South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1870-09-23
The Enforcemeut Act passed by

The Enforcement Act passed by
Coagress-Judges Bond and Jaeksoa's
Interpretation Of It.
Editors of the Register
/ have read the above Act, and conflict
ing opinions Of the above named judges
upon it. Judge BOND makes the words
"8i;hOut distinction Of race, color, or pre-
vious condition of servitIde," in the first
section, reStrictiUe of the preceding language,
viz: "that all citizens of the United States
who are or shall be otherwise qualified by
law to vote in any election By the people in
any State" &c, shall be entitled and al
lowed to vote at all such elections, "and lin
its the effect of the section to the proven
tiou only of distinction being made on ac-
count of the causes named, and limits the
offeuso and penalty eorrcspondingly while
Judge JACKSON holds the words first above
quoted not restrictive of the general terms
preceding.
1t seems to me Judge JACKSON is right
in his Interpretation that the words "with-
out distinction of race, color or previous
condition Of servitude" cannot, In the COM
mon acceptation Of language, or by the well
established rules of construction, limit the
right Of soil citizens otherwise qualified to
vote" nor exempt any officer preventing
such voting, from the prescribed penalty.
If our Legislature should pass an act
granting al citizens t,eeniy.oae gears Of age
q right to retail spirituous liquors "without
distinction of race, color, or previous copdi-
ton of Servitude," aud make it the duty of
certain officers to grant licenses to those
qua lifted as aforesaid, and impose penalty
for failure to perform, would there be any
doubt that in such case tho words last a.
bove quoted, would be more suIplusage or
redundancy, aud in no sense restrictive of
the general grant to all citizens "twenty-
one years of ago" Aud could an officer
withhold license from any citizen twenty
one years of age, without mourning the Pc
nalty? Certainly not But if the Lcgis-
lature had, IN express terms, confined the
penalty to cases where officers should with.
hold license because Of Grace, color, or pre-
vious condition of scrvitude," then the
construction would be different, and liabil-
ity and penalty limited to Withholding Ii.
cense for that cause only.
Or if a grants to 3. all his stock of
cattle then being on his farm called c.
without distinction" of color, age, or sex,
it is clear these last words would not re.
strict the grant but all AS cattle on farm
Z. would pass, whatever might be their
size, weight, breed or other distinguishing
qualities not mentioned or particularized
The phrase, without obstruction of color,
age, or sex" would DO in such case, mere
S~rplusage and not restrictive in any sense
of the general term of the grant
The phrase without distinction OF race,
color or previous condition of servitude, "as
used in the act in question, is by no means
useless, for in its peculiar connection it ex-
tends to colored citizens the same privilege
of voting tho white men have, which, in
many of the States they had not before
but beyond this, it can have no effect GER
tainly not to limit or restrict the general
terms that precede Every citizen, there
fore, of West Virginia OTHERWISE qualified
to vote :" that is, having the age, sex, res
ideuce, freedom from participation in the
rebellion, &c, that our constitution and
laws require comes within tho act, and any
officer dcbarriug him of the right the act
confers, Is liable to the penalty, it scens to
me. And the title Of tue act, and its 9th
or parts arc irreconciiable with any other
constructions
The second section makes, in express
terms, the duties Of all registering officers,
and penalties for failure therein, common
surate with the right conferred by the first
The third section makes il the duty of
tho presiding officer at the election, under
like penalty, to receive and count the votes
OF every person 'oronlfuly debarred regis
tration, upon presenting bis affidavit, stat
ing his application for registration, the time
! nd v,lr tI,,t &
aud the name Of the officer refusing, &c 81, as
provided in said third section.
Especially, is tho protecting aid Of such
an act needed in West Virginia, where par
tisanship has placed the appointment and
control Of the rcgi.ieripg officers in the
bands Of one man, and absolves them from
oil accountability for injuries committed.
Very respectfully, G.. L.