The democrat. [volume] (Weston, W. Va.) 1868-1874, 1870-08-15
ATTORNEY GENERAL CALDWELL
Ills opinion,
An Unfair.political Doc uulment

AL CWuEA oheASaa 'DoC u"Cus'
EDlrons REorsrE..-I have read with
some care. aud attention q very unfair
elcctionccring campaign document, pur-
porting to be the official opinion Of the
Attorney General Of this State, upon q
call from the Governor, under tho fourth
section Of srticlc fifth Of the constitution
of this State, when it is obvious to the
most casual reader that, instead Of being
a maturcd and well considered opinion Of
au act Of Congress, tlatitisa focblc effort
TO mystify and misrspresent the truo mean.
ing Of tho act; and to give it additional
force and Importance, it is heralded forth
in tue government paper Of the State, the
Wheeling Iacelliyencer, Of the 25th inst,
under tho imposing head Of "The act to
Enforce tie Fifteenth Amcndment-The
Opinion Of the Attorney General II when
in fact the act alluded to has no such ii.
tic, but is entitled "an act to enforce tho
right Of citizens Of tho United States to
vote in the several States Of this Union,
aud for other purposes" isag79 :.
The design Of tho deception respecting
tie tito Of tho act is transparent and plain
| ly seen. II was to give force to the labored
effort on the part Of the Attorney General
that the act was intended solely for the
benefit ofrthe negro and 10 punish those
who withhold from him his rights us q
voter. but not to extend the same proiec.
ton to the white man. The title Of the
act itself shows the error Of the Attorney
General. for it is 10 enforce the rights Of
all tho citizens and for other purposes.
| The act itself. when examined, will be
found to be as we'll to enforce the rights Of
citizens Of tho United States under the
XtYth as under the XVIII Amendment to
tho Constitution Of tho United States.
Tho second paragraph in section Is. ofthe
XlY,h Amendment, declares that mo
State shall mako or enforce any law which
,lall abridge the privileges or imnunities
Of citizens Of tho United States and the
latter clause declares that "no State shall
deny to any person within its Jurisdiction
the equal protection Of tue law. 81.
The substance Of the opinion Of. Tho
harmed Attorney General is. that the frs
section Of tho act makes tho negro The
equal Of the white man as TO the right o
suffrage that tho second section makes
him the superior Of tho white man by pun
ishing those in authority WHO refuse tc
afford him tho facilities Of exercising the
right Of suffrage, and failing to punish
where those facilities are withheld from
The white man; and that tile third section
enables tho negro who has been refused
the facilities Of voting, the right to do sc
upon his own affidavit Of The wrong done
to him in Withholding such facilities, ant
il bis rotc is rejected to punish the judges
Of elections by fine and imprisonment, ant
denying the same right to The white man
c As to the second and third sections, the,
simply amount to this That the registrar
and boards Of registration must act fairly
! aud llonorably With the negro Or be pun
ishcd by fnc and imprisonment, and ina.
act fraudulcn,ly aud corruptly as to th
e rights Of the white man. and be excmp
, from punishment, which are absurdities 0
u themselves, and would show a corruption
and deprayity Of the Congress Of th
United States that would be alarming |
R every Que. 1t would be supposed that oc
G cupyins the delicate position Of a candi
!. date for election, that the Attorney Gen
. era!, II forced to give bis opinion upon
ltw so vitality affecting bis own interests
would have acted with great fairness, br
instead of that, it seems to bc q lahore
efIor. to mislcud and deceive that 1t wa
especially intended to execute The y law at
i i cordins to bis own suggestion for. .politic'
lie purposes. to give stamina md back. bon
to the weak .knccd registrar who had 4