The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-09-26

NJ. L. CARR.
Judge Jackson and the Enforcement
Act.
Judge JAcKSoNs charge TO the Grand
Jury at Clarkshurg, in relation to the
effect of the act of Congress to enforce
the right of citizens to vote, merits and
will receive much attention, even be-
yond the limits of West Virginia 1t
is a calm, dispassionate and unpreju-
diced Interpretation Of the law, and
makes perfectly clear the effect of that
law in securing to every one who il
legally qualified to vote their right to
10 so. The opinion is evidently pre-
pared with that care which JuageJACE-
s1x usually gives TO the preparation OF
important papers, and we are we'll con
WINGED that it withstand the closes; scru-
tinv. In fact, the view taken, of the
enforcement act in this charge, Is that
which prevailed in Congress at the time
of its adoption. 1t was generally adj
rnitted by those who voted for the pas
sage of the act that legally qualified
white men were embraced within its
provisions, aud they would have ridi-
culed that construction Of the law
which limits its operations TO the negro
race The author of the 2ct would
doubtless be greatly amused were he 10
see the manner in which the law has
been tortured from its obvious intent by
the Attorney General Of West Virginia,
in his efforts TO serve the ends OF pro-
-cription. The law was intended solely
to defeat prescription, not TO advance
its cause; it was intended to prevent
the illegal Acknowledgement Of all citi-
zens of the United States, not the ne
groes alone.
The proposition assumed by Judge
JACKSON, that the enforcement act takes
from the Registrars and Boards OF Re-
si,tration the discretion they have here
toiore exercised, is well sustained.
They are no longer the supreme arblters
OF the right of the citizen to vote.
Their opinion, whether real or felgned,
is no longer sufficient to exclude iron,
the ballot box the votes of those who
have complied with the forms OF law.
If they can prove that the citizen who
sppliesis not legally entitled to rcgistra
ZION; if they can establish by compe
tent testimony that he has sworn falsely
and that he did voluntarily engage in
rebellion, of course, under our present
State constitution, they can defeat his
right to vote. But they cannot exclude
him merely because, notwithstanding
his oath, they pretend to he mot salts
fed concerning his loyalty, or because
they choose to take this means of graft
fying their private animosities or per
sonal quarrcls They have no discrc-
ton in the matter If a legally quail
fed citizen comes before them for regis
tration, they are bound to put his name
on the list if they arbitrarily refuse,
they cannot prevent his voting, for the
supervisors and inspectors OF election
will still be bound to receive his ballot,
upon affidavit as to the facts.
These are the views we have enter
tanned and expressed from the first, and
for the expression Of these opinions
Democrats have been denounced as liza
hle TO punishment for the intimidation
Of registrars Efforts to require the !
Boards Of Registration and townships /
registrars to obey the law as it is now .
interpreted by the Judge Of the United .
States District Court, are called by the !
Governor "a concerted and mischieyous ,
plot. The construction put upon the
act of Congress by the judicial officer
whose duty it is TO construe that law, is
pronounced by Governor STEVENSON,
whose learning as lawyer is yet uu-
known to fame, to be "false and vio-
lent" Now let us see how far the Gov
ernor will persist in what he and his
friends have been accustomed TO de
nounce as "the pernicious doctrine of
State rights :" how far he will persist
in instructing his officers to nullifv the
execution of the act of Congress,
1t must remembered, however, that
the conservative men of the State who
are insisting upon the proper enforce
raent of the act Of Congress, are not
asking for any violation of the Consti- ,
tuition and laws Of West Virginia We
ire not as the Governor falsely asserts, q