The democrat. [volume] (Weston, W. Va.) 1868-1874, 1870-07-11
A Question Answered.
WESTON. July s, 1870.

A Question Answered.
WEsros. July s. 1870.
]. W. WorvlsDIS, ESQ.
You ask me, GAS Governor Stevenson
has sent out published instructions to his
registrars, to give you my construction
of the recent act Of Congress to enforce
tho right Of the citizens Of the United
States to vote in the several States Of this
( Union" ~ ~
2 The Democratic lawyer docs not con-
tend that this act of Congress creates any
nep rights of suffrage, bu, that it simply
'enforces rights whieh eris, and enables
the suffragan to vote when he is entitled,
TO do so under our State Constitution.
This act Of Congress, as l understand It,
is empl,atically an enforcement act, and
was passed to enforce casting rights.
And here tits but proper to state that
many of our Democratic friends fall into
error in supposing participants in rebel
lion can now vote. This is not the case.
Those only can vote who.- before The pas
sage oftLe law, uere entitled to do so
This law does not enlarge or change the
right of tho voter in any respect. 1t
leaves him exactly Gas to his right to
yotc) where be stood before its passage.
BMDheH, legally entitled to tote, and
has been or. shall 10 rrongfully denied
that right, this laD Of Congress affords hin,
The anplea remedy-not only for re-;
dress q grievances in the Federal Court
by payment to him Of $500, by the person
iyuring him, lulyhis making affidavit
according TO Tie 3rd ,eetion Of The act, he
is alloped to tote ,ehether his name is on
the register or not. And tAi, proportion
Gorernor Stcrenson does not attempt to
eonlrorert in Ills instruction, to the Regis
irars. fr5 lsida 9ft
Tho error Which many Of the Ropubli-
can editors and politicians Of this State
have fallen into in tho discussion Of this
act Of Congress is, that it is only intend
ed TO enforce tho Fifteesth Amendment
to the Constitution, which is a negro suf.
fringe amendment; and that no citizen
denied suffrage could appeal bis case to
the Federal Court except ION account Of
race, color or previous condition Of servi.
tudc." There is not word said about
enforcing the Fifteenth Amendment in
the whole act; and the very tito fthc
act itself negatives any such narrow con-
struction. M
Any unprejudiced lawyer, who will
read tho Constitution Of the United
States and then this act Of Congress, will
perceive at once that the FIRsr, Four
TENTH and FIFTEENTH articles to the
Constitution are looked to for lis autii.--at
", and that the act is perfectly in har-
mony with the powers conferred by these
several articles, and is not confined to en-.
forcing the Fifteenth article alone. It
not pretended by Democratic lawyers
that this act creates a single nep right
10 the voter, but cnforces State laws. and
the right Of tho voter when interfered
with BY corrupt or partisan registrars and
other State officers or conductors Of cleo
tions, to redress and protection III Federal
Courts, and If need be, by Federal bayo-
nets.
Therefore any qualified roter WHO foels
himself aggricved by any registrar or
other officer, in refusing to register him,
or by striking his name from the lis. Of
registered voters, may, under this act Of
Congress, take his case into tho Federal
Court, and have redress in damages
against any and all Of the persons then
ob,tructipg him in his right Of suffrage.
VI" 'WM. Z. ARNOLD.