The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-09-30
LETTER from n Lawyer The En-
forcement Act-Judge Jackson and
Bond-Duty Ofthe People.


Judge Jackson to the Grand Jury al
the last term of the District Court oil
the United States, holden at Clarks
burg, respecting the Act ofCongress ste
enforce the right OF citizens Of the
United States TO vote in the several
States Of this Union, and for other
purposes, and to my mind it leaves nc
doubt but that the Act in all its parts,
applies as well to the white as to the
black race. That construction makes
it harmonious with the Constitution
OF the United States. The construction
Of Judge Bond, hat it applies alone to
the black race, would render it clearly
unconstitutional Any intelligent man
who reads the l4th or 18th Amend
ments OF the Constitution; the Act OF
Congress, and the opinion of the two
Judges, will be struck with the ability
and clearneSs OF the opinion of one OF
the Judges and the ieebleness and con-
fusion ofthe other The thoughtful mind
will observe that the opinion oi JLdg,
Jackson was given in the regular dis
charge of duty, in holding the session
OF his Court, and that the opportunity
Of giving an opinion was sought by
I Judge Bond, by coming into the dis
trict in which he did not reside. Who
ever before heard of Judge travelling
upwards of one hundred miles, to try
4 hdJeas corpus case, especially when
the party was not in custody, having
previously been discharged by the
Grand Jury OF the District Court, hav-
ING jurisdiction in the case? An opin-
ion, delivered under such cir
cumstances, is entitled to but
little consideration, as it shows
that it was done for electioneering pur-
poses, and designed to be in conflict
with the Judge to whom the matter
properly belonged, and to have such a
false and improper weight as the Radi-
Gals have tried to give it by represent
Ing that Judge Bond controls the action
of Judge Jackson. Judge Bond and
the intelligent portion of the Radical
party know that in cases tried in Judge
Jacksons Court under the act of Con-
gress aforesaid, neither Judge Bond or
the Supreme Court Of the United States
has any supervisory control over Jack
ssns opinions they being final in such
cases. 1t is quite refreshing to read the
intelligent and comprehensive opinion
of Judge Jackson, and humiliating to
see the weakness and bias of Judge
Bonds opinion.
Those citizens who are entitled to
vote under the Constitution and laws of
this State, who have been so cruelty
and fraudulently robbed of the sacred
right of voting, now knowing that they
have a remedy against the corrupt reg
istrars and Boards of Registration.
should resolve to have their rights, they
should spare no pains in time or money
in seeking them and bringing to justice
the dishonest functiOnaries who trample
upon right and justice The Radical
papers must see that they are pursuing
a course to get their friends into diff
culties, in holding out that they are not
responsible for their wrongful acts.
They can have no relief from
either Judge Bond or the Attorney
General of the United States, who it
it true may instruct the United States
District-Attorney to dismiss prosecu-
tiCns under the act Of Congress for
wrongs done to the white men but
every intelligent lawyer knows that be-
fore thew can be dismissed, the Court
must give its assent, and no honest
Court will assent to a corrupt and par
tizan Acknowledgement coming into the
State and for political purposes, shield
ing from justice those who have de-
prived the citizens of the State of the
sacred rights of suffrage.
The Court may find itself embarrass-
ed in having arrayed against its pro-
ccedingS the Attorney-General Of a Pres
| ilent who is seeking reelection, OF
Diatrict-Attorney, who is candidate
for Congress, Governor and Attorney
General of the State, who are candidates
for reelection and whose success may
derend upon shielding the corrupt Re
sistrars and Boards Of Registration in
keeping from the polls those entitled
to vote, but who will not vote for them,
and also a corrupt and partizan Mar
shall who may endeavor to shield them
bv packing juries. But an honest and
upright Court will surmount all such
difficulties and refuse TO allow the pros,
ecutions to be dismissed If packed
Grand Juries fail to indict, will orderin-
formations to be filed as have been done
in all the cases before the last Court ;
and if the District-Attorney refuses to
prosecute or prosecutes in an improper
manner, will allow able and honest At,
tornies employed by the parties agrieved
to prosecute; and if corrupt Marshal
attempts to pack the petit Juries will
find other means of having them sum-
moned. -,
These may be painful and trying diff
ficulties for the Court to encounter, but
when fraudulent attempt is made, as
has been done for several years past to
do great wrong and injustice to the
citizens of a State, the Court will feel
that it is its duty to thwart the corrupt
and interested functionaries who are
committing such wrongful acts. In
such trials the upright Judge by an In
dependent course in furnishing corrup
tons will wreathe his brow with imper
ishable honors. When corruption thus
stalks abroad, an intelligent. upright
fair and impartial Judiciary is the shee
anchor of our safety.
The injured and oppressed voters mus
see that they have relief, and they shoulC
swear 10y their affairs and the noble deed:
of their Revolutionary ancestors to neve1
cease striving until they obtain it. Su,
and arrest for criminal trial any registra