The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-09-03
THE ENFORCEMENT ACT.
Decision of Judge Bond in the Case
at MRFtinSbuFg.


dicial Circuit OF the United States, ct
Martinsburg, West Virginia, on Monday,
the Goth ult.
The Marshars return alleged that he
held the petitioner by virtue Of a warrant Of
commitment issued by John Rufus Smith,
an United States Commissioner, tor re.
flsal to register Winfield Scott Alkire, a
native born white male citizen and resi-.
dent Of New Creek township, Mineral
county, West Virginia. That he was
arrested and committed under and
by virtue Of the Act Of Congress
passed May 81, 1870, ITO enforce the
fright Of citizens Of the United States to
"vote in the several States OF this Union
land for other purposes"
The petitioner was sworn and examined
as a witness on the hearing. He testified
in substance that the applicant was
stranger to him. that he enquircd Of him
as to his age and residence, and his COM
plicity with the rebellion; that not be-
ing satisfied as to his right to register,
he would not register him then, butwould
take the matter under consideration, and
make up his mind about 1t; that he was
white person and that he (the registrar
did not reject him on account OF race,
color, or previous condition Of servitude.
The case was argued by the Hon. B.
Stanton for the petitioner, and the Hon.
C. J. Faulkner for the prosecution.
At the close of the arguments the peti.
toner was discharged, and following
opinion was delivered by Judge Bond:
JUDGE BONDS DECISION.
It appears from the return and the evi.
dence in this cause that the petitioner is
one Of the persons appointed, under the
laws of THE State Of West Virginia, to
register those entitled TO vote under the
election laws Of that State
A certain Windfeld Scott Alkire,
white citizen OF West Virginia, made APP
pliCation on tho fifth day Of August, 1870,
10 the petitioner TO be registered, and his
application was refused on the ground
that he was not qualified TO vote under
the laws Of the State. by reason OF his
adherence or participation in the late re.
belliOn.
The petitioner was, therefore, on the
affidavit Of said Alkire, arrested and
brought before q commissioner Of the
United States for supposed violation Of
the act Of Congress, approved May 81,
1870, and by said commissioner, In de.
fault Of bail, was committed 10 answer at
the next term of the District Court sal
It appears to me that this case does not
come within the purview Of the statue in
question. ......
That it was not the intention of Gen.
gross TO abolish the laws Of the several
States which prescribed the qualification
Of voters, or even to alter them, except so
far as they were founded "upon the dis
tinction Of race, color or previous condi-
ton Of servitude," is sufficiently evident
from the words Of the first section Of this
statute, which declare it to relate to "all
citizens OF the United States who are or
shall be otherwise qualified by law to
vote"
1t cannot be doubted that the meaning
Of this language is that these citizens shall
be qualified 10 vote by the laws Of the
State or Territory in which they offer TO
poll.
That these persons thus otherwise
qualified shall vote" without distinction
of race, color, or previous condition Of
servitudc, is the purpose and intent Of the
statute.
It was clearly the duty imposed upon
the petitioner to inquire into the qualifi-
cations Of the applicant for registration
under the laws OF the State OF West Wiz.
ginia, and ii he found him "Othcrwise
qualified" he was to register him with.
out distinction Of race, color, or previous
condition Of servitude," under the penalty
Of this act Of Congress.
The third section Of the act Of Congress
relates 10 those citizens otherwise quail.
fed" who have not been able, by reason
oil the wrongful act or omission alore.
said" 10 do the prerequisite act which
entities the citizen 10 vote. There Is no
mention Of any wrongful act or omis.
sion" in the third section itself, and every
rule Of construction requires that reference
should be had to the previous sections
while we find the wrongful act or omis.
sion" to be the making among citizens
"otherwisc disqualified" distinction ION
account Of race, color or previous cOndi-
ton o: servitude." 4M
It's not pretended that the petitioner
refused the application Of Alkirc on this
account, and theleforc he IS not guilty Of
the wrongful act or omission" which
makes him amenable to the punishment
prescribed in these sections.
The twenty!second section OF the act
under consideration relates to the Officers
Of any election at which any Representa-
tive or Delegate in tho Congress Of tho
United States shall be voted for" 1t is
not alleged, nor is it true, that there was
any election Of the kind being held, Of
which election the petitioner was an 'Ofti.
Ger" lie was mere subordinate officer
Of registration, from whose judgement
there was an appeal by the laws Of the
State to board Of registration in review.
The petitioner, in my opinion, must be
discharged, because it docs not appear
that he Is guilty Of thG violation Of the act
Of Congress with which he is charged; and
for the reason. that Tor his Judgment Of the
qualification Of the applicant Tor registra.
ton, under the laws Of West Virginia, he
Is not anSwerablc in the courts Of the
United States. shall pass IN order to
this eject 'E II. L. BOND.
The petitioner was discharged.
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