled to
vote at State elections, nd that boards of
election should reject their votes. But
election boards have no right TO reject the
votes of such persons, and no power to try
or determine the question whether they
are in fault or not under United States
laws. The absurdity oil stopping electioue
to try draft questions, is manifest at first
blush and there is no law comforting
such power on election officers, or regu
ating its exercise. On the contrary, there
is most express law, with penalties, to
prevent any such departure frou official
duty by them.
By the IO3d section of the General
Election Law of I'd July, 1889, it is pro.
vided, that
IF any inspector or judge OF any cleo
tion shall knowingly reject the vote Of any
qualified citizens, each OF the
persons so offending shall, on conviction
be punished in the manner prescribed in
the 10th section of the act, &. C. by a
fine of not les. than $50 nor moro thar
$500.
By the 9th section of the same law, i
it is provided, that
"Every person qualified as aforesaid ,ano
who shall make due proof (if required) o
bis residence and payment of taxes as
azores aid, shall be odmuted to vote in til,
township, ward or district in which h
may reside"
And by the 10Th section Of tho sam
law, an Inspectors oath is prescribed
which is in part as follows "
and that / will not receive any ticket
vote from any person other than such as
shall firmly believe to be according to t
provisions Of the Constitution and ta,0S {
this Commonwealth entitled TO vote at sue
election, without requiring such evidenc
of the right to vote as is directed by law
t nor qOiN l vs1attousIy delay or refuse
a rece,ve any cote from any person Who
J, shall believe 10 be entitled 10 V0te as aIoy
e Said," &c.
Y 1t thus appears that the vote Of pc
t son qualified under the State Constitute
and laws must be received, that its reje
,ion is an sndictable o6snse, and that Il
Inspectors are expressly sworn not to rt
o ect such vote, nor even to Ve1qliously a'
: Tag the voter in givingit.
1t There is also ample provision Of law
; protect the voter from annoyance, intim
: dation, or violence from anv person wha
j. ever in the exercise of his right to vote
By section 10 Of the election Law abo
"a mentioned, ii is provided, that
"a 'lf any person shall use
o. practice any Intimidation threats, force
Is violence, with design to influence uudu
or overawe any elector, or to prevent h
- from voting, or to restrain the freedom
- choice, such person, on conviction, sh
y" be fined in any sum not exceeding sol
and be imprisoned for any time not Il
~ than one nor more than twelve months.
By this section severe punishment
.. be inflicted on any person who attem
., to deter an elector from voatiug by thre
u. ening him with prosecution or arrest,
!, using any other intimidation or any TO
,s. with such object,
The pretense that Congress has prol
,as tied non-reporting men from voting
- State elections is not true in point oi f
tly and, such prohibition could have no eft
The if it aoere enacted. Congress cannot
termine who shall or shall not vote {
is. State election, simply because the q
&c. ton is wholly outside Of its jurisdic
OF. and beyond its powers 1t has no po
Der IN connection with, or relation to s
sufft,go ar cl,iEopsh,p, except tbs 20