Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-10-01

Argument. which We tliS day lay before oar read
cr>, founded aS il is cn the true exposition Il the
Constitution, and on strong aud repeated decisions
Of the Legislature:
FW hf EHqAtrt,.
AN ARGUMENT RESPECTFULLY SUB
MlTrED
Among The many questions arising under our
complicated right OF suffrage, there is one which
though heretofore decided and aceGiesc,, in. is
supposed now to he still doubtful. aid as it may
he OF Importance 10 have il correctly decided
propose L. give il some consideration
The amended Constitution ii the State. after
cnumcralin9 various qualifications. giving the
right of suffrage contains the following clause
And every such citizen, who for twelve
months next preceding has been hou>c-hceper
and head ot family within lhc county, civ.
town. borough. orccction district. where he may
offer 10 vote. and shall hare jesR ass >scd ,~ik
pad 81 The H. rpae ri he Communicable r1fiip
III wcccd,ac pear, aud qriUaAb paul he mAt-
and no other person>->hall he qualified 10 vote
Tor mrmb,ySot he Gcnerd iwmjfgin the COMFY,
Guy. town ur borough. respectively. wherein >ach
land shall lie, OF such hou>c.kcepcr and head ui
family shal! live
The acl OF the last session Of the Legislature
10 provide for the election ot Electors Of Ple,-
DEM and !'icc President ol The uniled Stale
provides. THAT The persons qualified 10 vote tor
mclahcr- ot the General Assembly, Shall br en-
titled 10 vote for EIcco.s of President and Vice
President The qualification ot volcls. Therefore,
both for Members OF Assembly and Tor Electors,
is thc same.
The question has been asked, What meaning
is lo Ic given To the words in The Constitution,
''0ad StaH dGre icn assessed rita pint If me- r.
ron,te n III, Commonwealth l'.@a hc preo,dmg
may. and ol'yoi0 2.iH n, salp,'" Within the
preceding year Do these words apply 10 tie
twelve months Immediately aa,cccdent 10 an clc'-
ton! A.. ior iisiarce, when the election takes
place in April loii DO they apply 10 he ycar
running h;ch from April lcii 10 April, l>l3l
Or 10 they apply to the year preceding the one IN
which the election may lc held! A.. lor E>iancr,
the election taking place in AIril 1911. do thy
apply To- the calendar year 1913! OR do they AZ
PIX to The fiscal year Of the Commonwealth tie
preceding year in which ibc revenue is collected
and paid! A., for instance the election taking
place in April ISL. Do they apply 10 tie PIE
cedng fiscal year which commences ON the IL
of Ccohcr, Isle. and terminates on the ::;oih ot
September 1873!
IT,. H. examine these questions, aud til" jec-
sions upon them.
Do The words in question thcn. apply 10 the
twelve months Immediately aneceGcHt To an elec-
tionl | think moi The yolcf mus have been
assessed with 4 pant .! the revenue Of The Com
monwcaI;h within the preceding year and actual
Is paid the sane" SuDausc the General elections
to take place in April lSil--Ihc Commission
cis ~ the Revenue are required by law, on The
INST OF February in each year, Ia begin ant lio-
cccd wiog; delay through their respective dis
lrict, 10 make the lists oi property subject I" i'N
alton. And this lis;n" Of property ami ilN'h! Is
value. i, the assessment contemplated ~ Inc = on
>tii,l.un. III. Commissioners then commence
iE, assessment in February. ISL within the year
preceding the election, bat they ;re not required
H. deliver their lists la the >heIi> uhii the mt
ui Julv following and therefore, they are allowed
until thai time "a complete The assessment Now,
whcniic elections tanr place ~ April, tie g.
