The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-07-26
The Act to Enforce the 18th Amends
ment-.-Opinion Of the Attorney
General. ...a.-y
10 III Eteellency, ". Il Btrmmn !.


10 CHARLESTON, July 8, 1870.
h 10 Ah EreElIsaey, w. E. SternSOH:: ~
(. DEAR SIR:--I have tho honor q sui
70 ihittihg tho following reply Is yourlette
n Of tue 18th inst, requesting my constEnt
J; tiOn Of the Act OF Congress entitled "a
Q, act to enforce the.Tight Of citizens q tll
!. United States to vote; EEc:p5 approved Ma
l. 3lst, 1870.
1t A careful perusal ofsaid actmust satisf
l. every fRir-minded reader, that while
e cnforces the 10Th Amendment by "apprg
Il pirate legislation, 1t docs not Ottertntseit
9 terfere, with theEright Of suffrage pl 81
r qualification of voters in the States. Tn
Q first section thereof, while prohibiting
q aDyd distinction Ton Rcepplt ofp4cei f1lp
: or previous condition iol s6rvitdde 3 liilljt
J tho exercise 9th heaEight otSnhfage t05ucl
I citizens as "are,. or shall DO, otherwise
t qualified by law" thereby erpre&sIy reeO0
J, 'liIiRg tte right Of each 6iata, by It's Con
5 stitution and laws, to regulate and con
: troll the right Of its citizens to vote, Stl6iec
: only 10 the 18th Amendment, which pro
: vides that said right "shAll not be denied
or abridged by the United States, on ac
, count Of race, color or previous condition
| oCservitude." This section, us well as the
18th Amendment itself, in effect, renders
i1Qpentve And Void the word "Yftef q
ohts sStAe CdnstifhioRg n "a
"ThcS obvious meaning, And7sole object,
of the second section Of said act, $50 far as
It affects the right Of voting in this State J
Is 10 make Il the duty ot'0tlr registrars and
boards Of registration ITO give TO all citi.
iZcns Of the United States, the, same and
equal opportunity tOpcri0rm" any act that
the constitution or laws Of our State re-
quire to be performed Us prerequisite or
qualification Tor voting, without disttnc-
tiOn on account Of raCe color or previous
condition Of servituds' and II, In afford
ing such opportunity 10 tlistrtmtnatt0n is
made ION account Of race, color or, pre-
viOus condition Of flservitude," full effect
will thereby be given to said section. and
Of course no offence viii be committed Or
forfeiture Incurred. And the reason for
this is, that tic gist of the 0tlanse designed
to be punished BY this section, consists in
denying 10 u citizen t'Otherwise qualified
an opportunity 10 perform the act required.
us prerequisites 10 qualify him toVotc,
"On account Of (his) race, color or previous
condition Of seryitullC." Hence 1t is error
u suppose tllat suit could he successfully
brought untlcr said act against d registrar
or board, &c!,I Iforany other infractiOn of
duty thapa refusal 70 register on account
Ot'race, color or previous condition n ser.
vitude This Inst sentence, u note from
the ATTORNEY General informs Us, was
omitted, by RcofdentIfrom the opinion
printed and ctrculatel; but we insert it
hero to make the document complete as
It's author intended It to be.-EDs. INTEL.
The ht1I section does not apply TO
registrars or, boards Of registration, but
only to officers Of election, and provides,
in effect that II any citizen, by the wrong
f.I.1 IA Y1fuscd 70 pe rug gIstrfcu Ug. ~'SasSo
tpfil1 nrnceS color, or previous condtt10I.I
Of scryitl1e,' he shall be entitled to vote
II "OtherwisC qualified" that Is to sNy, Il
qualified TO vote according 10 the constlj
tuition and laws of this State, but not
otherwise. Unless, therefore, Il citizen OF
this Suite, though OtherPtse disqualified, has
been r3u9ed TO be registered, SoEcty "on
account of (his) race, color or previous
condition OF sCrvitude," his'votcd should
be rejected, by tho officers Of elcctson, 40
matter Soltat odtA he offers 10 tdke, or tchdt
act he offers topcrtorm, for the obvious req,
son, tllNt his name Is not on the TtyIStcr Of
/, vOterS, as required BY section 43, Of Chap
ter 3, of the Code Of West Virginia.
The next ten sections, being nlanVeStEy
intended to carry into effect the sections
above considered, and The remaining Sec
tions Of said act having for their exclusive
purpose the enforcement Of the -Four.
tcenth Amendment to the Constitution Of
the United States, the re-cnactnent Of the
4 act of Congress "to protect all persons, In
their civil rights, passed April ninth,
:, eighteen hundred and ssiXty-Six," and ~
prevent franland violence In election Tor
members OF Congress (without any decla:
ration us to what constitutes "a qualified
voter,rl comment upon any Of them Is
deemed unnecessary.
1t follows, from the views above cx-
Z pressed, that each applicant for rcgistra-
4 lion must possess all The qualifications re-
uuirctl bV our Constitution and laws, cx-
! cent that ho shall not be refused 10 be
registered ION account Of (his) race, color or
previous condition Of servitude." Il mat
i ters mt what oath IN applicant offers to
take, be SHOULD, not be registered unless
the Registrar audjthe Boara Of Registra:
ton are satisfied in the manner provided
tor in Sections 28 and 85, ol said Chapter
8, that lie is "a qualified voter" Nor
should any person DO allowed tn vote
I Though otherwise quallficd) uTlets h0 Is
Teqistered, except where he has been re-
.fUStl to be registered "on account OF (his3)
raco, color or previous condition OF scrvt'
1tude." ..... .,.. ...,.r ".
am further of the opinion, spen II said
erfSrccnent ,rt.r nct IOtLetIcise than by an.