The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-09-03
The Registry Law OF westavirginia.
From ne Baltimore An.rreau Of TGursdoy.

From ne baltimore AEaGrieGH Of 2huFEday.
Some weeks since Judge jackson, Of the
United States District Court for West Vir-
ginia, appointed an unprecedented num-
Der Of United States Commissioners In
several counties Of his district, and the
Republican journals Of the State were
greatly exercised to know what was meant
BY this formidable array Of officials. The
fact that all the new appointecs were
Conservatives" gavc rise to some grave
apprehcnsiOns. II was otlong before the
mystery was solved. West Virginia has
u Registry law, somewhat similar in its
provisions to the registration act passed
by the Legislature Of our own State In
1865, under which certain Of her citizens
are DISTINGUISHED by reason Of their hNv-
ing participated in the rebellion. When
the act for the enforcement Of the Fifteenth
Amendment was passed by Congress 1t
was supposed by some that all persons eX-
Cept such Us had been convicted OF crime
were cnfranchiSGd thereby, and that oil
State laws that restricted the exercise
Of the right OF suffrage had been super.
seded. This view OF the Case obtained
strongly among the DISTINGUISHED OF West
Virginia, and the commissioners above
named were appointed for the purpose OF
issuing warrants for the arrest OF such
registers as insisted on enforcing the State
law, and binding them over to appear
before the United States District Court
1t was thought advisable that there should
be large number Of commissioners for
the convenience of both the prosecutors
and the registers. 1t has been charged
by the advocates Of the registry law that
these officers were appointed TO oYeraw
and intimidate the registers in the dis.
charge Of their duties under the law, by
keeping the threat Of arrest ever present
before their eyes, but we should be slow
to think that the court in making the up 4
pointments would be governed by any
such unworthy motive US this. For the
last month there has been considerable
commotion among the registers; some
have been arrested, others have been
threatened with arrest, and all have been
kept In constant apprehension Of coming
trouble. The were sworn to execute the
State law, but over their heads was hang
ing the warrant Of the United States Com
missioner if they attempted to perform
their sworn duty.
This being the state Of affairs, test
case was made up in Mineral county.
Mr.. John II. McIlwec, one Of the Regis
tGrs Of that county, was arrested -ior re-
tusing to enroll the name Of Mr.. Alkire,
upon a warrant issued by, United States
Commissioner J. Rufus Smith, and upon
refusing to give ball was committed for
the action OF the Grand Jury Mt the next
term of the United States District Court.
Mr.. McIlwee thcrcupOn applied 10 Judge
Bond, Of the United States Circuit Court
for the Fourth judicial Circuit, for the'l
writ OF haJeGS corpus, which being allow
ed, the prisoner was brought before his
Honor, sitting ut Martinsburg, on Monday
last, and discharged, The Court held
thai unless citizen was dislranchiScd on
account of his "rlcc, color or previous
condition." the law imposing such dis.
ability is not in conflict with the pro-
visions OF the 18th Amendment, and the
act passed by Congress for its enforce.
ment, and that the officer executing the
State law is not liable 10 tho penalties pfe: |
scribed By the act Of Congress referred %. |
It appearing that the prosecutor in this
case was refused registration not on ac-
count Of his trace, color or previous "con-
dition," but for having sympathizcd with
the rebellion, and having given aid and
comfort thereto, the defendant was dis
charged from custody. The decision Of
Judge Bond sets q precedent which will
control all similar cases, and hencet0rth
the Registers Of West Virginia wilIbe al
lowed TO discharge, their duties 4 without
molcstation from the United States au.
thorities. The Registry law ofWcst Vir-
ginia may be good law or q bad law,
but it has been decided by Judge Bond
that is not in conflict with the Constitu'
tiOn Of the United States and the. laws
made in pursuance thereof.