>t.Sincni tor the year Immediately plecedih"
April j. only partially nat:c->olnc are assessed.
and some are not Pa, the voter must not only IT,
assessed with pant 81 the revenue within 'hc
preceding wear. hut hc must have actually pad
the same And rs the shcriiiS cannot commcn"c
collecting the take, I'LL after The iir>, al july No
time when the Commissioners books are placed
III their hands il follows that 1t i Impossible lot
the voter to have paid the tax Gner that a,>'>>-
M n and al: this class q: voters would hc cN-
,ut!cd som. bccalisc they have not been assessed,
and an because they could moi pay their iaXc>-
/, YOU IecUr back from April The time oi the cec-
ton. 10 the preceding April, then the same Gl'i-
cully presents itself; for Won have then only pant
of The assessment oi The pItrious ycJr. abd pait
of the assessment ri the present year. because the
assessment is commenced in February 81 r.'h
year and j. not incluJci in tpii. Thi" show
men. cunclu>iyclv. that wien the elections tan"
place IN Awll 4 different meari" !nu> lr' "iv' n
10 the Constitution. And rs tie clcr'loU> hdd al
most always taken place in April, prlof TO he
adoption o! the Con>tuiol and n. the TIN"
when the asScs>inen; !: commenced was 'hc IAN"
ihcr that il is now, il j. plain that the w"ni> to
moi apply 10 the twelve iuon's immc'laIely al
lccrdcrl 10 the election
Bat il NAV b. ~ai! that - thc Presidential
election takes place on The inst Monday ~ NJ
yc,nher ana ,ir assessment i fully completed ~
the first of .Iulv preceding that different c.>'
is presented Here too, however, " atc met
with anrloer diihcuy: for. the assessment must
not on,v lie made within the preceding year. Int
The tax must have been actually paid Now, 'he
Sheri..S commence collecting The revenue aiitr
The tI>; at july. but are allowed ~ itw Gni'l
ia, iJln Gav oi December ia each wear. IA pay
INTO the Treasury al taxes 10 he br them
collected in such year. and il j. universally
known, lhal much ol the revenue j. not ru-
lcc,ci on hc iirs, Moaiay in No"cmhcr II lbs
construction prevails, it would eve the Sherii!'
and their deputies the power al giving or de
prrng voter of his rights, bY collecting or
retaining 10 collect the tx al his pleasure be-
fore ~ after the election. II Was never designed
hy the trainers ii the Constitution 10 make he
right al suffrage depend upon such cJnHn-enccS
II the twelve months Immediately Wec'dn%
the election j. the period contemplated, iien ilc
r.,li Of sunra o. niay le restricted or caluscd ~
tie pleasure OF iafty Lcs>leiGic-aud ut "nir
50 but those WHO arc entitled "a vote one year,
NAV II, deprived 81 their ri@it the next. Al ,at
wGii!i H. necessary 10 ciicc, his Object would h.
tpr the Legislature Ia change The time O.! making
die assessment 10 :. lev days before an election
or 10 change the day ot election To- i few days a.
tcr the assessment, ~ to change the time 81 pay
in. the taxes into the Treasury. The assessment
could no, be completed or ihc Paymen; 81 the AN
could no, bc made and the right of the voter
would b. DESTROYED
Do the words within he preceding ycat, AZ
ply to the year preceding thcon in which the rlcr
ion i mad: that * when the election takes
place in November, ISL do they apply to he
calendar year ISIS
This question ha> been lully aud uniformly de-
cts,: in the affirmative ~ the Legislature IN al
most ever" possible east that can ;.r>c.
In l~30-3l, The first legislature which met
under the new Constitution had the question
presented 10 them directly. and under cncun-
stances almost identical Wlih those cN Using n
the approaching election. Tho elections Tor the
General ass mtlv that wear, took place ou Il r.
Court DAYS in the month oi October. ant OF
course did not terminate until near The end II
The month MANY of thc Count days Icing or Tie
fourth Mondays in October The election now
takes place on the first Monday in November,
on!y a few days after The assessment that
year commenced - ii does now. on the first 4
February preceding. aud The taxes were pail in,
as they are now, on the 18th ii Decemuer.-
Under srch circumstances Inc following decisions
were made:
TIE first question arose in the contest from the
county Of Orange between Thomas Davis aid
James Barbour. In that ease The House q Dc
egale> st aside The election entirely and reicrret
ii back 10 the people. lecau.c among other Oh
cctions, he officers conducting the election inter
prcrcd in a different way at the different rIac'e
OF holding the SAID election tha, clause 90! ite
Constitution which regulates the ii"ht q sat.
TRACE, whereby att place Of h"dngthe <aid e."'.