The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1870-07-28
GEO. " gIPPETg EDIToa.
ATTORNEY GENERAL cALDWELL's
OPINION.

We have been favored with copy Of
7 Astoraey General A. y. Clldw6ll's spin-
y ION on tho billrccsnily passed BY Congress
entitled IAN oct to enforce the right Of
citiasnso Of the United States to veto, 60,
rendered July 18Th, 1870.
iTIe says. "a careful perusaI Of said act
must satisfy every fair-mindcd reader, that
while it cpforccs the 18th Amendment by
appropriate Legislation" it does not 9th
SerSiss Interfere With tue right Of sufrage
or The qualification of voters in the States
The 6rst scUaOn thereof, willie prohibiting
any distinction 'oa account ofraeo, color,
or previous condition Of servitulc," limits
The exercise Of The right Of suffrage to such
citizens 50 9ese, OF shall be. otherwise
qualified by law, thereby cnpres&y reeeg-
aisiag Ike right ofeach State, by it's con-
sLitrfcn aud laws, 70 regulate aud control
the righto It's citizens TO vote, subject only
u che 18th Amendment, which provides
EhG. said right "shail not be denied or
abridged by the United States, or i6y
Stste. on account ofraee, color, or preyi.
Gus condition Of sewitpao," This section,
asweil as tho 18th Amendment itself. in
eEcet. renders imperative and void, tho
word sStae' IN our State Constitution.
siThe sbgious meaning, and sole object
oftbe second section Of said act, so far as
& Affects the right Of voting in this State.
is 20 make 1.-THE duty OF our Registrars
and Boards Of Registration ''togive TO all
citizens d. the United States, Tue same aud
equal opportunity 20 -pslfSrn,, sss5 ACT,
chat tbe conatitution or laws Of our State
gequireso be performed Is a prerequisite
or qualification for voting, without dis
Junction on account Of race, coloror previous
condition ofservitude;" and il, in affording
sash opportunity. no discrimination is made
s'on account Of race, color, or previous
condition Of scryitudc," full effect is there
BY given to said section, aud Of course no
offence will BE- committed or forfeiture in-
CURED. And che reason for this is, that
the gist Of the offence designed 70 DO psa-
iEshed By this section, consists in denying
TO citizen otherwise qualified" aa OPP
porsunity to perferln thc got required as a
prerequisite to qualify him to vote, on ac-
count Of race, color, &C." Hence, it is
vslcsr that Registrar, or Board Of Regis
tration cannot be sued or indicted in the
in4ss District or Ciscsit Court Of the
United States, under said act, for any H.
fraction Of duty, except a refusal 70 regis
Der .'os account Of race, color or prcsioss
condition Of ssrvituds."
"The third section does not sppiy to
Registrars or Boards Of Registration, but
only to officers Of election. aud provides,
in effect. that il any citizen, by tho
wrongful act aforesaid, " is refused to be
registered by reason Of his race. color, &c.,
he 5tall be entitled to vote If otherwise
quaiised:'' that is TO cay, ifqualifed to vote
according to the constitution and laws Of
his State, but not otherwise. Unlcsu.
therefore, q citizen Of this State, though
otherwise qualified, has been refused to DO
registered, solely ION account of bis race,
color. or previous condition Of servitude,' y
his vote should be rejected by the officers
Of election, 40 matter what oath 10 oHcrs
to take, or what act he offers to perform,
for the obvious reason. that his name is
not on the register Of yotOrs. as required
BY eco. 4s, of chap. 8, Of the Codes Of
West Virginia.
"The next ten sections, being manifest
q intended to carry into effect tue sections
above considsred. and the remaining sect.
ions Of said act having for their exclusive
purpose enforcement Of tho 18th AN.
endment to the constitution of the United
States, comment upon them is deemed gu'
necessary.
at follows from the views above ex.
pressed, that each applicant Tor registra.
ton must possess all Tie qualifications re.
quiyod by our constitution and laws, OK,
copt thu. eshnll not be refused to be reg.
;sterad "on. account ofvaCo. color or prcyi,
Gus condition Of seryitudo.1 It matters
pGs what oath an applicant offers 10 take,