Glasgow weekly times. (Glasgow, Howard County, Mo.) 1866-1869, 1866-09-07
THE REGISTRY LAW.
LOUIS V. Us REPLY TO c. D. DRAKE
From the St. Louis Times.

From the st. Louis Times.
| ST. LOUIS, Aug. 27.
EDITOR TIMES Mr.. Drake having given his
views to the public on the Registration law--ant
looking upon this law Ns the most important an,
controlling question Of the day--it is no less i'm
porant that correct Interpretation Of il be PLACED
before the public. Permit Inc here to use thi
| language of Mr.. n, viz:
'No one knows better than that have no po
sition or authority which would warrant nv as.
Stunning anything like an authoritative tone in this
matter. But as citizen, may, without impro.
prlety, express my views with regard 10 it.n
Having very often, within few months given
my views in speeches TO the public on this very
iaW-and these views differing from the views of
Mr.. Drake as contained in his letter of the 25th
instant, 1t is due TO the importance of the question:
and TO the public; that either Mr.. Drake or nv
self, be corrected. Desiring TO make this commit
nlcaton as brief as possible, so that no one NAV be
deferred, because Of its length. from reading it.
I will only notice one or two Of the ponts discuss
ed by MIR. Drake
Will however, say this, that under some ap-
pearance, and expressions of great fairness, his
construction of this law is calculated TO make it
moro onlous and an'-republican than the law it.
selt-bad as itls-bOth a fact, and as yiolatlve
OF the great principles OF self government Mr.
Drake in common with his whole marty seems 70
proceed under this fundamental error. viz that
The right TO vote as well as other rights inherent
in all free Governments. can be withheld. con-
rolled, or extended, or restricted, by the govern
ing party or power administering the government.
This say is great error. This present party in
power in our State is not the source of power: II
does not belong to it to withhold or extend anT Of
our rights, either political or Otherwise. The
right TO vote in free Government is fundamen-
tai rght-that is it is a right laying at the foun-
daon OF the entire supersirlcure; it springs from
'he people as the source Of all power. In Europe,
Where peoples and nations are governed by dynas-
Ucs Gaining 10 he sovereign, this right may prop
10 n riot Tho
IN thls country the people are the sovereigns, and
hold relatively the same power held by the kirgs.
emperors or kaisers of Europe.
Mr.. Drake and Mr.. Fletcher are both sorer-
eigns; but SO am l, as well as every other citizen
OF our broad State. 1t is JOINT Sovereignty, and
there are certain forms known by which the action
OF this common or joint sovereignty is exercised or
manifested. With us the power springs or flows
from the peoples in Europe, according to their
pohcy, II comes or flows from the king or emper-
OF. bul the people can only govern through an
oreaniZaion permanent In its character, otherwise
II would be the government of shifting mob
| which Is no Government at all. Hence the neces
! sNy - q "Htty' Constitution winch IS the 20
\ lornti-!he vo e or will os the people. This
,le supva.ge 5lFvR tAc lend, ahl is the founaa
s-a.@ sAs'~i'tA p - - as,ls- ss siseEss .ssfaf.
| be always in conformity. [ State these funda.
| mental principles which are, or ought 10 be,
known 10 everybody in this country, so os to an
proacn the construction of the law uauer consul
eroton from the proper standpoint Having
as brief as possible, will, on this occasion, only
notice those points OF Mr.. Drake's letter whict
give TO the officers Of registration the power to in
vestigate the qualifications Of voters. Tie view
Of Mr.. Drake on this head are contained unde
four heads, his 4th, 9Th, 9th and 7th points. The
substance Of his argument is this-that tie oficei
has the power TO examine under oath any and al
persons applying for registration, ''as to his quail
lhcatlons as voer''-and that il is the duty ''oi
the officer OF registration before entering the name
NJ m tbar
diligently to inquire and ascertain that he has moi
done any of the acts specified in the constitu ion
causes Of disqualification, and that the admin
istraton of the oath of loyalty should be post
poned until the qualifications Of the party have
been fairly placed before the officer, and 81 0uld
be administered only when he is accepted as
qualified voter in all other respects" !" These views,
contend, are not correct, and are not sustained by
the new Constitution, admitting it for the present
to be the supreme law. 1t is in the Constitution
that the people limit or restrict the exercise of
any Of their political rights; all political power
is with them; bit, for the sake Of good govern
ment, this power they choose TO limit in their
written Constitution. l have often denied, and
do yet deny, that this new Constitution is proper
ly the Constitution of the State. deny the pow
er OF the iate State convention to make a new
Constitution, and furthermore deny that ma
ority OF the voting people Of the State voted to ap
prove 1t; but the party with which am acting
have agreed TO abide by it for the present, and un
der 1t, bad and Infamous it is, TO Try to restore
TO the people of this State, something like free
government. 1t is therefore 10 this constitution
that desire to call the attention of Mr. Drake and
the people OF the entire State. If the registry law
is not sustained by the constitution, il is nulity
II is true questions may and do often arise, which
are dllhcuh OF decision-but when the dscrepan.
| cy between the law and the constitution, is Sc
plain that pTblind men can see t-it is the RICH
nay, the duty OF every one, to obey the consti
tution--aud particularly when this effects the po
litical rights Of the people.
The 4th and 9th sections of the End article
new constitution, are the sections which relate &c
a registry law. The 18th provides, that-the gene
raj assembly shall Immediately provide by law fol
a complete and uniform registration. The III
section says, 'after such a system shall have beer
established the said oath (meaning the oath of 10y
| atY) shall be taken and subscribed by the voter
at each time Of his regstratoR-anv person de-
clning to take said oath shall not be allowed to
vote, or be registered IS a qualified VOTER The
taking thereof shall not be deemed conclusive evil
dence OF the right OF the person 10 vote, or 70 be
registered as voter, but such right may notwith-
standing be disproved. And after a system of
registration shall have been established all evi-
dence for and against the right OF any person as
qualified voter shall be heard and passed upon by
the registering officer or officers, and not by the
! Judges of the election. The registering officer
shall keep a register of the names of persons re-
jected as voters, and the same shall be certified
TO the Judges OF election; and they ahall receive
the ballot of any such rejected voter offering to
vote, marking the same, and certifying the vote
thereby given, as rejected; but no such a VOC
shall be received unless the party offering it take
at the time, The oath of loyalty hereinafter pre-
scribed." These are the very words of the con,
stitution. Now, Mr.. Drake says that under the
ninth section of the act, the officer of registration
has power to examine, under oath, any and al
persons applying TO vote, as TO their qualifications
as voter" and says, this power is granted with
out limitations" and is not confined 10 matters o
affirmative, personal qualifications, but extends a
well 10 the whole field OF enquiry as to his quail
ifcaGons by the act of the party in time past o
otherwise;" and this examination 10 be exercised
before the oath of loyalty is administered to tn
party. | contend these views Of Alr. Drake ar
in direct conflict with the Constitution, and nc
sustained by the section he refers to; but even
il were in the section or the law he quotes,
this law was not sustained by the Constitution
, would be imperative, but really the law itsel
does not bear this construe ton. Bad as the Con
, stitition and the registry law unaoubtedly are
they are not so bad as Mr.. Drake would maxi
them. BY the Constitution the register is made
judicial officer, who is to hear proof as to tn