Maryland free press., 1866-08-09
poxer Of Jsdges q etIon.

NJ 1espouse 10 NnlnqUFy $50 tnes- power
ofAhe-Jadges -of~ Eaectien.-te-rejses-she
vote Of party whos has fboehY daily regis
tered, gives the following decided opinion,
supported by decisions ofthe Court Of APP
tpcais ofthis State, which. we think, are
sufficiently explicit to set at rest this .ques-
ton: OF PilR ''-s =" 1'',92l -. -
~ Baltimore. July 26. 1865, rs
Dear Sir: You ask my opinion upon
the question whether a person regularly
registered and returned on the list iof
qualified and registered voters, may still be
rejected by the Judges of electionai ono tas
This question has been finally settled
by the Court Of Appeals, in hAnderson's
case and there is now no room for any diff
ference of opinion about IT,. The opinions
Of tile judges in this case were delivered
seridtin,, and were published in the Balti-
more American, early in November 1865.
I make few hasty extracts from them,
leaving those who desire fuller information
TO refer to the opinions themselves, 'si'ia4H
Chief Justice Bowie, after. promising
chat "the General Assembly were requir-
ed to provide by law for a uniform regis
tration ofthe names of voters, which
should be evidence of their qualifications
at elections hereafter held" &c., proceeds
TO declare that "under the old system the
judges determined the qualifications of the
voters at the pools; under the new, the
registers ascertain and decide beforehand
those who are qualified, and Those who are
disqualified &c. 800 500 = -.
Judge Cochran, in the same case, uses
this language: 1.-The General Assembly
is required by sec. 2 Of art. of the Con-
stitution to provide by law for uniform
registration of voters; which registration,
it is declared, shall be evidence of their
qualification to volt" &c. "Thc 4th SEQ
!. ton requires the judges of election and
officers Of registration carefully to exclude
all disqualified persons from, voting and
registration" &c. lit is necessary. in this
connection, to repeat in more exact terms
what has already been said in sub tance,
and that is that by sections /. 3. 4 and S
of this article the privilege of voting is
given only to white male citizens possess
Of the legal capacity, and above twenty
one years of age, who have resided twelve
months in the State, and six months in any
election district or precinct, and have not
BY word or deed, adhered to the enemies
OF the United States, nor have been con-
victcd of bribery or other infamous crime.
To the citizens so described. and to them
only, is the right of suffrage given. The
privilege, however, is still further quail
fed, as We have seen, by another limita-
ton. and that is that the citizen shall take
the oath prescribed in the 4th section.
which further declares that the persons
declining to take it shall be excluded from
voting and from registration; and that reg
lstration, after law for registration has
been passed and carried into effect, shall
be the evidence of the right to vote, and
without which no citizen shall be allowed
to vote. 1t is also said in this section
that taking the oath shall not be deemed
conclusive evidence of the right to vote.
/ These provisions are specific and affirm
alive, and their purpose is too clear. direct
and positive to admit of misrepresentation.
They require the General Assembly to
pass such laws for the registration of vo-
tiers as they may deem expedient to carry
into effect these DISTINGUISHING clauses; and
in declaring it to be the duty of the officers
of registration carefully to exclude from
registration all disqualified persons they
create the agency, and confer upon it OK
elusive jurisdiction and power to determine
finally, and in full, all questions as to quail
i6cation and right of registration. The
duty of carefully excluding all disqualified
persons from registration, is a special, lin
tied and exclusive duty, involving an ex-
ercise of Judgment and discretion, alto
gether independently of the supervisory
power OF any other tribunal or department
OF the government. Whether it was con-
sistent with sound policy TO clothe the off
GERS of registration with power thus be-
yond judicial control, is altogether foreign
to the present inquiry. 1t is enough TO
find that the people have expressly
conferred it by the terms of their organic
law" And again: We have found that
the constitution provides for asccrtaiuing
by registration of be voters to whom the
privilege of voting was extended, and that
it clothed the officers. charged with therdu
ty, to the exclusion of courts and juries,
with full power aud jurisdiction to- hear
and finally determine all questions as to
to the right of voting and registration, !"
And Judge Weisel, in the same case,
holds the following language. -" ri. .'
The right to yote-the question o,
qualification or disqualification of the per-
sons offering to vote---is to be established
by the tribunals established by the law for
the ascertainment of the necessary facts
that enter into the inquiry. Means are
appointed and judges provided to, deter
mine the questions with all the guards that
the nature of the investigation admits of,
This power and trust must be reposed
somewhere; and in this State, and in all
the States Of the Union, it had been COM
mitted to judges Of election, who are o,.as;
Judicial officers, clothed with the powers
and discretion necessary for, the perform.
anco of the duty, as delicate as it is in,por-
tant TO the well being of republican gov
eminent Tho ra0ietrat;n,, ,f 49,. 80.