Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1868-06-05

9DoAN MAhH aGLh AAD tuN8 MaA6 crime
lnal without an examination of the
provisions Of this act." Upon such
examination " appears that tho judges
OF election must challenge each per-
son oUerlng vote, having a distinct
and Visible adhiEtnra of African
blood =; administer to him an oath or
affirmation TO full and true answers
make to such questions Rs. NAV be nut
TO you (him) touching. your Chis) quail
ifcations as an electOr." Then must
follow an examination BY the judges Of
the person challenged-and If after
such examination the vote be not re-
jected, the judges shall require him to
produce before them two credible Wit
nesses, who shall be examined under
oath or affirmation, Other witnesses
may be called by the judges,
or by She party challenging, and
examined under like oath or afirma-
ton. Then follows section B, which
reads as follows;
''If the party challenged, OF any PER-
son lnterr0gated as aforesaid on bis
behalf shah refuse 10 &hsEer fully uuv
question as hsrein prescribed, The
Judges shall reject the vote and if the
judges shall be satisfied from the state-
ments ot all the persons examined and
the evidence addUced, that the person
offering TO vote is white male citizen
OF the United States, before receiving
ms ballot they shall tender him the
following oath or aEirmations fYou
/ do solemnly swear (or afiFm) that To
the best Of your knowledge and belief.
you are Q white male citizen Of the
United States, and know the fact 10 be
SO from a knowledge Of both your par-
ents and your pedigree.
The Legislature may, as I have al
ready stated, provide a reasonable and
proper mode Of asoertaining the aual-
lhcatlOns Of an eleeter and may re-
qulre him to produce at least two
credible witnesses; but in this law
there is no provision for him to cali
any number Of Witnesses.
The Legislature may also require a
rejection Of the vote If the person ehal-
lenged refuses to answer any question
bearing upon the subject matter of the
inquiry; but to provide that the vote
must be rejected if one of the appi-
cant's witnesses shall refuse to, answer
a question, is in fact to Introduce an
addlhonal qualification, and TO, in ef-
test make the Constitution read: "Ev-
cry white male citizen Of the United
states, &c, who can present two
credible witnesses who will NOT refuse
TO answer questions, shall be entitled
to vote" &c.
Even if there be a doubt upon this
point, there can be none whatever that
the requirement Of the oath set out In
section is in letter, spirit and sub
stance positive and distinct addition
by the. Legislature to the constitution
al provision defining the qualifications
Of electors; and as the only
power given TO the Legislature by the
Constitution to affect such gualiica-
tlons IS to determine the time Of resi-
dence In county, township and ward
that shall entitle any voter 60 cast his
vote therein, it is also clear that the
Legislature has no power to require
this oath, and the judges Of election
have no right to reject a vote in case
the person challenged shall refuse to
take said oath.
Whenever tho person challenged,
has been sworn and examined touch
ing his qualifications as a voter, and
has answered all relevant and proper
questions concerning the same, and the
judges are satisfied from the state.
ments Of all the persons examined, and
the evidence adduced, shat the person
Offering TO vote is white male citizen
of the United States, (that is, that he
is more than half white, and born in
the United States, OF duly naturaliz-
ed), and has resided within the State,
county, and precinct the time designa-
ted by the law, il becomes the duty Of
the Judges OF election, under their
.oaths' to receive the vote; and it Is
the right Of every person to aid. abet
and counsel the Judges to so perform
their duty yet these sections, z and 8,
make the performance of this duty by
the judges, and the exercise Of this
right By other persons, criminal. In
short, section z makes it a crime to re
ceiVe the vote Of a qualified voter,
who is guilty of no default; and sec
tlOn 8 makes il D crime to aid, abet OF
counsel Judge Of election in doing
his duty according to the obligation Of
ais oath, have no doubt, therefore,
and 50 charge you, that sections 5, 2
and 8 Of this statute are unconstituti0n-
al and void, and no presentment or in
dictment should be found by you un-
der them, or either of them.
Section 6 and IL also define certain
acts as crimes and provide for the
punishment Of any person "Wilfully
deposing, declaring or affirming any
matter 70 be fact knowing the same to
be false, &c" and section II provides
for the punishment Of any sheriff who
shall refuse to furnish a posse and
protect any poll (after demand made)
from violence and interference.
As these sections are separa te and
distinct from the ones before alluded
to and can stand alone, you viii con-
slider them as in full force and as un-
affected by anything / have said
While referring TO sections B, Z and 8,
I have no right at this time 70 say 10
you more than / have said; and have
said no more than duty has required
of me. I have said that sections. 5, 2
and Of this act are unconstitutional
and void that am unpTepared TO say
that sections 6 and III are unoonstitn-
tional and therefore charge you 90 con
slider them as constitutional and valid.
The other sections Of the law do not
at this time call for Interpretation by
me or action by you.