Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-09-27
70 the voters of Hampshire County !:

applied to the Registrar of the Komney
Township to be registered as voter, ana ne
refused to register me unless | would take the
/ oath known as the test oath: this could not
and would not do. l then applied to the Board
of REGISTRATION. and they also refused
Believing that / had clear right 10 vote,
and unwilling to be deprived OF that riSht with
opt using all the means that, IN my judgment,
the law authorized to prevent 1t, l applied. at
tbe MAY term, to the Judge OF tins Circuit Tor
n Writ Of Mandamus to compel the board OF
REGISTRATION to register me. The Judge issued
a summons against the members OF the Board,
70 show cause why | should not be registered,
and the matter was continued until this term.
At this term brought the case up and ar
oued it before Judge Harrison, presiding in
1loce of Judge Bunker. After mature consld-
Grafton the Judge, on Friday last, directed the
following order to be entered:
:. James d. Armstrong, as. The Board of
Registration of the County of Hampshire:
On an application for a mandamus, requiring
the Board of Registration, of the county of
Hampshire, to register, the applicant, as vo-
ter in the township of Romney, in the county
of Hampshire:
The process issued in this cause at the last
term. having been duly served on the members
of the said Board, and it appearing by the en-
dorsoment of the said Board on the application
made to them, that they refused to register said
applicant. unless he would take the oath speci-
fed in the third section of the registration act,
PASSED the 23d day of February, 1866, and the
court being of opinion, that so much OF the
registration act, as requires any registrar to adj
minister the oath prescribed in the Sd section
of said law, before registering such person, Is
unconstitutional nall and cOjd; being also of
the opinion that the adoption of the amendment
70 the Constitution on the 9th day of May,
1866. cannot give validity to said registration
act. it having been passed before the adoption
Of said amendment: z IS Ordered, That per-
emptory writ of Manadmits be awarded, direct
cd to the members of the Board of registration
of the county of Hampshire, commanding them
to cause the said James d. Armstrong to be
registered as a voter in the township of Rom
nev. in the said county, and it is further order
ed. that the applicant recover against the de-
PENDANTS his costs by him herein expended.
A copy-Teste,
You will perceive from this that the Judge
has decided. in the most unequivocable manner,
that the Registrars have no right to require
the test oath of any one; that every voter can
compel the Registrar to register him /; and In
determining who are voters, the Registrars arc
to be governed by the Constitution of this State,
and not by the provisions of the Registration
Act: and he has ordered to be issued the most
authoritative writ known to the law, command
inc the Board to register me as voter, disobe-
dience to which is a contempt of court, and sub
iects the member of the Board to heavy fine
and Imprisonment.
1t is thus settled by this decision, that every
white male citizen who has been risident Of
the State for twelve months, and of the county
thirty DAYS, not minor, or of unsound mind,
or pauper or under conviction of treason,
felony. or bribery in an election, has right to
vote whether he bore arms or not.
| would, therefore, urge every voter to APP
ply Immediately to the Registrar of his town
Ship to be registered, and if he refuses, it will
be a wilful and deliberate violation of law and
YOU should then apply to tie Board of Regis
tration, and if they refuse, take immediate steps
to compel them.
The Registrar is required to sit at some con-
venient placein his township, on Friday Sat
urday of every week, from the first Thursday in
August to the third Saturday in September, in
elusive, and hes bound to register a voter at any
other time provided the application is made to
him more than ten days telore an election.
If you value your liberties and the right to
have a voice in deciding what taxes shall be
laid on you and what officers shall have power
over your persons, and property, and dearest
rights act promptly
If any voter desires further information
let him apply to me or to other members of the
bar here, and we will attend to the matter free
Of charge
JAS d. ARMSTRONG.
Romncy, Sept. IS, 1866.