Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1871-09-22
A Bad Rulo that Will NOT Work B0tn
WaYa.

A Bad Rule that Will NOT WORK bOtn
Ways.
We learn from our Maryland exchanges,
says the Baltimore Sun, that question has
been made in some of the counties in this
State, and has given rise to conflict Of judi
cial opinion, as to the right Of negroes, who,
previous tn their enfrauchisement, had been
convicted of Infamous crime, aud had served
a term in the Penitentiary, to register and
vote under the Constitution and laws of the
State. In the Seventh Judicial Circuit, it is
stated, the decision of Judge Magruder has
been in favor of the right to registration under
such circumstances. In the Second Judicial
Circuit the decision Of full Bench, according
to the Chestertown Transcript, has been just
the other way. The text Of the Constitution
(section 2, article II upon the subject, is as
follows: "No person above the age of twenty
one years, convicted of larceny or other infa-
nous crime, unless pardoned by the Governor.
shall ever thereafter be entitled to vote at any
election in this State" registration act
1s7O, chap. 459) provides (sec. 81 for the
registration Of all persons who 'possess the
requisite qualifications under the Constitution
of the United States and the laws made 10
pursuance thereof, and of the Constitution of
the State of Maryland-the qualifications OF
age, citizenship and residence-and are not
disqualified under the provisions Of the second
and third sections of the first article Of the
Constitution" The 9th section Of the act
provides for interrogating all persons apply
ing for registration as to the existence Of any
disqualification enumerated in the Cnnstitu-
ton. The question u.s. therefore, purely one
of State law, and for decision by the State
Courts. The utmost ingenuity cannot make
a question for the Federal Courts out of it, in
as,nuch as the Fifteenth Amendment only for
bids discrimination on account OF race, color
or previous condition of serviiude, and in this
case the only discrimination contended for is
in favor Of, not against, the negro. There is
no doubt that ,ohite men who have been con-
victed of infamous crimes, and have served
odt term in the Penitentiary, are disquali-
fed under the Constitution. The argument
is urged, however, that man cannot lose
that which he has not got, and that negro
convicted before the Fifteenth Amendment
cannot forfeit franchise which he did not
then possess. The same argument is used to
enforce the right to registration of white per-
sons sentenced to the Penitentiary before they
were twenty-one We should not suppose
that either class of convicts were such desira-
BILE political allies that any party would be
solicitous to appear as the champions of their
right to vote, or seek to recruit its ranks a
mong the graduates of the Penitentiary. In
opposition to the view we have referred to, it
may be said, and this was doubtless the ground
upon which the Court in the Second Judicial
District proceeded. that the question is not one
of penalties or forfeitures, but of qualifications.
The Constitution ennmerates certain causes of
disqualification, among which are conviction
Of larceny and ot&g Infamous crime, unless
wiped out by 90 Of the Governor
Refnre th - W. 2naapt> this pro11
the moment tia amendment operated to
abolish all distiDcv 6ns. and Determinations
based upon race or color, colored men were
entitled to vote upon precisely the same terms
and subject to the same exceptions and limit
atoms as white persons There seems no rea-
son, therefore, why negro convicts SHOULD en-
JOY the privilege of voting from which, by the
Constitution, white convicts are debarred, nor,
as we have said before, can we see that the
interests of society are likely to suffer so Sc
verely by their exclusion that political cru
SADIE need be started 10 their behalf. As al
ready stated, however. tie question belongs
to the Courts, and will doubtless be referred
to the appellate tribunal of the State for an
authoritative and final decision.