The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-05-16


In SEEATE FEB. 9, 1882.
Read twice and passed.
WILLIAM TgoRNDIRE, President
BosToS, FEBRUARY Is, 1852.
Hon. WILLIAM THoRNDIKE,
President Of the Senate.
Sir In behalf OF the Justices of the Supreme
Judicial Court, | have the honor to enclose you
the opinion OF the majority of the Court upon the
question proposed by the Hon. Senate. Hon.
Judge Morton not being in town, it has not been
in our power to consult him, without delay wi ich
we feared might be announcement.
am, sir, very respectfully. your obedient SER
want, LEMUEL SHAW, Oh. J. S. j. C..
The undersigned, Justices of the Supreme Ju-
dicia Court, pursuant to the request of the Hon
Senate, expressed in the Order hereto annexed
have had The question therein proposed under con-
sideration, and thereupon respectfully submit the
following
OPINION.
The third article of the Amendments to the
Constitution Of the Commonwealth upon which
the question arises, is as follows: Every male
citizen of twenty-One years of age, and upwards
excepting paupers, and persons under GUARDIAN
ship who shall have resided within the Common
wealth one year and within the town or district
in which he may claim right to vote, six calen-
dar months, next preceding any election of gov-
ernor, lieutenant governor. senator's or represent
tatives, and who shall have paid, BY himself or his
parent, master or guardian, any state or county
tax which shall within two wears next preceding
such election, have been assessed upon him. in nny
town or district of this Commonwealth, and also
every citizen who shall be by law exempted from
taxation, and who shall be, in all other respects
qualified as aforementioned, shall have right to
vote IN such election OF governor, lieutenant gev-
ernor, SENIORS and representatives; and no other
person shall be entitled to vote in such elections
This question appears to US TO involve three dis
tnct points, on subjects of inquiry arising from as
many distinct clauses provisions of the consti-
tutonal article cited.
]. Whether, the persons described, who NAV be
exempted from taxation, or whose taxes NAV be
abated under the discretionary authority given TO
the assessors by the tax act are pdupers" within
the meaning of the exception
9. Whether they By La7v exempted from TAR
a'lon, SO as to give them the political privilege of
voting without being assessed to any tax
3. Whether, not being paupers and being liable
10 be taxed or in fact assessed, though such tax be
omitted, or abated under the discretionary autbor
lty OF the assessors, they are to stand upon the
same footing in regard to the privilege of voting as
If they had been regularly assessed, and had actu-
ally paid tax.
!. In certain loose and indefinite sense the
persons In question may be called paupers. TIE
case suPposes them to be poor and in consequence
thereof, to be unable to contribute towards the
public charges. But we are of opinion. that This
is not the sense in which the word is intended in
the constitution. Long before the adoption of the
article in question, the word paupers, had ;,c
CURED precise and technical meaning and was
understood TO designate persons receiving aid and
assistance from the public, under the provisions
made by law for the support and maintenance of
the poor Such provisions had been made both in
England and in this country, long before the adoo-
ton of this article, of the original constitution
Besides, if it were intended TO be understood in
more general sense, and extending to all poor
persons, it might 60 to exclude those from voting
whose poverty might be manifested in other modes
than the one set forth in the extract from the tax
act Considering how important it has ALWAYS
been regarded in the framing of fundame ntal laws
upon which the essential civil and political rights
and privileges Of the subject mainly depend that
words should be used in a sense as exact and def
mite as the nature of language will permit. and
how careful the trainers of our constitution have
been in the observance of this rule and consider
ing upon how indefinite and uncertain a basis the
important right of voting would have stood had
the word paupers been used in any other than the
exact and technical sense which we have ascribed
10 it, our opinion is confirmed, that it was intend
ed to be confined to persons claiming assistance
for themselves families, from the provsi on made
by law for the Door
2 The next inquiry is, whether the persons de-
scribed can be considered as persons exempted bu
la'o from tdTation, within the meaning of the con.
Stitutonal provision in question.
hefe, ds III tpe olnet case, IN certain loose
sense, they may be said to be exempted by law be.
cause the authority is given by law to the assess
ors, and when executed, it is by force of the law.
that the exemption takes effect. But we are Of
opinion, that this is not the true construction of
the clause, but that it means to DESIGNATE those
persons, who by the terms Of the act itself are ex
empted, and where nothing more is necessary TO
give effect to the exemption, than for the person
entitled to the beneft OF il 10 show that he comes
within its terms
whether we regard the terms of the law i'm. |
posing the tax, or the plobable and obvious intent
ana design Of the Constitution, we think there |
WIZ be discovered broad and well defined d..
uheton, between those exempted from taxation. !
ny law, and those exempted BY reason of pover,, |
and inability, under the discretionary antbor;,y
given to assessors. ''
IL had been the long practice in this Common. |
wealtl, IN the assessment of taxes 10 exernn, COZ,
tain persons, in terms, whose pursuits and ON.
Payments were devoted to the public service. and
who, in effect, must be supported al he nnblc |
charge, such as settled ministers officers orb ~.
lessons oil colleges, Preceptors and ,oas,e,s oc III
lie schools and academies These no,s,,n p oD
exempted not on the ground of ionh;l;,. =. "ee
tribute 10 the public charges but becaus: ~ III.
labor wholly or chiefly, for the pubic 81 - "'e'
titled to support from the public. the ssa,nr,;a,
from taxation : only means Of con,,;hi,,;o
TO their support; and, II they were held l;sh1ss
10 pay any tax, their compensation for sa,v;s"s
ought justly to be enlarged in the same nrono,,;oo