Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-07-10

secret oath bound political organization, to
carry out whose ends boards of election com.
missioners in this city were packed with
secretly sworn men, all Of one side, who resort
ed to many illegal aud fraudulent shifts to re-
turn, as elected, the candidates of their oath
bound order, his assumption to override with
his partisan "opinion" that of the sworn and
highest adjudicators of the law here, passes the
point of political management, and becomes
dangerous to the rights and interests of all
among US who have rights and interests which
they are endowed with sense enough to value
as the rights of American citizenship should be
priced. To characterize it as in effect mere
partisan opinion Of the most active partisan of
the secret oath-bound, proscriptiye. political
organization in our midst, will hardly express
our views oft; as, if the opinion of an indi-
vldual partisan lawyer is to override that of
our highest court in this case, why may it not
as rightfully have the same authority over other
secret Inbound and "instructed ,, l,,o 8,
judges, In the jurybox? Or, in other words,
"hat need have we of the District of Columbia
Tor courts of law if their opinion not to weigh
feather with inferior judges, against that of
member of the bar, noted almost more than
any other man in this community for the yehe-
mence of his partisanship against those de-
frauded of their rights by the plots concocted
In Know Nothing councils, whose rights the
disregarded opinion of the court affirmed
As for the part which the corporation CONN.,
know Nothingism, We leave that to the iudc.
ment Of his fellow citizens. They know what
outraSes OF law, decency, proprioty and right
nave been perpetrated in this city, not only
In connection with the recent election. but
with the affairs Of the Washington Monument
Society, &c, and they doubtless also know to
what points to trace the Vaccinations, bring
ing as their result, such disgrace on this COM
munIty as never before marked its history.
In conclusion, we have only room to spread
before our readers the grounds on which the
counsel for the corporation of Washington adj
Vises his fellow members of Know Nothing
lodges on the election committee of the Board
OF Aldermen, to override the opinion of the
United States Circuit Court for this District
IN older to confirm in their seats his fellow
know Nothings illegally returned thereto:
But there remains another question, and one
VI VI exceeding nicely and difficulty. L do not
think there is great difficulty in the words of
the 9TH section of the Charter of IS4S. relative
10 the citizenship Of the person claiming to
vote, taken alone. But we must take this
aiso, In connection with the received construc.
ton OF the same words in the Charter of 1920:
and the Circuit Court has said, i'm the case of
Mackall VS. The Corporation of Georgetown,
.na' we may resort to that for the determine.
ton OF question of doubtful powers.
The words are, Every free white male eiti.
zen of the United States, who shall have at
tanned the age of twenty-one years. and shall
nave resided in the city of Washington on.
year, DC. Who is the person whose resi-
dence Is thus prescribed? Not cyery free
white male person-nor every free white male
reSlaent OF w ashlngtOn-or citizen of Wash.
ington-but every free white male citizen of
the United States. He must be. during tbe
whoie time, not only free-free white0frce
white male-free white male citizen-but he
must be a free white male citizen of the United
States. This is the clear grammatical con.
struction. WIN
1t may be said we would thus make an nm
Just discrimination between a native and ma.
suIanzed citizen, and Congress could not have
construction. But this not only begs the ones.
ton, but is not founded in sound reason A
natlv' could not acquire the right to vote I'M
less he had the residence prescribed nv tho
act 1t IS then putting them both precisely
on an equality. A foreigner, notwithstandin,
his declaration of intention, is still a foreigner
until ne Is naturalized. 1t is doing him no
tnJus.ee 70 say ne shall acquire the same right
oy residence which a native can acquire, but
no higher, or better, or earlier right
Inc grammatical construction and the rea-
IN OF the rule concur in giving this interpre
tation, that he must be a citizen of the limited
States for whole year next before he offers
to vote.
But the same words are used in the 9Th sec.
t uS OF the Charter of 1920; and under that
Charter, as L am informed and believe. the
vote of every naturalized citizen has been re.
celved, II his name appeared, as assessed, ON
the books OF the Corporation for the year end.
ing 5lst December next before the election.
The result of my inquiry is
L. mat no man Is entitled to vote, unless he |
was returned on the books Of the Corporation
during the year ending 3Ist December next
preceding the day of election, as subject to a
school tax for that year
z. That If he is so returned and has the 9TH
er qualifications, is native or naturalized bn
eeived. " w IL
regret tnat nave not had time to collate
all the passages in the Charter bearing On these
questions, or to refer to authorities. or even
carefully to revise the language of this opin-
ION. The argument, and the facts on which
II rests, and which are within the reach of the
committee, are but the abstract in mart of
what have lately had occasion to present in
the Circuit Court. They did not prevail there
ana you must take them for what they appear
to be worth. fF'"-
These views were deliberately overruled by
the court, as being unsound, Yet they are Set
up by his fellow Know Nothings on the cleo
ton committee, as Of more binding effect in
this community, than the action of the Court in
the premises.
The question remaining is {: Have we prac-
tlcally Judiciary here? Or are the rights of
all citizens of this District at the mercy of the
Higher Law of Know Nothing lodges in
our midst, in which such oatAs and obligations