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

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presented. it follows that no dsa'; can
exist in the mind of any one d % the
proper construction of the first an; second
sections, and that they were not nt' nded,
and do not discriminate in fayos Of any
class of citizens.
No right protected by our common Con
stitution is held more sacred and lear to
the citizen, than the right Of suf. .ge,and
it cannot be supposed that Congress, in
enacting law for the protection Of the
rights Of those Who were enfranchised by
the 10Th amendment, would at the same
time so frame tho law as to SGcTre pro-
lection alone to that class Of citizens,
leaving ninc-tenths of the popuiation of
the entire country unprotected BY its pro-
visions.
The third section makes provisions for the
exercise of the right of suffrage 'saere any
citizen has by reason of the wrongful act
or omission of the persons or officers
charged with the duty of receiving or per-
hitting the performance Ofthc offer to
perform any act, which by the laws of the
S'atciis Fequiredto lie done as prercqui-
site to qualify or entitlc such citizen to
vote, BY declaring that "thc offer Of any
citizen to perform the act required to be
done BY tho Constitution and laws of the
State as a prerequisite toqualify or entitlc
him to vote, being otherwise qualified to
vote, shall be deemed and, held in law as
performance Of such act, and cntitle him
TO vote in the same manner and 10 the
same extcntas if he had in fact performed
such act, by requiring tho officer holding
the election to receive and give effect to
the vote Of such citizen upon the presenta-
ton by him ofhis affidavit stating the time
and place Of the offer to perform the re-
quired act and the name Of the officer who
wrOngfully prevented him from performing
the necessary prerequisite tsvote!" twill
DO perceived that the object Of this section
is not only to give relief'to the voter who
is wrougfully deprived Of his righttO reg
lister, when registration is a prerequisite
and a qualification TO voting byproviding
q mode of voting in such cases, but to
furnish remedy against the exercise Of
arbitrary power upon the part of the per-
sons and officers who have charge of and
conduct the elections. Under this section,
it is clearly the duty Of all persons and
officers WHO have charge ofthe registration
of voters, 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 Eho applies
for registration and can comply with the
laws ofthe State regulating the same, then
it is the duty Of the officer holding the
election, upon such citizen presenting him
self at tn, polls with an affidavit of the
facts to receive his vote. This section,
unlike the two preceding sections, which
inhibit a discrimination against the colored
citizen on account Of race, color or previ-
Gus condition of sGrvitude, makes no ex-
ccption republication whatever. 1t must,
however, be construed in connection with
them, Sin paria materia," and by this
means we ascertain beyond all question
what is the meaning Of the preceding Sec
tions, and wheh so ascertained, it must
govern the construction Of them. Adopt
ing this rule reconstruction, the third Sec
ton clearly qualities thotwo first sections,
and indicatcs..thcir meaning by declaring
chat all persons who offer to perform or
do perform the necessary prerequisites to
qualify or eptitlc them to exercise the
right of suffrage shall vote, upon present.
lug themselves with the affidavit required
by the law" Its provisions are manda-
tory, constituting those who offer to vote
under it the sole judge Of their right to do
50, leaving theuficcrs who are ministerial,
and III no wise judicial, the exercise Of no
discretion whatever t.f
Being comprehensive in its terms, it
embraces all classes Of citizens, preserving
alike the rights Of all, and furnishing
like remedy for all in assertion of their
rights, BY imposing severe penalties for
an omission or refusal TO comply with its
provisions. The 4tb, 9Th, 9th and 7th
sections are in harmony with the preceding
sections, furnishing additional safeguards
and remedies to the citizen by furnishing
all ''whu oppose by any unlawful means
bis registration, or the exercise of the right
Of suffrage, or who band or conspirc against
him, to prevent him from the exercise Of