The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-09-03
That White Men, Have no
Rights That q Radical
Congress and q Radi.
cal Judge are Bound
to Respect.
White Men, Reflect and Pom.
der Well the Mad and
RuinOus Tendency OF
Radical Progress
sion.

Sldtc, uIlutE INC duhiihS
Radical Government, confer upon him,
can with IMMUNITY deprive the white
man Of his vote, but dare not inter
fere with the newly born PRIVILEGES
of the black man. Such is the decis-
ion of Judge who brings to the bench
the impulses which inspire the partl-
san and repudiates the principles which
give to judicial action, alike its sincerity
and dignity. i
1t is with such fact the people OF
West Virginia are called upon to deal:
An act of Legislative tyranny, carried
into full and Jealous execution by a
Radical Governor, has received the
willing and predetermined sanction OF
partisan Judge. Whatever influence
belongs to high judicial office, indepen-
IDENTITY of the weight and character OF
the incumbent. has undoubtedly been
arraved in behalf OF West Virginia
prescription and in direct antagonism
to the rights Of the individual citizen.
On Monday last, in pursuance of the
programme arranged by the State Radl-
cal committee, Judge Bond, the recently
confirmed Judge OF the United States
Circuit, of which West Virginia forms
part, held an extraordinary Court at
Martinsburg. a registrar, who with
the reckless exercise Of power which
belongs to his office, had rejected legal
voter, was arrested and, in the absence
of the usual recognizance, committed to
answer an indictment under the late law
of Congress, known as the enforcement
act. OF the merits Of this particular
case we know nothing-as nothing was
said or adjudged it regard to it. The
registrar was discharged and was not
even required to be present before the
! tribunal which had employed the writ
Of habeaS corpus, not to protect with the
shield of judicial power the outraged
rights OF an individual freeman, but to
fasteu the chains which bind and de-
grade thousands of the truest and best
citizens Of the State. 1t was no pur-
pose of the Court or Of the committee
which had arranged its session, that
there should be determination Of any
question which effected the rightiul or
wrongful conduct Of this official. The
purpose was plain one, and avowed
with candor worthy of purer and
better intention. 1t was to obtain, in
the form of a pre;judged judicial opinion,
a decision which should declare that
the laws of the United States do not
affect the responsibility with which
the statutes of West Virginia have in
vested the official conduct of those
whom the authorities of the State select
as willing instruments by whose
agency the power of an oligarchy may
be perpetuated, and the disiranchise-
ment of thousands of citizens, be pro-
longed.
That purpose has been successfully
accomplished. Judge Bond has de-
cided that the enforcement act onl y re-
lates to the protection Of negro voters;
that it affords no relief for the out
ragged and disfranchised white; that it
contains no law which deprives the latter
of suffrage, while it nullifies any provi-
sion-organic or statutory-which re-
stricts or limits the new born rights Of
the negro.
OF the argument before the Judge it
is scarcely necessary to speak. 1t was
apparent from his manner that it would
have little to do with his decision.
The decision rendered by the Judge
shows that for once We might safely
Judge from appearances; and whoever
has weakly thought that even handed
Justice could hold the balance against
party expediency, may add another ex-
perience to those which tell how often
confidence is misplaced in these mod
crn days of our history.
1t is a singular fact that the offend
ing registrar was without counsel. Mr..
Stanton appeared as the retained ad-
vocate of the Radical Executive Com
mittec. His object had wider scope
than the mere defense of McElwee. 1t
was to relieve the rustic registrars Of
the apprehension which the terms of
the enforcement act had inspired it
was necessary that men who yield to
no promptings of conscience should
also become independent Of fear. This
reassuring, process was to be accom-
plished through Judge Bond. The ma,
chinerv was well arranged by the Rad
ical committee, and it did its work with
automatic accuracy. We have no de-
sire to do injustice to what we cour-
teously style Mr.. Stanton's argument |
ANY candid friends OF his, who were
present will admit its weakness and
their own disappointment, Before an
impartial tribunal, it would have fallen
with less force than that of summer
rain; and even before Judge Bond it
failed to afford that assistance which a
predetermined judgment generally re-
quires of counsel as consideration for
its partiality.
Speaking in behalf Of outraged right,
indicating the great principles of re-
publican government, and aiming to
assert the fundamental doctrines upon
which rest all our ideas of constitu-
tienal liberty, Mr. Faulkner made,
probably, the strongest argument of his
whole forensic life If the opinion of
a Judge, in these latter days, could be
influenced and instructed by argument.
ours would be the agreeable duty to re-
cord a different decision than that
which has made the 10Th of August,
1870, a marked day in the history Of
West Virginia The argument based
upon the XIVth Amendment-the
analysis of it's intention and scope; the
examination Of the Act Of Congress
and the construction Of its sections in
with both the XIV and
XIV Amendments; and the demonstra-
ton from the eontemporaneous declara-
tons Of leading Republicans in Con-
gress, of the real extent intended to be
given to this legislation-were conclu-
sive to every mind capable of compre-