The Van Buren press., 1870-10-11
The Van Buren, Press,
VAN BUREN,, ARKANSAS.
Judge Jackson's Charge to the Grand
Jury Of the q. s. Court Of West
Virginia.


ister, the following portion ofthe charg,
Of Judge JACKSON, which relates to tn,
Enforcement Act" of Congress, deliv
cred at the August Term:
Congress at it's last session passed al
act, the title Of which is Ito enforce th,
right of citizens of the United States tc
vote in the several States of this Union
and for other purposes. Under th,
ninth section oil the law, the Circui
Courts ofthe United States, with vie,
to afford reasonable protection to all per
sons in their constitutional right to vot,
without distinction of race, color or pre-
vious condition of servitude," and fol
"the prompt discharge Of the duties o
this act" are required from time tC
time to increase the number of Commits
sioners so as to afford speedy and con
venient means for the arrest and exam
ination of persons charged with viola.
ton of this (the) act" DURING the lat,
term of the Circuit Court, upon applica
ton made to it some additional: :Commis
sioners were appointed under the act fol
the purposes specified in it. Information
has reached this Court that under and b,
virtue Of its provisions several persons
have been arrested, charged with viola.
ton of 1t, and after examination by the
Commissioners, have been held to an
swer indictments to be preferred agains,
them at this term OF the Court.
1t therefore becomes your duty to in
vestigate the charges preferred against
the parties who are recognized to answer
and at the same time it is my duty to ex-
pound the law under which you are to
act. This act from its supposed politi-
cal Importance mas, as l am aware, been
the subject of considerable discussion,
and as is usual under such circumstances
various interpretations have been placed
upon it. 1t is to be regretted that pub
lie law which was so likely 10 receive ju.
dicial construction and Interpretation
should become the subject of heated par
tisan discussion, before it had received
the calm and deliberate consideration of
the judicial mind, to which we must al.
ways look for the proper legal interpre.
tation and construction Of the law.
Ithas been suggested that some of the
sections OF this law are unconstitutional,
for the reason as it is supposed that they
make discrimination in favor Of one
class of our citizens, atfcrding protection
to them alone
In the view that l take of this act,
think no such discrimination has been
made in favor Of any class, and | am in.
clined without entering upon full dis
cussion Of the objections raised, to some
Of its provisions, at this time, to main
tain its validity, and shall therefore pro-
ceed to give you the views of the Court
in relation to it.
1t is general principle quite familiar
to the legal profession, that in giving
to public statute, it is the
duty of the Court to ascertain the mean
ing and intention Of its trainers from the
words employed and the matter to which
It relates, and so to construe and inter
pret it, as to give effect to all the words
nsed, when not inconsistent with the OBJ.
ect expressed. And while this principle
Of law is unquestioned, it is equally true,
hat when the intent of statute is plain,
nothing is left to construction, and it is
.he duty of the Court to interpret it &C.
,ording to its positive and explicit pro-
visions.
Testing this act OF Congress by the
principles just stated, let us ascertain, II
possible, what was the design and inten.
ion of Congress in its adoption. From
IN examination of its various sections, it
IS evident that its trainers had primarily
.hree objects in view: First, to promote
he public good by preserving the rights
)f the citizens, in requiring all citizens,
whether officers Of the law or not, to re.
'pect the rights Of each and every person
u the enjoyment and exercise Of the right
If suffrage, " without distinction Of race,
color, or previous condition of servitude
second, to prevent evil disposed persons
rom unlawfully interfering, or intmi
laling the officers of the law in the dis
,harge of their official duties in protect.
ng the integrity and purity of elections.
Third, to prevent any one from holding
office under the government who is dis.
qualified by reason OF the l4th amend
nent 20 the Constitution. That the act
was framed for more than one purpose, is
evident from the title itself, which is /" to
enforce the right Of citizens to vote" as
we'll as for other purposes" At this
line, it is only necessary to consider the
,ct so far as applicable to the first two
objects named. And here it becomes q
pertinent inquiry to ascertain who is en-.
tiled under this act to exercise the right
If suffrage, or in the language Of the act,
Who is qualified by law to vote at any
election by the people of this State" An
answer to this question necessarily in.
,olves the consideration of the first Sec
ion, and as preliminary to it, assume,
hat all persons born or naturalized in the
United States, and subject to its jurisdic.
ion are citizens Of the United States and
II the State wherein they reside, whether
white or colorsd The first section de.
,lares in plain terms " that all citizens OF
he United States who are otherwise
qualified to vote by the laws Of the State
n which they live. shall be entitled to,
md allowed to vote at all elections, with.
,ut distinction of race, color or previous
condition Of servitude." This section
provides who shall exercise the right of
suffrage. imposing no limitation upon the
Avs OF the State. except that no citizen
shall be disfranchised on account OF
- race, color or previous condition OF
The words without dis.