The democrat. [volume] (Weston, W. Va.) 1868-1874, 1870-10-03

WAS lHttnueu u W SOHi"N' ~ "
of registration. 1t provides for the pun
ishment of any person who "shall know,
ipgly petsonate and register, or attempt to
register in the name of another pcrSon,or
who shall fraudulcnty register or attempt
to register, or do any unlawful act to Sc
cure the same for himself or another per-
son, or who shall prevent any person by
unlawful means from duly exercising the
right Of registration, or Sho shall induce
any off Ger ofregistration by any unlawful
means knowingly and willfully to register
one not entitled to it, or knowingly and
wilfully to refuse to register one entitled
to it, or shall aid, counsel or advise any
voter or officer to do, or omit any act, "
the commission or omission of which is in
hiJited by this section. A careful exam
nation of the 10Th section must satisfy ev-
cry one that its main object is to protect
EVERY Qualified VOTER in the exercise of
the right of suffrage, willis! it is just as
clear that the chief purpose of the Goth
section is to secure to ALL QUALIFIED VOTERS
the right of registration, as well as to pun
ISL fraudulent registration. 1t also secures
protection to all officers of registration in
the legal discharge Oftheir duties by pun
ishing all persons who unlawfully inter-
ferO In any manner with them. 1t is OBJ
vious'that Congress, by the passage of this
act, intended to enter the States for the
purpose ofmaintaiuing, AS near as possible,
tho purity of elections, in securing to EY-
cry QUALIFIED VOTER under the law Of the
State, the right to register, when the same
is qualification to voting, as also the free
exercise Of the right of suffrage. This act
does not repeal or interfere with the laws
as they exist in the States, unless they are
In conflict with its plain provisions, and
then only SO far as such conflicts exist.
It is remedial in its character, and is sup
posed to be in harmony with the laws Of
the State, intended however to furnish full
and adequate protection to ALL QUALIFIED
VOTERS, when the State laws are made
quate, BY ENFORCING rHsIR RIGHT TO VOTE.
1t is therefore the duty of all officers under
it to enforce its provisions firmly. excr
cisins however the greatest caution and
prudence, iBasmuch as they may be called
on to deal with officers executing laws IN
der the authority of the State.
They should be fully satisfied that the
case Of an applicant is meritorious, and not
frivolous. Upon the hearing Of any case.
ifthey have any doubt as TO the commits
sion Of an offence under the law, they
should discharge the party. Attic same
time the state officers should remember
that the Constitution and laws Of the
United States are the supreme anu para
mount laws Of the'iand, and they mustbe
governed by thomi in the discharge of.heir
duties: under the laws of the State, when
ever conflict exists between them. 1
presume that most Of the difficulties that
have occurred with -"Registrars" acting
under the laws of the State, arise from the
fact that they suppose they are Invested
with the exercise of discretion in the ex-
ccuticn Of them. tits not important to
determine whether they are so invested
with the exercise of such discretion, as
the 81 section OF this act, ifsuch discretion
exists under the State law, qualities the
State law, by taking away from the officer
acting under it, all discretion affecting the
rights Of citizens in the exercise of the right
of suffrage. It imposes severe penalties
against any officer Of election "whose duty
it is to receive, correct, certify, register,
report or give effect to THE VOTE OF ANY
CITIZEN" for refusing or emitting to per.
form any one OF the duties thus .cnupcr-
ated, il the citizen who proposes to exer-
else the right Of suffrage shall have com
piled with the requirements Of the law.
ln tho discharge otmy official duty toyou
on this occasion, l have directed your at
tcntion to the leading features of the law.
In the examination and investigation Of the
cases that have been referred to you by
the United States Commissioners for your
action, it is your imperative duty under
the law to find presentmcnts against all
persons who have violated any Of its pro-
visions. Whilst it is your duty on the one
hand to afford protection to every citizen
in the free exercise of tnc right of suffrage,
right which American citizens hold so
dear, and next to tho protection Of their
lives and liberty. they prize and value SO
highly, by enforcing the law against all
persons who violate their rights under it,