The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-09-15
- THE REGISTRY LAW.
copperhead caviIIers Answered.
AWRrn,rirnArrn
THE'LAWs YINp1oATED.

=
The following article, In explanation
and vindication of the Registry Law,
SO much denounced because it success
fully executes the provision of our Con,
stitution excluding unrepentant rebels
from the polls, lis from the pen of Hon.
Joseph F. Hoke, who, as lawyer and
member of theSenate that helped frame,
the Registry Law, may be presumed to
know whereof he writes: tl
Copperhead papers and speakers feel
most wonderfully exercised over the
working of the Registry Law and the
protection thrown around registrars by
a late act of the Legislature.
BY the constitutional amendment, all
those who since the first day of June,
to the rebellion against the United
States, shall not be allowed to vote at
any election held in this State, unless
he has volunteered into the military or
naval service, and has been honorably
discharged therefrom. 10 carry out
this amendment the registration law
Under the Act of 1866, there was no
special liability by statute on the part
OF the Board of Registration, and under
the common law the members of that
Board were exempted as judicial Ioth-
GERS from all civil liability:
The judges of this State have almost
unanimously sustained this common
law principle in their rulings in suits
against members of the Board of Reg
istration, under the act of 1866, and con-
sequently in every such case they have
without hesitation dismissed such
suits.
But In the year 1867. the Legislature
changed the common law in regard to
lfn Of
them by special act, liable in civil ac-
lions at law.
The Legislature contrary to the com
mon law, which has protected judicial
officers from time immemorial against
civil suits, by the Act OF 1867, rendered
every Registrar and member Of the
Board of Registration liable to be
dragged into court for striking any
person from the registry of voters, no
matter how clear or plain his duty in
the premises.
This Departure from the common law
by the act of 1867, rendering Registrars
liable, the legislature corrected by the
act of 1868. In this, they simply re-
stored and returned to the principles of
the common law, and the common law
both in England and America is con-
sideredthe great bulwark ofcivil liberty
Registrars and Boards of Registration
are judicial ofhcers-they are called
j
decide whether or not man is a voter.
In the exercise of that judgment, the
common law said he should be protect
ed and rendered independent. II the
Registrar was liable or afraid of being
sued every time he rejected a man, the
tendency would be to intimidate him,
and as consequence, he either would
not accept the Office or would register
every one who applied. What justice
of the peace would accept the Office and
decide suits at law, were he liable TO be
sued for every decision he rendered
which a party did not like? and in every
case he must decide against one party,
and that party nearly always thinks
the justice has wronged him. The act
of 1868, does what the legislature fire.
uuently does, simply declares what the
common law Is. Legislatures in their
acts either declare what common law is,
or enlarge it, or restrict 1t. Inthis the
common law has simply been declared
The Township Registrar under the
act of 1866, was simply a ministerial
officer, and SO far no WAS properly
liable for his ofhcial acts; but under
the act of 1857, he was rendered u judi
| cial officer, and exercises his judgnl ent
| i'll all particulars in passing upon the
| qualifications of voters; he may reject
| any person whom he Is satisfied is dis
| loyal-whom he is satisfied has com
mitted any of the acts enumerated in
the affidavit required of voters, though
tho applicant may haze taken such Ouh.
See Acts 1867, Chap. 81, Sec. o. For
this reason also, in the acts of 1865,
Township Registrars were relieved
from liability because they are Judicial
| officers. s-Issa ra-- a
And yet the statute makes these
members of the board of Registration
liable to Indictment, trial by jury, and
conviction II found guilty of misde-
meanOr for wrongfully striking man
from the registry of voters; and for
every such offence he may be fined fif-
ty dollars. Now, notwithstanding
the plain written law of 1865, making
members of the board liable to indict-
ment before grand jury and II found
guilty subject to fine, the Conserve
tive papers have the effrontery to say
that the Radical legislature has reliev-
ed them ofliability for rejecting voter.
We say now this is false, and those
who utter 1t lie, under a mistake, or
intentionally. These principles and
views with reference TO the Board of
Registration, will be conceded by every
one who understands the common and
statute law with reference to judicial
officers; but petty scribblers may still
howl about the Registrars and Board of
Registration being released.
/