Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-10-25
How Unregistered Citizens may Vote,


The Wheeling Register says that it has
been genarally conceded during the campaign,
that the act Of Congress known as the en-
forcement act, protects in the right to vote all
those against whome any discrimination is
sought to be made on account of their race or
color. The Register has contended, and its
position is fortified by opinions of Judge jack
son, Horace Greely, and many distinguished
lawyers, that the act in question has broader
application than to those only against whom
distinction of trace, color, or previous con-
dition of servitude" is made. We have held,
aud still firmely believe, that its provisions
may be made available to enforce the right to
vote of any citizen, white or black, who pos
sesses the qualifications of voter, such as are
prescribed in the constitution of the State.-
But, with perversity which is only attribu-
table to the desperate condition of the cause
in which they are engaged, the Radicals in
sist that white men may be enfranchised at
will, while negroes are under the protection of
law, and their right to vote cannot be denied.
They seem to ignore the existence of any
other race of human beings than the African,
and of all other colors than black.
1t will be remembered by our readers that
the third section of enforcement act provides
method of voting without registration to
those who have been illegally denied, or those
whose names have been wrongfully stricken
from the list. However, to present the matter
fairly and fully, we here copy the section of
the law referred to.
Sec. g. And be II further enacted, That
whenever, by or under the constitution or law
of any State, or under the laws of any Terri
tory, an act is or shall be required 70 be done
by any citizen as prerequisite to qualify aud
entitle him to vote, the offer of any such citi
zen to perform the act required to be done as
aforesaid shall, if it fail to be carried into ex-
ecution by reason of the wrongful act or omis.
sion aforesaid Of the person or officer charged
with the duty of receiving or permitting such
performance or offer to perform or acting there
on, be deemed and held performance in
law of such act and the person SO offering
and failing as aforesaid, and being otherwise
qualified shall be entitled to vote in the same
manner and to the same extent as if he had in
fact performed such act and any judge, in
spector, or other officer of election whose duty
it is Or shall be to receive, count, certify, reg
lister, report, or give effect to the vote of such
citizens upon the presentation by him, of his
affidavit stating such offer and the time and
place thereof, and the name Of the officer or
person whose duty it was to act thereon, and
person, or officer from performing such act,
shall for every such offence forfeit and pay the
sum of five hundred dollars to the person
aggrieved thereby, to be recovered by an ac-
ton on the case, with full costs and such al
lowance for counsel fees as the court shall
deem just, and shall also for every such offence
be guilty of misdemeanor, and shall, on con-
victiop thereof be fued not less than five
hundred dollars, or be imprisoned not less than
one month and not more that one year, or both,
at the discretion of the court.
A few days ago. Gov. Stevenson applied to
Attorney General Caldwell for written
opinion as to the kind of affidavit required to
entitle a citizen to vote under the act quoted
above. The Attorney General in his reply
places the whole stress upon the words race,
color or z7reUi0uS condition, and decides that
any voter who has made application to be reg
istered and has been refused registration may,
if he believes that the refusal was on account
of race or color" make affidavit to that effect
and present the said affidavit to the Inspector
of elections, and the said officer shall count
his vote the same as if he had been registered.
How then does this effect those OF our 1ohite
citizens who have been refused registration in
Berkeley county. They were willing to take
the oath prescribed, yet, the Board refused to
register them. Their qualification as voters
could not be questioned. Upon what ground
then was the refusal made, clearly upon no
other than that the applicant acas a aUhite man.
If he had been negro, he would not have
been refused for no negro in Berkeley county
was refused registration. All therefore that
our white citizens will have to do in the
premises. is to subscribe to the following oath,
which each one may, in our opinion, con-
scientiously do.
STATE OF WEST VIRGINIA,