The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1866-10-18
TFrom the Frederick Citizen.
Opinion of Hon. Richard Mar
shall and WIN. y. Ross Esq
ON tile Erect Of Registration.

/
Election have the power to'reyise the
action of Registers, to institute inquiry
as to the action Of the Registers in reg.
istcring voter, and to exclude from
the right of suffrage person duly reg
| istered
This involves necessarily the coustruc.
ton OF the provisions Of the Constitu.
ton and the act Of the Legislature Civ
ing efficacy to the Constitutional provi.
sion by the enactment Of the Law passed
at the January session, 1865, entitled,
San Act relating to tho Registration OF
the voters of the State"
We have been spared an examination
into the provisions Of the Constitution
and Of the Registry Act in reference to
the question proposed, by the emphatic
language of the Judges Of the Court Of
Appeals in the case Of Thomas Amber.
son u.s. John w. Baker Ct al, October
Term, 1865.
Without adyerting TO The point in is
sue ia that case, il is only necessary 10
quote the language used by the several
Judges in announcing their opinions, to
exhibit their several views as to the re
speetiye powers to be exercised by the
Registers and by the Judges Of Flee.
ton. We quote from their decisions as
follows:
CaiEP JusrIcE Bowie: "The pow
or thus conferred on the Registers by
the Act of Assembly carrying into exc
culion the provisions Of the Constitu
tion, is a police or political power, close
IL analogous TO that previously committed
to the Judges Of Election power on
the due execution Of which, the inaug-
uration aud succession Of the several
departments Of the Government de.
pend"
Under the oH ystem, the judges
determined the qualifications Of the yo.
ter ut the Polls under the ncre, the
Regist AIRS ascertain aud oaroH bcfore-
hand those who are qualified aud those
who are disqualified. subject alike TO liza.
biity in damages, il they rdtfaiiy, cer-
rgyfiy Or m0l,ciousiy exclude any who
are entitled.
| JupaE Cochran. ITO the citizens
40 described, aud to thcm alone, is the
right ogsufTfagc given. Tho privilege,
however Is slill further qualified, as We
have seen, by another limitation, and
that is. that the citizen shall take the
oath prescribed IN the 9Th Section.
which further declares, that the person
declining 10 take il shall be excluded
iroin voting aud from registration, aud
tina. registration, aiteg law ha, hecu
passed and carried into effect, sha'l be
evidence Of the right to vote, aud with.
oat which no citizen Is to be allowcd to
vote.
"Thcy require the General Assembly
10 pass such laws for the registration OF
voters rs they may deem cxpcdIont 70
carry iuto effect these dislranehislpg
clauses. aud IN declaring il 70 be the
duty Of the officers Of Registration cars.
fully to exclude from registration all
disqualified persons, they create ~
age,,cy aud confer npon Il rfctaa'rc ja'
risIi,f,on and power TO determine 1iaatig
and - IN all qucsiions a. to quallhcs
lions aud right To registration The
duty Of csrefully excluding al jif'iu !.
lied pcrsoas frpm registration ~ q
lpscpi, limited aod ,rcitrirr duty in
yolying aa exercise Of judgment and
discretion altogether beyond the sY-r..
risDcy and css6oiaing power Of 'tsg IN
~ tribunal OF department Of the Gov
cruRout. Whether II Wis consistent
with sound policy TO clothc The oiicers
Of registration sith power thus b..
! yond judicial control IL altogether for
eien TO the prcsoutinquiry 1t Ia enough
10 frd that the people have expressly
conferred it lay the terms Of their or
ganic law"
"S,ill We have found that the Con.
stitution provided for asccTtainiug by a
registration o. the yo;crs, 70 whom the
privilege Of voting was extended and
that Il clothed the officers charged with
the duty, 70 the exclusion Of Courts and
Jurics with full power aud Jurisdiction
TO hra, and tiSoiiv determine aN qucs.
,ious As 10 the right Of rotiag aud reg.
isfratioa.
JuBGg WEIsELi "Tho right to vote
the question of qualification or disqulli-
fcaiion Of the person offering 20 vote, IL
to be decided By the tribunals estab.
lishcd by the law for the asccrtainmeut
Of the necessary facts that cutter into
the inquiry
The Rcgia,raiion Of voters is but
another mode for asceftainng the same
ends, introduced into the government Of
some Of the States, aud nov authorized
in Maryland"
} 1T has the advantage Of ascertain.
ing bctorc the days Of election, who are
qualified to vote at the elections when
they arrive They are TO sit at times
and places made known to all interested
by the most public notice, aud their
procedure is carefully marked out by
the law. The Judges Of Election are
By this means rsiicrcd from duties
which they could but imperieetly per-
form in the brief space Of one day At
/, the crowded polls of an exciting elee-
ton
And in speaking Of the Presidential
election in 1864 Judge Wese uses
the following terms "Tho qualilica-
tions of the voters were the same then
as nor. They were Judged Of then by
the Judges OF Election instead of MS
now by the officers of Registration. But
the change in the mode or means OF de-
termining the qualification Of the voter