Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1870-02-24

ted in the new constitution, at first
struck us iavorably; but after con-
sidering it more carefully we ar
rived at the conclusion that it is
an unwise provision. We are
not an advocate of such demo-
cratic constitution as would re-
ouire all officers to be elected by |
the people but we are an advo-
cate of such an elective system as
shall be independent, and placed
far from corrupting influences,
Have we such system prof
fered us? The provision de-
clares that "there shall be no quail
i6cation attached to the right of
suffrage, except that each voter
shall give to the judges of election,
when he offers to vote, satisfactory
evidence that he has paid the poll
taxes for such preceding period as
the Legislature shall prescribe, and
at such time as may be prescribed by
idaO, without which his vote can
not be received" By this, every
person is disfranchised until con
ditions precedent are complied
with the compliance only enfran-
chises him for one year-until the
next poll tax is due. Every one
goes to the ballot-box with the pre-
sumption disqualification against
him, which must be removed by
satisfactory evidence" to the con-
trary. We hoped that presump-
tons of disqualification for the ex-
ercise of the elective franchise had
ended with the close of the Radi-
cal party in Tennessee. Can we
not learn wisdom from the folly
that doomed radiealism =? But the
presumption, at the ballot: box, is
against US, and how are we to re-
move it? BY giving satisfactory
evidence" that our poll taxes are
paid-not for the preceding year
only, nor tor the two, three or five
but "for such preceding period
as the Legislature shall prescribe. "
What that is to be we can only
conjecture. Bat is this all 4? No.
no. The poll taxes must be paid
lat such time as may be prescribed
by law, without which his vote
cannot be received" Nothing
equivocal--no ambiguity. The
supreme law of the State requires
you to purchase your right to vote,
and to purchase ''Gt such time as
may be prescribed by law" else you
are pTecluded, and that too for
ever; or until the organic law is
changed, for no Legislature could
remove your disability as long as
the fundamental law imposed it.
The time is as much a condition
precedent as the payment; and
you would be as effectually pre-
cluded by a failure to command
the time as from failure to COM
mand the money with which to
pay. Then the constitution hav-
ing declared that your vote "can-
not be received" unless you paid
your poll tax within certain pre-
scribed time, and that time having
passed, no means under the con-
stitution are left by which you
might be relieved. Now bear in
mind that every twelve month you
must renew your REIMBURSEMENT,
punctually, within the prescribed
time, or you will lose your most
sacred Political privilege. and you
will begin to perceive by what An
uncertain tenure you would hold
your privilege to vote.
Again we assert that from the
phraseology, the time is as much a
condition as the payment, else why
the second condition. 1t either.
means something, or it does not.
We take the former for granted,
inasmuch as we would not pre-
sumo that a convention of able
men would add clear and dis
tinct, meaningless condition. Now
the first condition substantially
that no one shall vote till his poll
tax is paid efectually precludes
person from voting till that tax is
paid. The second qualities the
first in same manner. 1t does not
lessen the rigor of the law under
the first condition, because the
word "and," by which the two are
connected, precludes such an idea,
and shows that something is adj
ded. Then the first condition be- !
ing bar till the taxes are paid,
the second adding to the first can
not, in reason, mean less as ap-
piled to time, than the first when
applied to payment; and as in the
first, payment must be made before
you can vote, as in the second, the
time must be complied with or you
cannot vote; consequently if you
permit the time to pass unimprov-
ed, you permit the privilege OF vo-
ting to pass with it; and as one
cannot be recalled, so the other de-
pendent on it, cannot.
But give the provision a very