Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-07-11

Assessors, annually, Ave days before the 18th da
of December, to publish, In at least three news
papers having the largest circulation IN the city
20 be continued three times week while the Boar,
is in session, notice that they viii meet daily b
correct the lists &c.
If the corporate authorities had power TO pas
this act, Il seems TO me entirely conclusive Of th,
question whether there any mode known 10 the Law
BY which the school tax list can be corrected afte
the 8lst December, and that there is none. Tha
they had the power cannot be gravely doubted OF
questioned, as the Assessors are to :" make return
of all persons subject to school tar in said city
under such rules and regulations as the said Cor
poration shall prescribe
The reason and policy of such power are self
apparent And it has been exercised with a SOUND
and wise discretion in the provisions requiring the
action OF the Assessors to be 80 industriously and
widely diffused in the community.
1t is clear the Register could not alter II ; moi
could the Mayor; nor could the Judges or Com
missoners Of Election, who are quasi judges, In
vested with power to o certain extent TO deter
mine the qualification Of persons seeking to vote.
This much was necessary to the understanding
of the fifth section Of the Charter Of lS4S, which
is but an extension OF the fifth section of the
Charter Of 1920.
The second section of the Charter of lS48 gives
to the Corporation "power to lay and collect a
school tax upon every free white male citizen Of
the age OF twenty-one years and upwards, Of one
dollar per annum."
The fifth section of the same provides I" that
every free white male citizen Of the United States
who shall have attained the age of twenty one
years, and shall have resided in the city Of Wash
ington one year Immediately preceding the day Of
election, and shall be resident of the Ward in
which he shall offer to vote, and shall have been
returned on the books of the Corporation during
the year ending the thirty-frst day Of December
next preceding the day OF election as subject to a
school tax for that year, - = and who shall have
paid the school taxes and all taxes on personal
property due from him, shall be entitled to
vote" &C.
United States.
2. He must be twenty-one years of age on or
before the 3lst day of December next preceding
the election.
8. He must have resided in the city one year
next preceding the day of the election, and must
ON that day be a resident of the ward in which he
offers to vote.
4. He must have been returned on the books
of the Corporation" &c. He could only have been
so returned "under such rules and regulations as
the said Corporation" had prescribed.
5. He must have paid his school and personal
tax.
The Charter of 1920 contained all these provis-
ions, except as to the school tax, and provided
that no other person shall be entitled to vote ut
any election for members of the two Boards" For
81 years that lin connexion with the Charter of
ls48) uniformly, and presume without exception,
was understood to mean that no man could vote on
personal property unless he was assessed prior to
the LIST day of January next preceding the election
We have, then, the cotemporaneous exposition
by the people interested in it, and the plain and
unambguous words of the law ITSELF by which to
determine for ourselves what is meant. cannot
doubt that the Legislature meant and have plainly
said, man shall vote on the school tax unless he
was returned by the Assessors prior to the first of
January next before the election.
But there remains another question, and one of
exceeding nicely and difficulty. / do not think
there is great difficulty in the words of the fifth
section Of the Charter of S4S relative to the cit
izenship of the person claiming to vote, taken
alone. But we must take this, also, in connexion
with the received construction of the same words
in the Charter Of 1920 and the Circuit Court has
said in the case of Mackall as. The Corporation OF
Georgetown, that we may resort to that for the
determination of question of doubtful powers.
The words are, EVERY free white male citizen
of the United States who shall have attained the
age OF twenty-one years, and shall have resided in
the city of Washington one year" &c. Who is the
person whose residence is thus prescribeds Not
male resident of Washington or citizen Of Wash
ington, but every free white male citizen of the
United States, He must be during the whole time
not only free, free white, free white male, free
white male citizen, but he must be a free white
male citizen Of the United States. This is the
clear grammatical construction.
II may be said we would thus make an unjust
discrimination between a native and naturalized
citizen and Congress could not have intended that
and tbaro "a mt net npafr pt,t
this not only begs the question: but is not founded
in sound reason. A native could not acquire the
right to vote, unless he had the residence pre-
scribed by the act. 1t is then, putting them both
precisely on an equality. A foreigner, notwith-
standing bis declaration of intention, is still for
eigner, until he is naturalized II is doing him no
injustice to say he shall acquire the right by
residence which native acquire, but no higher,
or better, or earlier right.
The grammatical construction and the reason Of
the rule concur in giving this Interpretation, that
he must be a citizen of the United States for a
whole year next before be offers to vote.
But the same words are used In the fifth section
of the Charter of 1920; and under that Charter,
as am informed and believe, the vote of every
naturalized citizen has been received IL his name
appeared as assessed on the books Of the Corpora
ton for the year ending the Slst December next
before the election.
Inc result oil my inquiry Is
/. That no man is entitled to vote unless he
was returned on the books of the Corporation du-
ring the year ending the 3lst December next pre-
cedng the day Of election as subject to school
tax for that year.
Q. That II he is so returned, and has the other
qualifications is native or naturazed before be Of
fers to vote, his vote ought to be received.
/ regret that have not had time 20 collate all
the passages in the Charter bearing these qucs-
tons or to refer to authorities or even carefully
to revise the language Of this opinion. The argu-
ment and the facts on which II rests and which are
within the reach of the committee, are but the
abstract in part Of what have lately had occasion
TO present in the Circuit Court They did not pre-
vail there, and you must take them for what they
may appear TO be worth
/ am, very respectfully, &c,
JOSEPH II. BRADLEY,
Attorney for the Corporation.