The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-11-03
STATE OF MARYLAND,
Attorney Generals Office,
R,,IItmoYs n.t D.D Ig-n


HoN. GEORGE NICKgRs,- My Dear sir:
by reason OF my absence your favor of the
18th inst. did not come to hand until yes.
terday. In compliance with your request,
have carefully considered the "Act of
Congress to enforce the right of citizens of
the United States to vote in the several
States, &c., und its effect upon the Cons;i.
tuition and laws of this State. The Act pro-
fesses to enforce the Fifteenth amendment,
which prohibits the States from making aLy
distinction in the right Of voting ION ac.
coaut Of race, color or previous condition
of servitude." The States are still left to
their discretion in prescribing the aualifi
cations Of voters, and in regulating the
right of voting in mode applicable 10 all
citizens alike. The Maryland Registration
Act of 1870, chap. 3j9, conforms 10 the ff.
teenth amendment; makes no distinction
on account Of race or color, but gives to all
citizens of the requisite a e and residence.
not disqualified by the 2nd aud :}rd sections
of Art. Of the Constitution Of the State.
/" the same aud equal opportunity to be.
come registered voters. The Officers of
! registration, by the State law, are bound
by oath to the faithful performance of their
duties, under fine and imprisonment, aud
are also liable to DANA es at the suit of the
party aggrieyed, if they "knowingly refuse
or neglect to comply with any Of the pro-
visions" Of the State law. Under the
sanction of this law registration of voters
is made, and list is to furnish to the iudg.
es Of election. The Constitution Of the
State, 9th sec. of LIST Art, declares that
| this "Registration shall be conclusive evi.
dence to the judges Of election of the right
OF every person thus registered to vote ut
any election thereafter to be held in this
State but no person shall vote at any eec.
I ton, Federal or State, hereafter to be held
in this State, unless his name appears in the
| ] st of registered voters.n This applies to
all voters alike, and certainly is not in con,
hict with the fifteenth amendment. But
the 3rd section of the Act of Congress at.
tempts to confer upon all persons rejected
| by the officers of registration, the right of
appeal to the judges of election, who are
required TO try the question whether the
failure TO abtain registration was, or not,
by reason of the wrongful act or omis
sion" of the officer of registration and il
so found, TO receive the vote, If ''otherwise
| qualified The right of appeal from the
refusal of an officer of registration, to reg.
lister person as q voter. is see.red by the
18th section of the State law, to the Judge
or Judges OF the Circuit Court of the Couu-
ty. This attempt by Act of Congress to
confer jurisdiction upon the judges OF elec.
ton, who are State officers. and to require
them to perform other duties than those
prescribed by the State law, and which are
IN conflict with the Constitution and law of
the State. and in no way connected with
the fifteenth amendment, is, ia my j dg
ment, clearly beyond the powers Of Con.
gress. The extraordinary powers conferred
by the Act of Congress upon Federal
officers, of instituting proceedings, at the
expense of the United States, against per.
sons charged with the violations Of the Act
/ Of Cong ess, may be exercised oppressive
lyi but it is to be hoped that no officers OF
the State will be deferred from the faithful
performance of his duties by apprehensions
of proceedings against him under this Act
of Congress. The State of Maryland will
unquestionably fulfil its obligation to afford
all possible protection, defense and indem.
nifty to its officers, acting bona fde, in the
| discharge of their duties.
am, very truly, yours. &c.,
ISAAC ID. JONES.