The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-09-26
JUDGE JACKSON'S CHARGE
TO THE GRAND JURY.
The following IN that Portion Of the
Charge which Relates TO the En-.
fOreement Act" Delivered at the
August Term Of the United states
District Court, ut Clarksburg,
West Virginia:

NOUHTt>S Ut It's Idsl SesoiOi pNhosCO
act, the title ofwhich is 'to enforce the
right of citizens of the United States to
vote in the several States of this Union,
and for other purposes" Under the
ninth section of the law, the Circuit
Courts of the United States, with a
view to afford reasonable protection 10
ali persons in their constitutional right
To vote without distinction of race,
color or previous condition of servitude,"
and for 'the prompt discharge of the
duties ofthisact, ARE required from time
TO time to increase the number Of Com
missioners so as to afford speedy and
convenient means for the arrest and ex,
animation of persons charged with a
violation of .his (the) act" During the
late term of the Circuit Court, upon APP
plication made to it, some additional
Commissioners were appointed under
the act for The purposes specified in it..
Information has. reached Mts Com thai
under and by virtue OF its provisions
several persons have been arrested,
charged with violation of it, and after
examination 10y the commissioners, have
. been held To answer indictments 10 be
preferred against them at this term of
the Court.
1t therefore becomes your duty to in
vestigate the charges preferred against
the parties who are recognized to answer
and at the same time it is my duty to
expound the law under which
Won are TO act This act from its
supposed political Importance has, rs
| am aware, been the subject of consid-
cradle discussion, and as is usual under
such circumstances, various interpreta-
tons have been placed upon it. 1t is to
be regretted that a public law which
was so likely to receive judicial con-
slruction and Interpretation, as the one
under consideration, should become
the subject of heated partisan discus
sion, before it had received the calm and
deliberate consideration of the judicial
mind. to which we must always look for
the proper legal Interpretation and con-
structon of the law.
1t has been suggested that some OF
the sections of this law are unconstltu-
tonal. for the reason as ii Is supposed
that they make dise:imina ion in favor
Of one class OF our citizens, affO riding
protection 10 them alone.
In the view that | take OF this act,
| | think no snch discrimination has been
made in favor of any class, and am
inclined without entering upon full
discussion OF the objections raised, to
some of its provisions, at this time, to
maintain its validity, and shall there.
fore proceed to give you the views OF
the Court in relation to it.
1t is a general principle quite familiar
to the legal profession, that in giving
construction to public statute, it is the
duty OF the Court to ascertain the
meaning and intention Of its trainers
from the words employed and the matter
TO which it relates, and so to construe
and interpret it, as to give effect to all
the words used, when not inconsistent
with the object expressed. And while
this principle Of law is unquestloned, 1t
is equally true, that when the intent Of
a statute is plain, nothing is left to con-
struction, and il is the duty of the Court
TO interpret it according to its positive
and explicit provisions.
Testing this act of Congress by the
principles Just stated, let us ascertain,
If possible, what was the design and IN
tention of Congress in its adoption.
From an examination of its various
sections, it is evident that its trainers
had primarily three obiectsin view:
First, to promote the public good by
preserving the rights of the citizens, in
recurring all citizens, whether officers
of the law or not, to respect the rights
OF each and every person in the enjoy
ment and exercise of the right OF sui
trage, without distinction Of race,
color. or previous condition of servl-
tude" Second, to prevent evil disposed
rersons from unlawfully interfering, or
intimidating the officers OF the law IN
the discharge of their official duties IN
protecting the integrity and purity OF
elections. Third, to prevent any one
from holding office under the govern
ment who is disqualified by reason of
the 18th amendment to the Constitu-
ton. That the act was framed tor more
than one purpose, is evident from the
title itself, which is ITO enforce the right
of citizens to vote" as well as "for 9TH
er purposes" AT this time, it is only
necessary to consider the act so far as
applicahle to the first two objects
named And here it becomes a peril
nent inquiry to ascertain who is en-
titled under this act 10 exercise the
right of suffrage cor in the language OF
the act, who is qualified by law to
vote at any election by the people OF
This State An answer to this ques'
ton necessarily involves the consider
ton OF the first section, and as prellm-
mary to it. | assume, that all persons
horn or naturalized in the United
states, and subject to its jurisdiction
are citizens of the United States, and
If the STATE wherein they reside,
whether white or colored The first
section declares in plain terms that all
citizens of the United States who, are
otherwise qualified to vote 10y the laws
Of the State in which they live, shall
he entitled to, and allowed to vote at
all elections, without distinction OF race
, color or previouscondition OF servitude,
This section provides who shall exercise
! the right of suffrage, imposing no lim'
ltation upon the laws OF the State, ex'
| cept that no citizen shall be disfran'
I chlsed on account of "race, color OF
previous condition of servitude. The
words without distinction of race
color or previous condition Of servi
tude," are general terms, descriptive il
, their character, and are not restrictive
: and do not limit the preceding words
! "all citizens of the United States who
= are or shall be otherwise qualified Il