Year: 1870

States court OF eSteTh virginia Inv
Wheeling Register commenting on 1t
says: 1t is calm, dispassionate and
unprojudiced Interpretation Of the law,
and makes perfectly clear the effect OF
that law in securing to every one VINO is
legally qualified to vote their right to do
so. The opinion is evidently prepared
with that care which Judge Jackson usu-
ally gives to the preparation ofimportant
papers, and we are well convinced that it
will stand the closest scrutiny. In fact,
the view taken Of the enforcement act in
this charge, is that which prevailed in
Congress at the time of its adoption. 1t
was generally admitted by those who yo-
ted for the passage Of the act that legally
qualified white men were embraced within
its provisions, and they would have ridl-
culed that construction Of the law which
limits its operations to the negro race
The author of the act would doubtless be
greatly amused were he to see the man
ner in which the law has been tortured
from its obvious intent. The law was
intended solely to defeat prescription,
not to advance its cause; it was intended
to prevent the Illegal disfranchisemcnt of
all citizens of the United States, not the
negroes alone,


"Thc proposition assumed by Judge
Jackson, that the enforcement act takes
from the Registrars and Boards of Re
gistration the discretion they have here
tofore exercised, is well sustained. They
are no longer the supreme arblters the
right Of the citizen to vote, Their opin-
ion, whether real or feigncd, is no longer
sufficient to exclude from the ballot box
the votes of those who have complied
with the forms Of law. II they can proce
that the citizen who applies is not legal
ly entitled to registration; if they can
establish by competent testimony that he
has sworn falsely and that he did volun-
tarily engage in rebellion, of course, un-
der our present State Constitution, they
can defeat his right to vote. But they
cannot exclude him merely because, not
withstanding his oath, they pretend to be


not satisfied concerning his loyalty, or
because they choose to take this means
of gratifying their private animoaities OF
personal quarrels. They have 10 discre-
ton in the matter. If a legally qualified
citizen comes before them for registra-
ton, they are bound to put his name on
the list; if they arbitrarily refuse, they
cannot prevent his voting, for the super
visors and inspectors Of election will still
be bound to receive his ballot, upon aili-
davit as to the facts.


"These are the views we have enter
tanned and expressed from the first, and
for the expression Of these opinions
Democrats have been denounced as liable



to punishment for the intimidation OF
registrars Efforts to require the Boards
Of Registration and township registrars
to obey the law as it is now interpreted
by the Judge OF the United States Dis
tnct Court, are called by the Governor
"a concerted and mischievous plot. The
construction put upon the act of Congress
by the judicial officer whose duty it is tc
construe that law, ispronounced by GOV
ernor Stevenson, whose learning as ;
| lawyer is yet unknown to fame, to bC
false and violent Now let us see how
far the Governor will persist in what he
and his friends have been accustomed tc
denomce as the pernicious doctrine O
State rights how far he will persist il


nstructing his officers to nulliiy the exc
cu,on of the act of Congress,


e" 1t must be remembered, however, tha
the Conservative men of the State who
are insisting upon the proper enforce
ment of the act Of Congress, are not ask
ing for any violation Of the Constitution
and laws. We ask only for the registra
ton oflcgally qualified voters and we in
woke the aid of the act of Congress to dc
away with the arbitrary and lawless dis
franchisement of white men which has SC
long been practiced by the Boards oi
| Registration under the Instructions OF tho
Governor of the State. 1t is the despotiC
and unauthorized striking of legal voters
from the list that we are aiming to avert
and which, ifpersistcd in, will be punish,
cd in accordance with the provisions OF
the enforcement act. The Boards OF
Registration will do well to take notice
and be governed accordingly. The cir
cular letters Of the Governor will not ex-
cuse violation of the law and will not
constitute valid defense against q suit
for damages or an indictment in the Uni
ted States Disteict Court