The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1869-07-16
THE REGISTRY LAW.
1t is Declared Unconstitutional;
Injunction AWarded-Jus-
tice Sharswood's 0pin-
ion in Full

On Saturday, in the Nisi Prius, JUS
tice SharswOod delivered an opinion in
the case of Patterson and others against
Barlow and others, involving the con-
stitutionality of the Registry Law. 1t
will be seen that the law is declared
unconstitutional and the reasons given
for this decision are presented forcibly,
and in language not to be misunder-
stood.
The following is the opinion in full:
SharsWoOd, J.-rhiS bill alleges that
the act of Assembly, approved April
27' 1869, entitled IAN act further sup
Elemental to the act relative to the e.
lections of this Commonwealth" is un-
constitutional, and, therefore, void. If
this is so, then previous decisions OF
the Supreme Court, the authority OF
which is binding upon me, have set
tied that the execution of it may and
ought to be prevented by injunction.
Moss VS.. Reading, 8 Harris, l8S Sharp
less VS.. The Mayor, lib, 447 Mott vs..
Pennsylvania Railroad Company, 6
Casey, s.; Ewing VS.. Thompson,
Wright, so; Kerr VS.. TregO, III Wright,
292; Page vs.. Allen ct. al, >. e., July
,, 1868. Although sitting as single
Judge at Nisi Prius, am undoubtedly
bound to act according to nay own con-
victions under my oath to support the
Constitution; yet upon a question OF
this character and magnitude, L would
hesitate long before arreStlng the exc
cution OF an act of the legislature, If
my decision could not be Immediately
brought before the Supreme Court by
an appeal.
Ia order ''that the general great and
essential principles Of liberty and free
government may be recognized and un-
aIterably established the people ofthis
Commonwealth, in the fifth section OF
the ninth article of the Constitution,
have declared ''that elections shall be
free and equal" To make it perfectly
clear that this and the other provisions
of that article-headed Declaration of
Rights-Were not intended as directory
merely, but that they were TO be ap
piled and enforced by appropriate sane
UiOns and remedies, they emphatically
and solemnly add "ro guard against
transgressions of the high powers,
which we have delegated, we declare
that everything in this article is ex
cepted out of the general powers of
government, and shall forever remain
inviOlate."
L
that any legislative act which destroys
or impairs either the freedom or the
equality of elections is null and void.
These words in the Declaration Of
Rights have certainly some meaning.
They are no 6TJaeDl ,fUtB1e1l. They
were intended to prevent wrong or
wrongs, which might be attempted un-
der the forms of law. They were use
less else. 1t is the manifest duty of the
judicial power so to cOnStrue them as
to give them value and effect as an eX-
preston of the will of the people, made
known in the highest exercise of their
sovereignty, and paramount, therefore,
to any act or resolution of the LegiSla-
ture, or any other department OF the
government.
propose to consider what was meant
both by the freedom and the equality
of elections, and then apply the declara-
ton of the Constitution as thus inter-
preted To the act of Assembly, the va
lidity of which is now brought in ques-
ton.
BY declaring that elections shall be
equal, l think that it was evidently in
tended to provide that the regulations
for conducting them should be uni
form and that no distinctions, especial
ly as to the evidence required to prove
the elective franchise, should ever be
made between one class of citizens and
anOther-betWeen those residing in one
place and those resi- ing in another. If
equality of election does not mean this,
it means nothing.
The Constitution, in section l Of ar
tiele III, has defined with great accura-
cy those who shall enjoy the rights of
electors. This definition of the cleo
tive franchise the legislature can neith-
er enlarge nor abridge. Subject to this
necessary limitation, they doubtless
have the power to prescribe how the
tribunals shall be constituted and chOs-
en-, who shall receive and count the
votes, and, of course, decide who are
and who are not electors the manner
in which, and the officers by whom
persons may be qualified by the assess
ment and payment of tax, and the
evidence required of those who offer to
vote to prove their qualifications.
In ali these respects, however, as it
seems to me, in order that elections
shall be equal, the regulations on this
subject must be uniform throughout
the Commonwealth. If the legislature
should enact different rules as TO differ
ent classes of persons claiming to vote,
no one, apprehend, would venture to
contend that such elections were equal,
or such laws constitutional. Put the
case that it should be provided that
professional gentlemen, clergymen,
lawyers and physicians should only be
required to prove their qualifications
by their own oath or affirmation, or by
their word of honor as British peers,
and all other persons by the testimony
OF one or more witnesses on oath or af-
firmation, would any one, lawyer or
layman, hesitate to pronounce elections
so conducted to be unequal, and the
provision therefore unconstitutional
TN what conceivable principle can a
distinction be drawn between such a
case and that of an act establishing one
rule for the people living in one elec-
ton district, and different one for
those in au0ther-One rule for the peO-
pie of the city of Philadelphia, and an
ether for the people Of the city of Pitts
burg, and the other cities and counties
of the State? | have faithfully
endeavOred to discover, but
without success. 1t was a wise
foresight in the trainers of the funda-
mental law to declare that elections
should be equal. What more likely to
occur in the heat Of political strife,
which so often blinds the eyes Of men
to what is just and right in the pursuit
of victory, than that a majority in pow
er should attempt to maintain it by
throwing embarrassments in the way
of certain classes, whose sentiments
they might know or fear to be adverse
to them-to make the process of voting
more troublesome, uncertain, dilatory,
or expensive to them than to others, or
to accomplish the same unjustifiable
results as to some particular section of
country, to whose inhabitants they
may have rendered themselves obnox-