The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-09-26
thsssme equality in the exercise of the

ueclRreey that all cttizsnS who are by
the laws oil the State qualified to vote
shall exercise that right, but, that none
of them shall be prevented from the ex
ercise of it, by reason Of race, color OF
previous condition Of servitude. II fol
lows therefore that "aH citizens" who
are entitled to vote under the Constitu
ton and the laws of the State, are pro
tected in the exercise Of the right OF
suffrage under this section Of the law.
Whilst the first section declares who
shall use the ballot the second is in.
tended to protect the voter in the exer.
else Of that right, by securing to "aLl
citizens whether white or colored, who
by the terms of the first section are en-
titled to vote, fair and impartial re-
gistration, when registration is "pre-
requisite or qualification for voting"
| 1t declares that where "any act is or
shall be required to be done as a pre-
requisite or qualification for voting by
the Constitution and laws of any State, /"
that the persons or officers who are
charged with the performance of (such)
duties in furnishing to citizens IAN OPP
portunity to perform such prerequisite
or to become qualified to vote" shall
give to "all citizens of the United
States" the same and equal opportunity
to perform such prerequisite, and to be-
come qualified to vote, and that no citi-
zen shalt be denied 'the same and equal
opportunity to perform such prerequisite,
and to become qualified to vote be-
cause of race, color, or previous condi
ton of servitude." The language here
employed is positive and explicit, and !
see no occasion to resort to any legal
rules to aid the court in giving the in
depreciation of or construction to this
section. The object OF this section is
evident, and clearly means that any Off
Ger having charge of the registration OF
voters under the laws OF the State who
refuses or knowingly omits to give full
effect to the law" by placing the name
of any citizen on the list of voters who
applies for registration, and is enttled
under the Constitution and laws OF the
State to be registered as voter is guilty
Of a misdemeanor, and is liable to
criminal prosecution as well as to a
civil action to the party aggrieved.
The last clause Of the Fourteenth
amendment TO the Constitution of the
United States provides that no one shall
he denied the equal protection OF the
law. In framing this act, Congress
must have had this provision OF the
| Constitution in view. 1t cannot be sup
posed that it would escape their atten-
ton. 1t must therefore be conceded
that all citizens are under the tunda-
mental law OF the land entitled to
equal privileges and the equal pro-
lection of the law. The latter right
is embraced by the very words OF the
amendment 1t is incredible to sup
pose that Congress intended 10y
the passage of this act to do so
vain thing as to enact law purely
for the benefit OF one class of citizens,
to the manifest neglect and prejudice
of another, thus attempting 10y legisla-
ton to deprive them OF the equal privi-
leges and the equal protection OF the
law, as guaranteed by the l4th amend
ment If such is its true construction,
it would be clearly in conflict with this
amendment to the Constitution OF the
United States.
fl am right in the view | have Just
presented, it follows that no doubt can
exist in the mind of any one as to the
proper construction of the first and Sc
cond sections, and that they were not
intended and do not discriminate in Ia
vor of any class Of citizens.
No right protected by our common
Constitution is held more sacred and
dear to the citizen, than the right of
suffrage, and it cannot be supposed that
Congress, in enacting law tor the pro
lection of the rights of those who were
enfranchised by the 18th amendment,
would at the same time so frame the
law as to secure protection alone TO that
class of citizens, leaving nine-tenths OF
the population of the entire country I'M
protected by its provisions.
The third section makes provisions
for the exercise of the right Of
suffrage ,chere any citizen has by reason
of the wrongful act or omission of the
persons or officers charged with the duty
of receiving or permitting the perform
ance or the offer to perform any act,
which by the laws Of the State is re-
quired to be done as a prerequisite to
qualify or entitle such citizen to vote,
by declaring, that 'the offer OF any citl
zen to perform the act required to be
done by the Constitution and laws OF
the State as a prerequisite to qualify or
entitle him to vote, being otherwise quail
fled to vote, shall be deemed and held
in law as q performance OF such act,
and entitle him to vote in the same man.
ner and to the same extent as il he had
in fact performed such act, by requiring
the officer holding the election to re-
ceive and give effect to the vote Of such
citizen upon the presentation by him OF
his affidavit stating the time and place
of the offer to perform the required act
and the name Of the officer who wrong
fully prevented him from performing
the necessary prerequisite to vote. - Ii
will be perceived that the object
of this section is not only to
give relief to the voter who is
wrongfully deprived OF his right
to register, when registration is prere-
ouisite and qualification TO voting by
providing mode Of voting in such
cases, but to furnish remedy against
the exercise of arbitrary power upon
the part Of the persons and officers who
have charge OF, and conduct the cleo
tons. Under this section, it is clearly
the duty Of all persons snd officers who
have charge OF the registration of vo-
tiers, to permit every person who can
comply with the laws of the State,
where they propose to vote, to register,
and if they omit or refuse any citizen