Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-05-20
ELECTION LAW FOR WASHINGTON CITY.

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Speech Of Hon. III. w. Davis, or MARYLAND,
IN the Houss Of Representatives, MAY Is. 1856.
on the bill defaing The duties of Commiss;orsrs
ef Elections :" t4s city Of Washington, and
for ether purposes
asa [coNcLupED.1
Mr.. JONES Of Tennessee The act Of l84s.
q To continue, alter and amend the charter of the
city Of Warrington" provides that said Corpora.
ton shall have power to lay and collect a school
tar ON every free male citizen Of the age of TWEEN.
ty-one yeare, Of one dollSr per annnm
Mr.. DAVIS am aware Of that but Il was
not the hw TO which referred
Mr.. JONES. That act gives the Corporation
the authority to lay the schooltax.
Mr.. DAVIS ! am aware of that There Ii
likewise general authority to tax every inhabi.
tant;. bat that isnot the question I desire to
meet the honorable gentlemen On the law that he
has quoted. Citizen Of whatY If citizen of the
United States, then the honorable gentleman i,'
right If citizen of Washington, then the court
is right. The gentleman will abide by the judp-
ubsnt Of thu seass, svsr 70 which be Sishss "a
turn the commissioners.
Mr.. JONES. say that If the court decide
that under that law the city authorities Of Wash
ington have power to tax alien, an unnatural.
izeed foreigner, though be may have been here for
three score years and ten, then it makes an erro-
neous decision.
I Mr.. DAVIS. ] have no doubt that chat is nv
honorable friends opinion. But we are legislating
to make the opinion of the court the iac His
pains and penalties are unmeaning, unless con-
nected with the decision Of the court. This bill
Ii unrDeaning to everybody, unless taken In con-
necton with that decision. The decision of the
court, however enoneous is, for practical pur-
poses, the truth Ii is the thing which gives life
to the gentleman's pains and penalties. Hear the
decision itself:
"Ihe Naturalization Qusstion.--The opinion Of
the court in this case was yesterday pronounced
by Judge Dunlop, who recited the points In the
controversy and reviewed the arguments adduced
by counsel. He decided, firstly that ifrcsidence
as a citizen year previous to the election had
been intended to be required by the charter to
qualify person to vote, it would have been 80 ex
pressed in that instrument; but that such a re-
quirement would be the extension of the prcba
tionary residence of one desiring ctizenshpa year
beyond the time called for by the law on the sub
ject. 1t was held to be the true construction of
the charter, that IL the person il subject to the
school tax and a resident, he has right to vote.
As to whether the petitioner was entitled to
be enrolled by the assessors as liable to school
tax, that depends on the second section of the
charter, which says that sthe said Corporation
shall have power to lay and collect school tax on
every free white male citizen of the age Of twenty
one years and upwards In the fifth section Of
the charter it Is required to qualify man to vote
that he must be free white male citizen of the
United States but in the second section (which
gives the Corporation power to lay and collect
school tax it Ia stated that he must be free white
male citizen, emitting the words of the United
States.' A foreigner, without being citizen of
the United States, may be citizen of Washing
ton. n
In relation to the school tax, every child be.
tween .dve and sixtecn years OF age has right of
admission into the public schools, whether q
child Of an alien or naturalized citizen. The for
eigner who resides in the city Of Washington Il
subject to the school tax; and, as the petitioner
admits that he was subject to the school tax on
the 3lst of December last, 1t was the duty of the
assessors to register his name, which they have
failed to do.
I'm the case of O. s. allach, last year before the
court it was held that where the party was entitled
to be registered but the assessors had omitted his
name, he should not be deprived Of his right to
vote on producing the proper proof to the COM
missioners Of elections. The mandamus now ap-
piled for is to compel the Register to enter the
name of the applicant the list but the list hav-
ing passed out of the hands Of the Assessor, by
whom 1t was made, is now in the hands Of the
commissioners of election. They are the parties
to be controlled but this court could not operate
upon them by mandamus. They are quasi judg
es, and are sworn to decide the qualification Of
voters according to their judgment and the law.
Their duties not ministerial.
''Judge Morsell spoke briefly and only as to the
want Of Jurisdiction Of the court, on which point
he fully concurred with the opinion expressed by
Judge Dunlop"
Mr.. JONES. It is an erroneous decision.
Mr.. DAVIS. Erroneous it may be, but to DO
put in force.
Mr.. JONES. l will, with the permission OF the
gentleman, state that the court which gives that
opinion will have no Jurisdiction Of the case under
this bill--the criminal, and not the circuit court,
will have that Jurisdiction.
Mr.. DAVIS. And the gentleman wishes to
legslate on the hopeful speculation of difference
OF opinion between Two coordinate tribunals In
the same district, and with no better protection
than that donbt against subjecting his fellow cit.
zens, for of Judgment Of law, to pains and
penalties, to iail and fine. IL is mockery of all
law and yet for being triae more careful Of the
rights of fellow citizens, gentlemen are here
now threatening us with scenes of bloodshed and
murder, unless this law Is passed. l am willing
to enter calmly and deliberately into the discus
sion Of any bill offered by my friends on the other
side of the House. l have protested against this
combined effort Of both sides of the House to force
bills through; l have uncovered the pitfall into
which gentlemen were walking blindfolded, rsshly,
and thougbtlessly, In an attempt to get political
advantage. Let them now, with their eyes open,
jump in, II they desire it. l think bonesty
confess it-they did not know il involved all those
consequences; perhaps they did not care enough
10 think about it. It shows what may be accom-
plished by the previous question, under which the
honorable chairman of the Committee for the Dis.
trict Of Columbia chose to force the blu on the
House. II shows how this gag-law may be made
to operate Tt shows how the two wings of the
Jeffersonian Republican school carry out the prin
ciples OF that great expounder of fee principles.
It shows how naturally these long-diyided, but
now happily branches Of the Jefferson fam.
ily move, as by some pre-estabshed sympathy
when object Is be attained, and reason Is tobe
bound down and mems tongues are TO be tied