The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-09-26

ing like remedy for all in assertion OF
their rights, BY imposing severe penal
ties for an omission or refusal TO COM
ply 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 who OPP
pose by any unlawful means his regis
tration, or the exercise Of the right of
suffrage, or who band or conspire
against him, TO prevent him from
the exercise Of all his rights and
privileges, granted or secured to him
BY the Constitution and laws Of the
United States" l deem it unnecessary
to call your attention at this time to any
other provisions OF this act, except to
the 10Th and 10th sections, which have
for their object as have heretofore in
dicated, the preservation OF the integ-
rity and purity Of elections, and the
punishment Of all unlawful inter err
ence with them, by securing proper
registration OF voters, as we'll as pro-
tecting the voter in freely exercising the
right Of suffrage, at any election for re-
representatives. or delegates to the Con-
gress of the United States, which by
the laws are to take place at the ensuing
election. The nineteenth section Sc
cures to any qualified voter Of the State
the free exercise Of the right of suffrage
and inhibits the commission of num-
Der Of offences, amongst which is lille
gal voting, and the interference in any
manner with any officer of said cleo
tions in the discharge of his duties.
The Goth section seems to be somewhat
confused | think by some means,
some two or three lines in relation to
voting, have been interpolated into it
unnoticed, and which ! do not regard
as german to its leading object 1t is
evident that the whole scope Of this sec
ton was intended to be confined to the
subject Of registration. IL provides for
the punishment of any person who
shall knowingly personate and regis
ter or attempt to register in the name
of another person, or who shall fraudu.
lently register or attempt to register, or
do any unlawful act to secure
the same for himself or another
person, or who shall prevent any
person by unlawful means from
duly exercising the right OF registration,
or who shall induce any officer Of regis
tration 10y anv unlawful means. know
ingly and wi. tally TO register one not
entitled to it, or knowingly and wilinily
to refuse to register one entitled TO 1t, or
shall aid counsel or advise any voter
or officer to do, or omit any act the
or omission Of which is in
hibited by this section. A careful ex-
animation of the 10Th section must
satisfy every one that its main object
is 10 protect EVERY QUALIFIED VOTER In
the exercise OF the right OF suffrage,
whilst 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 punish fraud
ulent registration. 1t also secures pro-
lection to all officers of registration IN
the legal discharge Of their duties 10y
all persons who unlawfuIlv
in any manner with them 1t
is obvious that Congress, by the passage
Of this act intended to enter the States
for the purpose of maintaining as near
as possible, the purity Of elections, in
securing to EVERY QUALIFIED VOTER
under the law o. the State, the right
to register, when the same is a
qualification to voting, as also the free
exercise Of the right Of suffrage. This
act does not repeal orinterfere with the
laws as they exist in the States, unless
thew are in conflict with its plain pro-
visions, and then only so far as such !
conflicts exists. 1t is remedial in its
character. and is supposed to be in har-
monv with the laws Of the State, IN
tended however to furnish full and ade-
quste protection to ALL QUALIFIED
VOTERS, when the State laws are made |
Quate by ENFORCING THEIR RIGHT TO
VOTE. 1t is, therefore the duty Of all
officers under it to enforce its provis-
ions firmly, exercising however the
greatest caution and prudence, mas
much as they may be called on to deal
with officers executing laws under the
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, if they have any doubt as
to the commission of an offence under
the law, they should discharge the
party. At the same time the state Off
GERS should remember that the Consti- |
tuition and laws OF the United States
are the supreme and paramount laws
of the land, and they must
be governed by them in the discharge
of their duties under the laws OF the
State whenever conflict exists between
them. presume that most OF the dii-
ficulties that have occurred with Ike
acting under the laws of the
State arise from the fact, that they sup
pose they are invested with the rxerclse
of a discretion in the execution of them
1t is not important to determine wlfeth-
er they are SO invested with the exercise
of such discretion, as the Bird sec
ton of this act, if such discretion exists
under the State law, qualities the
State law, by taking away from
the officer acting under it, all dis
erection affecting the rights of citizens in
the exercise of the right of suffrage. 1t
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 cIrT-
ZEN for refusing or emitting to perform
any one the duties thus enumerated. if
the citizen who proposes to exercise the
right OF suffrage shall have complied
with the requirements Of the law. In
the discharge of nv official duty to you
on this occasion, | have directed your
attention to the leading features Of