The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-09-01
An InrIoriona Failure.

The Wheeling Rsgi1ter must perceive
now, pretty clearly, that its scheme to Sc.
cure the registration Of; persons dtsquak-
6ed under the laws of the State, through
the. malicious prosecution and intimida'
of the registrars, is failure. The Judge
of the District Court charges the Grand
Jury that the purpose Of the Act of Con-
grGssis simply to secure all the citizens of
the State a vote who arc qualified TO
vote under theflaws Of the State and the
18th Amendment. The Grand Jury I'M
der his charge, examining the cases of the
registrars arraigned, find they have not
refused to register persons 80 qualified,
but that the persons refused were not so
qualified. The Judge of the Circuit, upon
writ Of habtaI corpus granted by him,
decides that the act Of Congress does not
interfere with or override the State laws
save In the single particular Of race or
color, and that the Federal Courts have
nothing 10 do with the action Ofregistrars
except where they make distinction
against applicants on this account The
Attorney General OF tue United States
instructs the U. s. District Attorney for
West Virginia, to.dismiss all prosecutions
against registrars unless thcy. are charged
with making this distinction Of race or
Il color.
The meaning Of all this Is, that the ju.
dlcial authorities recognize, what the In.
TELIIoEScER affirmed from the first,
J that the act Of Congress could not and
docs not go beyond the authority found in
the 18th Amendment, and that It could
not and does not interfere with the State
authotities except where they attempt to
make discrimination against men solely
on account of'their race or color. In al
other respects the qualifications Of the
elector are len, and necessarily must
he, to the regulation Of tho State
laws, and the execution Of those
laws 10 the officers Of the State. II the
registrars discriminate against any colOred
man because he is colored, or against any
white man because he is white, they are
lamenable to the act Of Congress and
answerable in the United States courts. If
they refuse. registration to any colored
man for other reason than that he is black,
ora white man for other reason than that
he is white, they are 0menablc to the
State lsws, and answerable to State tri-
bunalS, and them only. ~
So ,tar as the Act Of. Congress assumes
powers beyond this, or may be construed
as comforting them, it is an interference
with State Jurisdiction tor which no
authority In the Constitution Of the United
States has yet been found by any party,
least Of all by the Democratic party. The
liofBcers of registration and election have
therefore, simply to. discharge the plain
duties imposed on them by the State laws,
with the single exception that they are
not to discriminate against any clector on
account Of race or color, and they win be
in no danger from the malice ofthose who
seek to Tighten them by prosecution or
threats otit. We have no disposition to
encourage retaliation; but II there are any
persons really in danger Of the penalties
ofthe enforcement Act, 1t Is the poor tools
employed by the Democratic State Com.
mittee to carry on this work Of threats
intimidation and false imprisonment.