The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-08-01
Attorney General Caldwelrs
OpiniOn. 80
An Unfair Political Document.
Editors of the Register


instead of being a matured and well
considered opinion Of an act of Con-
ercss that il is a feeble effort to mvs.
thy and misrepresent the true meaning
of the act; and TO give it additional
force and importance, it is heralde,l
forth in the government paper OF the
State, the Wheeling MtelEgencer, of the
2hth inst, under the imposing head OF
The act to Enforce the Fifteenth
Nm.ndmcml-rhe Opinion Of the At.
t,rury Gcurr;l. when in fact the -
alIu tel to has no, such title, but is Ell
u'iui an act to enforce the right OF
citizens Of the United States to vote in
the several States Of this Union. and for
other purposes .-..
The design of the deception respect
ing the title of the act l. transparent
and plainly seen 1t was TO give force
to the lahorcd effort on the part of the
Attorney General, that the act was in
. tended solely for the benefit OF the
negro, and to punish those who with.
hold from him his rights as voter,
Int not to extend the same protection
to the white pan. The title Of the act
itself shows the error OF the ATTORNEY
! General, for ii is To enforce the rights Of
all the citizens and for other purposes.
The act itself when examined, will he
found to be as well 10 enforce the lights
Of citizens Of the United States under
the XlNth a. under the XVIII Amend
ment to the Constitution of the United
States. The second paragraph in sec
ton l>t of the XVIII Amendment, de-
clarcS that mo State shall make or
enforce any law which shall abridge
the privileges or immunities of citizens
OF the United States and the latter
clause declares that mo State shall
deny to any person within its juriSdc-
ton the equal protection ofthe law"
The substance OF the opinion of the
| learned Attorney General is, that the
first section of the act makes the negro
the equal of the white man as TO the
right of suffrage that the second sec
ton makes him the superior of the
white man by Furnishing those in au-
thoritv who refuse to afford him the
facilities Of exercising the right of sui.
iragc, and failing to punish where those
facilities are withheld from the white
man: and that the third section enables
the negro who has been refused the
facilities of voting, the right to do 30
upon his own affidavit OF the wrong
done to him in Withholding such facili-
ties. and If his vote is rejected to punish
the Judges OF elections 10y fine and inn
prsonmcnt, and DENYING the same
rights to the white man. As TO the
second and third sections, they simply
amount to this that the registrars and
boards of registration must act fairly
and honorably with the negro or hc
punished 10y fine and Imprisonment,
/ and NAV act iraudulcntly and corruptly
us to the rights of the white man, and
| he exempt from punishment, which are
absuriities OF themselves, and would
show q corruption and depravity OF the
| Congress Of the United States that
would he alarming to everyone 1t
would be supposed that occupying the
| delicate position of a candidate for elcc-
ton. that the Attorney General, if
forced 10 give his opinion upon law
- vitality affecting his own interest,
would have acted with great fairness,
| hut instead of that, il seems TO bc n
! laborcd effort TO mislcad and deceive
that it was especially intended to exc
cute the law according 10 his own sug
gcstion tor political purposes, to give
stamina and backbone to the weak
knecd registrar who had an inclination
to do Justice to all without regard to
race or color, "or previous condition Of
~crvitulc.
The learned Attorney General seems
To think there is Il charm about the
words without distinction OF race, color.
or previous condition of servtule," rs
| intending Ia give exclusive rights, priv
ilcgcs and protection to the negro, and
Withholding them from the white man.
when they bear no such import or Ton-
struCtion. They are merely used as
words OF force and strong meaning that
there is to he no difference or diStinc.
ton between the white and the black
races. and that respecting the right of
suffrage. what one is 10 ENJOY Is 10 Ice
equally extended 10 the other, and not
that the black man shall have rights
and immunricS denied To the whites.
Now, what is the simple meaning and
import of the l>t, ID and Sd sections OF
the act? Clearly. that the black and
the white man should be placed on an
equality a. to suffra re, and that the Ia
cihries for obtaining the right should lie
the same to both, and that tunctlonaricS
who denied those rights should be pun
;shed. or in other words, that there
should be fair registration Of voters
where registration was required, and II
wroncfully withheld from any one.
white or black, the party might vote on
his own affidavit OF the fact. If 1t had
been intended, as supposed 10y the At
tornev General, that the Sd section was
only intended to give the right to vote
on the affidavit Of the party, when
the right Of registration had
been denied him, on account
of his race, color or previous condition
of scrvitudc, it should simply have sc
declared. But unfortunately for thI
opinion OF the Attorney General, the
! potent words without distinction o
!. race, color or previous condition o
servitudc do not occur in the Sd sec
ton. hut ii in substance provides tina
if registration is required by the law:
, of State rs prerequisite TO the righ
of any citizen 10 vote, the offer of tn,
citizen to be registered, ii it fail to b.
: carried into execution, by reason of tn
wrongful act or omission of the regis
d trar, shall be deemed and held PEI
l. - l, I.