Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1869-08-17
A GOOD LAW AND GOOD SENSE.

A GOOD LAW AND GOOD SENSE.
We copy below portion of charge made
to a grand jury by Judge FURGUsoN, Of
West Virginia, which will amply repay care
full reading, and which We commend specially
to the study of the batch of political trick
stcrs yclept the Board of Registrars Of Jeffer-
son county. Judge Furguson is one Of the
most uncompromising radicals on top of
ground, but since his elevation to the Bench
his splendid legal attainments enable him to
state his legal opinions with great clearness
and force, and, we take it, the result Of the
late elections in Virginia and Tennessee has
worked him up to a full sense of the fact that
power is departing from the ultra radical par
ty, and has made Kim open his own eye to
7indward. We should Ike to hear just such
g charge as this delivered by Judge Chapline
. 70 the grand jury Of Jefferson:
There is great deal of complaint about
the neglect of registration officers by which
men who ought of right to be voters, arc not
upon the list and caunot vote. The rcgistra-
ton law should be administered as carefully
and conscientiousy as any other law, and with
the rights and interests of all parties in view.
1t is L mistake to suppose the registration
law was framed only to protect the interests
of political party. The rights of citizens
arc guarded, and penalties provided for officers
who, by acts Of omission or Of commission,
deprive quilted citizen Of his right to vote.
The lazy is SO framed as to protect both the
officer who administers the Law, and the citizen
who claims the right to vote under it. The
i 1, 4 !
the law as much as he has u remedy Tor any
wrong under any law. The township regis
trars and the members of the county boards
of registration can be made to do their duty.
Any wilfulI neglect by the township registrars
in the performance of the duties of office, by
which citizens suffer in the rights of franchise,
is indictable and punishable under the law.
Another mistaken idea which has become
common is, that in the registration of voters
whose loyalty is questioned, the burthen Of
proof is by law forced on the applicant for
registration. Some county boards Of registra-
ton have been in the habit of telling men
whose names they do not want upon the list
'Sir, we say you aided the rebellion now
prove that you didn't aid the rebelion."-
This is what their action amounts to, if they
not say it in these very words. No man can
be required to prove by others what it is i'm
possible to prove. 1t is hard to prove a neg
alive. Mono CT us can prove that We did rot
aid tic rebellion.
The constitution and laws provide that
every white male citizen, twCEty-one years of
age, not q pauper, of sound mind, not under
conviction Of treason or of bribery at an elcc-
ton, &c, who has been 4 resident Of the State
ore year and Of the county one month, and
did not aid the rebellion, shall be entitled to
vote Now when the claimant to the right to
vote appears before the township registrar, he
must satisfy tho reg strar that he is qualified
to vote according to the provisions just men,
toned. And lie has right to show by his
own evidence, and it must be such as will
satisfy any reasonable, unprejudiccd mind
\ respectable mans statement, under oath, is
generally considered evidence that should
satisfy any reasonable mind, not prcjudiced
Then if a county board of registration no.
tify him to appear and show cause why he
should be permitted to vote, it amounts to the
assertion that he is not qualified to vote
Those acho dllegc that lie as qualified mast
prore 1t themselves. If they charge that he
is disqualified by reason of having aided in
the rebellion, they must prove it before they
have any right to take his name from the list
The county board of registration have no right
to strike u mans name from the list merely
because charges have been made against him
He is to be considered innocent until proved
guilty of the charge.
The law itself makes it the duty Of the
Judges of the circuit courts to give the law
specially in charge to the grand jurics Ills
not supposed you will have any case under
that law before you now but think it proper
to make these remarks that you may all be
prepared by full understanding Of what will
be your duty as jurors whenever a case may
come before you; and that people generally
man know Mat that 1a1o is not to be t'iRed
pM by men undcr the control Of ambitious
office seekers IF you know Of any violations