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

P'OPSi ln0'i'|o "0uiu HiVst iiheIJ NC atttf
buted to me for so doing. Since that time
l have been applied ..tO.for copy of the
charge for publication in one or more of
the leading law journals of the country,
and as have consented to that use oft,
see no good reason why should not now
comply with your request.
Respectfully, ]. ]. JACKSON.
THE FOLLOWING Is THAT PORTION or TIE
CHARGE WHICH RELATES TO Tug "EN-
TokCEMBYT ACT" DELIVERED AT TUE
AUGUST TERM oP TIE UNITED, STATES
DISTRICT COURT, AT CLARKsBURG, WEST
VIRGINIA: .t q ... rur. rs
Congress at.its last session passed an
act, the title of which is ito cnfcrcc the
right Of citizens OF the United States to
vote in the several States of this Union,
and for other purposes" Underline ninth
section Of the law, the Circuit Courts of
the United States, with view to afford
reasonable protection to all persons in their
constitutional right to vote withou. dis
tinction of race color or previous condition
Of scryitude," aud for "thc prompt dis
charge Of the duties Of this act" are re-
guired '"from time to time to increase the
number Of Commissioners SO as to afford
speedy and convenient means for the ar
rest and examination of persons charged
with violation Of this Chez act" During
the late term Of lhc Circuit Court, upon
application made to it, some additional
Commissioners were appointed under the
act for the purposes specified in il. IhfOr
nation has reached this Coart that under
aud by virtue ofits provisions several per-
sons have been arrested, charged with q
violation oft, and after examination by tie
Commissioners, have been held to answer
indictments to be preferred against them
at this term of the Court.
Ittherefore becomes your duty to inves-
tigatc the charges preferred against the
parties whO..are recognized to answer and
at the same time it is my duty to expound
the law under which you are to act This
act from its supposed political Importance
has, as l am aware, been the subject of
considerable discussion, and as is usual un-
der such circumstances, various interprcta-
tiOns have been placed upon it. Itis to
be regretted that ap1blic.Iaw which was
so.ikely to receive Judicial construction
and Interpretation as the one under con
sideration, should become the subject Of
heated partisan discussion, before it had
received the calm. and deliberate consider
alton OF the judicial mind to which we must
always look for the proper legal intcrprcta-
ton and construction of tho law.
1t has been suggested that some Of the
sections of this law are unconstitutional, for
the reason as it is supposed that they make
discrimination in favor Of one class Of our
citizeas, afording protection to them alone.
In the view that take ofthis act, !
think no such discrimination has been
made in favor ofany class, and lam inclin-
ed, without entering upon full discussion
Of the objections raised, to some Gifts pro-
visions, at this time, to maintain its valid
ity,and shall therefore proceed to give you
the views of the Court in relation to'it. -. "a
1t is a general principle quite familiar 10
the legal professional, that in giving con-
,truction to public statute, it is the duty
Of the Court to ascertain the meaning and
intention OF its trainers from the words en-
Ployed and he.matter 10 which it relates,
and so to construe and interpret it, as to
give effect TO all the words used, when not
inconsistent with the object expressed.
And while this principle 81 law IS un-
questioned, it is equally true, that when the
intent Of a statute is plain, nothing is left
to construction, and it is the. duty of the
Court to interpret j! according to its posi-
tive and explicit provisions.
Testing this act of Congress by the prin-
cples just stated, let US ascertain, if pos
sible, what was The design and intention
of Congress in its adoption. From an ex-
animation of it various sections, it is eyi.
dent that its trainers had primarily three
objects in view: First, to promote the
public good BY preserving the rights ofthe
citizeus in rnnuirinp all riIt-,Ds ,yhnlhor