Year: 1867

To the People OF Ohio County


Upon extraordinary occasions it be
comes the duty of the Representative T.
inform the people Of tho nature Of th'
measures which are pending in the leg
islative body.


1t is my duty, then, to say to you tina
a measure is now in progress, and vii
probably pass the Legislature, the etfee
of which will be to establish practica
despotism in West Virginia. refer Il
the bill introduced few days since b,
James H. Ferguson. Esq, to provide "fol
the registration of the qualified voters o
this State" 800.


By this bill it is provided, (section l..
| that the Governor, on or before the first
day of March in every year, shall ap
point five persons in each county to con
stitute q Board OF Registration ant
(section 23) that he may remove sucf
Board or any member thereof, and fil
the vacancy, whenever he deems Il
proper to do so.


The whole machinery is thus placed
under his control, to operate 1t as M
shall see fit; and the Boards of Registra
tion selected by him and removable a
his pleasure, are by other provisions o
the bill, vested with unlimited power
over your right of suffrage. .s.s


The bill provides (section 81 that the
Board shall meet on or before the first
Monday in April, 1867, for the purpose
of examining and correcting the regis
tration of voters in every township ano
ward. 1t then proceeds: "It shall bt
their duty at such meeting to strike
from the register the names Of all per
sons who in their opinion are not enti
tied to vote, and to add thereto the
names of all persons who in their opin
ion are SO entitled" No provision Ii
made that the person whose name is tc
be stricken from the register shall have
notice that his right is disputed, or al
opportunity to produce evidence and bt
heard in defense of such right. The
opinion of the Board, upon an unknown
accusation, settles the matter. and he
will learn the result when he goes te
the polls.


The 18th section is still more explicit
1t requires the Board of Registration tc
hold meeting on the first Monday oi
September in every year, for the pur
pose of amending and correcting the
last preceding registration. At such
meeting they shall, in the language OF
the bill, strike from the previous reg
listers the names of all persons who lave
died or removed, and Of all other persons
whose names may for any cause be, IN their
opinion, improperly thereon, and shall add
thereto the names of all persons who
in their opinion, are qualified voters.


The registration act of 1866 provided
(Scction y that "thc party whose name
is proposed to be excluded shall have
due notice of the time and place of TAX
ing the evidence TO prove his disquali-
fication, which Evidence he shall have
the right to rebut." This was honest
and fair. The omission of any similar
provision in the present bill is very sig
niticant.


You are to have no notice that y0ui
right is to be called in question-no op'
portunity to produce evidence or to be
heard. 1t is not regarded in the pres
ent bill as question to be decided by
evidence. These men, the appointees
of the Executive and subject to removal
when he pleases, will have you COM
pletely in their power. They are au-
thorized to strike from the registers, or
add thereto, snch names as IN Their
opinion they shall deem proper, and you
are not to have even the poor privilege
of being heard before this tribunal, such
as IL is. You know when they meet,
and yo,t hear after they have adjourned
that your case has been decided.


And you have no appeal. Their de-
cision is final and conclusive.


1t is prov ided in the 4th Section OF the
Bill that "The records of the said
Board shall have the same verify in all
respects as the records of the Circuit
Courts of this State" This is technical
language. Do you know what it meansf
1t means that you are never to be at lib
erty to deny or dispute any matter OF
law or fact which it may be the pleasure
of the Board to enter upon their record
against YOU. 1t will make no difference
though you may be able to produce the
most overwhelming proof that the de-
cision was erroneous. You are bound
forever bound-by the record. II they
have put you down as a rebel and a
traitor. a rebel and traitor you must
be.


And as if this was not enough, the
18th Section provides that "The Board
of Registration of each county shall
have tfe sole jurisdiction to try and de-
termine the right Of any person to vote
therein under the constitution and laws
of this State, and their decision thereon
shall be final, except in cases Of contest
ed elections before either House OF the
Legislature"


This exception stands solitary and
alone. If q candidate for the Legisla-
ture contests the right Of his competi-
tor to scat. he may have the question
between them decided by the Senate or
the House. consisting Of such members
as the Governor and his Boards Of Reg
istration have permitted to be elected.
In all other cases, there Is no appeal
from the decision of the Board Of Reg
istration, however monstrous the decis-
ion may be. It Is true, the Constitu-
ton provides that the Board OF Super
visors shall he the .judges of the cleo
ton, qualifications and returns Of their
own members, and of all county and
township officers. But il Is folly any
longer to appeal to Constitutional pro-
visions npon any subject.


No matter, then, how fragrant may be
the injustice that has been done you by
the decision of the Board of Registra-
ton, you cannot apply to the Courts to
correct the error. The sole jsrisdiction
to try your right TO vote is vested in the
Board. Tneir decision is final. Their
record in your case, in the language Of
the law. imports absolute rerity. r


1t is true that the bill provides that
the Boards may be prosecuted for a
misdemeanor, if they Enorinsly and ,eiI-
fully refuse to register your name but
| ii also provides that the decision CON-
plained of shall he presumed to have