New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-09
REGISTRATION.
Important Opinion of Judge Bond.

We have received the following important
opinion Of the Hon. Hugh l.. Bond, Judge
OF the Fourth Judicial Circuit of the United
States, in and for the District OF West NiI'-
ginia. given in the case OF habeas corpus
heard in chambers at Martin>burg, Virginia:
IL CHANBEEs-NGbc0s Corgus-In the
matter Of the petition of John II. NJ. Ilwcc.
before Hon. Hugh l.. Bond, Judge of the
Fourth judicial Circuit OF the United States
1t appears from the return and evidence
in this cause that the petitioner is one OF the
persons appointed, under tln laws of the
State of West Virginia, to register those en-
titled to vote under the election laws OF that
State.
A certain Winfield Scott Alkre. a white
citizen of West Virginia made application
on the fifth day Of August. 1870. to the pc
ttioner to be registered, and his application
was refused on the ground that he was not
qualified to vote under the laws Of the State,
by reason Of his adherence to or participa
ton in the late rebellion.
The petitioner was. therefore. on the aft
davt Of said Alkire. arrested and brought
before a Commissioner of the United States
for supposed violation OF the act of Con
gress, approved May 81. 1870, and by said
commissioner, in default of bail. was COM
mitted to answer at the next term of the
District Court.
Il appears to me that this case does not
come within the puryiew Of the statute in
question.
That it was not the intention of Congress
to abolish the laws OF the several States
which prescribed the qualifications of
voters, or even to alter them, except SO far
as they were founded upon the " distinction
Of race, color, or previous condition of servi-
-ude,' is sufficiently evident from the words
Of the first section of this statute, which
declare it to relate to ''all citizens of the
United States who are or shall be otherwise
qualified by law to vote
It cannot be doubted that the meaning of
this language is that these citizens shall be
qualified to vote Ivy the laws of the State or
Territory in which they offer TO poll.
That these persons thus otherwise quail
tied shall vote without distinction of race,
color or previous condition of servitude. is
the purpose and intent Of the statute.
1t was clearly the duty imposed upon the
petitioner to inquire into the qualifications
of the applicant for registration under the
laws of the State of West Virginia. and if
he found him otherwise qualified" he was
to register lin without distinction OF race.
color, or previous condition of servitude,'
under the penalty of this act of Congress.
The third section OF the act of Congress
relates to those citizens otherwise quail
fed who have not been able, by reason Of
the 'WrOngfuI act or OMISSION aforesaid
to do the prerequisite act which entities the
citizen to vote. There is no mention ii any
''wrOniul act or omission i'll the third sec
ton itself. and every rule of construction
requires that reference should be had to the
previous sections where We find he wrong
t,lI act or omission TO be the making
among citizens otherwise qualified" a dis
tinction ''on account OF race. color or pre-
vious condition OF servitude.''
1t is not pretended that the petitioner re-
fused the application OF Alilire on this ac-
count, and therefore lie is not guilty Of the
wrongful act or omission which makes
him allenable to the punishment prescribed
i'll these sections.
The twentv-second section of the act
under consideration relates TO the 'oiiicers
of any election at which any Representa-
tive or Delegate in the Congress of the
United States shall be voted for II is not
alleged, nor is it true, that there was any
election of the kind being held of which
election the petitioner was an "of1icer."
He was IA mere subordinate officer of
registration, from whose Judgment there
was an appeal by the laws Of the State
to board OF registration in review.
The petitioner, in my opinion, must be
discharged, because it does not appear that
he is guilty of the violation OF the act of
Congress with which he is charged, and for
the reason that for his Judgment of the
qualification of the applicant for registra-
ton under the laws of West Virginia, he is
not answerable in the courts of the United
States. l shall pass an order to this effect.
H. l.. BOND.
The petitioner was discharged.