The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-09-03
THE VOTERS OATH AID THE
REGISTRY LAW.

THE VOTERS OATH AID THE
REGISTRY Law.
The Wheeling Register enume.
rating the repeats which 1t demands at
the hands of the next Legislature, calls
for "Lhe repeal Of the voters oath and
the last syllable Of The registration
IaW," and urges the Democrats to "send
men to the Legislature this Fall who
will abrogate the last vsstlGe OF pro.
sCrlption Immediately and forever"
What is the voters oath7 The first
section OF Article III OF the State Con-
stitution prohibits from voting all per-
sons who gave voluntary aid TO the re-
belllon after June l, 1851. The voters
oath was enacted as means Of eniorc-
Ing that prohibition. It requires the
person applying for the privilege OF
voting to swear that he did not give
voluntary aid or assistance to the re.
bsllion after that period. That Is all
there Is OF 1t. The object Is to ascertain
the fact whether the applicant comes
within the prohibition. II might be
Ascertained In some other way; butin
this the citizen Is allowed to testify In
his own behalf, and his oath Is accepted
as evidence, he beIngllablP, Of course,
TO the penalties OF false swearing. II
Is very simple and direct meth
cd Of getting at the fact, liberal to-
wards The applicant and in nine cases
out Of ten doubtless accompllshes the
object OF the constitutional provision.
SO long as this constitutional dlsCrimi-
nation stands 1t must be enforced, and
II the voters oath were repealed "lm.
msdIRtely" some other method, much
more troublesome and Circumlocutory,
would have TO take Its place, or the con-
sLItutIon be virtually annulled for lack
OF legislation TO carry It into effect:
Ia regard to repeating "the last sylla.
Bile OF the registration law" the Regis
ter does not strengthen It's appeals for
fair laws and their impartial execution
by such Wild talk as this. Sometime
sIuce the New York Tribune propound-
ed the Inquiry whether anybody could
point 10 single instance where DEM
ocratlc Legislature had enacted laws
for the purpose Of insu ring purity OF
elections and calculated to effect that
end. We believe there has not been
any satisfactory response to the Inquiry
and cannot be. We doubt whether a
Democratic Legislature here would be
an exception; nor is that doubt weak
ened by such talk as we have quoted.
II the constitutional regulations on
the subject OF the franchise are TO be
carried out, 1t must be done by some
such measure as registry OF voters.
No other mode Of securing fair exer.
cise OF suffrage has yet been devised so
effective as that Of listing before the
election the names oil all who will be en-
titled to vote. The purpose Of a registry
law Is to place In the hands OF the OIL
GERS holding an election at each poll a
list OF al! the persons entitled to vote
thereat. The trainers OF our constl.
tuition wisely made provision au-
thorlzlng the Legislature ITO provide
for registry Of VOTERS" and to pass
such laws as may DO necessary to pre-.
vent corruption or fraud In voting"
There Is therefore no doubt about the
consLitutionality OF registry law,
and In our judgment no question
about the necessity for one at all
times. Our registry law In Its present
shape Is. we think, open to serious OBJ
lection, and does not always effect the
legitimate ends OF such law. What
ever may be said In extenuatlon OF Its
arbitrary features during period
when arbitrary measures seemed to be
demanded by the public safety, they
are no longer jud!clous or tolerable,
and as matter OF experience arc found
to work badly.
The appointment OF all the officers Of
registration instead Of their election by
the people, Is feature OF the law at
war with our Republican system Of
government. 1t could be tolerated
when necessity was the only law; but
happily that time ls past. Tue right OF
suffrage means-the right to choose our
officers; and II the system Is whole
some which rests on this basis, why
shall we not elect those officers who
regulate and control that very right,
which 10 assuredly one OF the most vi.
tai and fundamental Of our rights un.
der the government AS our present
law Is framed, the entire control Of the
SURFACES Of our people Is placed In the
hands Of the county boards OF regIstra.
tlon, and since they hold 1t subject to
the will Of the Executive, It Is not too
much to say that II Is OF last virtually
In the hands Of one man.
1tiS always necessary that regu-
lAting power shall be vested some
where; but It ought to be done under
such conditions as Insure the most
Impartial exercise OF that power.
There Is no sufficient guaranty OF this
where these officers are appoIntlve. Pre-.
cssely here Is the difference between all
personal government and popular gov.
ernment,-between the government OF
one man, as In France, and that OF the
mass, IS here. The theory OF our gov
eminent Is that laws are best al minis.
tered where the officers are elected BY
and responsible to the people Of their
several districts. Is there any sufficient
reason why the choice OF officers 10
regulate our right 10 vote shall ha