The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-04-14
T he Municipal Elections-Is it Necessary
for Voters to Pay g Capitntion Tax!

The question has been asked whether a
citizen, otherwise qualified, who does not
pay his capitation tax, or other city taxes
to the amount of two dollars, can vote at
the Charleston municipal elections; and the
following reasons are given to prove that
no payment of capitation tax, or any other
tax, is now necessary TO make a qualified
voter:
l. At all elections held in the Southern
States until those States are readmitted to
representation in Congress, all persons are
entitled to vote who have been registered as
qualified voters by the Boards of Regis
tration.
In section six of the original Reconstruc-
ton act, there are the following words:
"Until the people of said rebel States shall
be by law admitted to representation in the
Congress o. the United States, any civil
governments which may exist therein shall
be deemed provisional only. + and
in all elections to any Office under such
provisional governments all persons shall be
entitled to vote, and none others, who are
entitled to vote under the provisions Of the
fifth section of this act" This is clear
enough, and the use of the word provisional
in reference to the elections, after defni-
ton has been given of what is "a provis-
ional government" shows that it is the in
tention of the act to give the privilege of
voting at ali elections held before the South
ern States are admitted to representation in
Congress, TO all who were qualified under
section FIVE. This fifth section gives the
voting privilege to all men twenty-one years
of age citizens of the State, except such as
may be disfranchised for participation in
the rebellion or for felony at common law.
The first supplemental act, however,
changed the qualification of these voters BY
requiring all of them to take what is known
as the registration oath, so that the sixth
section of the original act, as amended by
subsequent legislation, gives the right Of
voting at all elections to ali persons who
are registered qualified voters. Nor does
this privilege cease when the new Recon-
struction Constitution is framed, adopted
and submitted to Congress. The civil gov
ernments in the Southern States are pro-
visional until the States are admitted to rep
resentaticr in Congress, and until that ad-
mission ts,kes place all registered voters
have the right to vote at all elections in the
Southern States, whether the conventions
be held or not, aud whether the constitu-
tions be accepted or rejected. When the
Southern States are readmitted to repre-
sentation the paramount authority of Con-
gress will cease and then the qualification
of voters will be determined by the State
constitutions alone.
.. But if the acts of Congress are not
considered binding, it is not necessary to
pay capitation tax to qualify to vote under
the constitution lately manufactured in this
city.
1t was proposed in convention that poll
tax be levied upon every male citizen for
educational purposes, and that all persons
who did not pay this poll tax should be dis
franchised. This d;sfranchising clause was
not carried, and, to decide the matter, a
section was added TO Article VIII, as fol-
lows:
"The General Assembly shall never pass
any law chat will deprive any of the ciIi-
Gems of this State of the right of suffrage,
except for treason, murder, robbery, Or
dueliing, whereof the persons shall have
been duly tried and convicted
This would be sufficient, because city
holding its powers from the State would
not be allowed to exercise an authority
which the State itself did not possess, and
because it would be an absurlity TO allow
man 70 be disfranchised in this city for not
paying capi,ation tax Of t"o dollars,
when The convention had ordained that no
,crson should be disfranchised except for
crime. But there is q statement even
clearer than this. The seventh section OF
the ordinance of the convention Ito pro-
vile Tor the ratification Of the constitution