New national era. [volume] (Washington, D.C.) 1870-1874, 1873-03-06
The Lexington Election Case.


| The parties arrested for participation in the
election outrages at Lexington, Kentucky
nave all been held for trial before the United
states District Court, at the October term
we make the following extracts from Hon
John NJ. Harian's SUNNI .ng up for the prose.
cution, as reported in the Louisville Com.
merciai:
by the enforcement law. an offer by a
voter to perform any act which was made a
prerequisite to voting was, If that offer was
refused, TO be deemed equivalent to perform
ance. And when the voter rendered to the
officer OF election his affidavit, stating that he
rad made such Offer, it Is made the duty o,
the officer to admit the vote, and if be
wrongfuliy refuse or omit" to do so, be be.
came liable to the penalty prescribed. 1t ap.
pears that moro than O thousand colored
voters, In person and by ageut, offered to pay
the captaton tax required, as Is claimed. bv
the amendment charter of 1870, and the Col.
iector refused to accept payment, except upon
the condition that he should apply ali taxes
paid, first to the discharge Of back taxes, in
GUIDING all back property taxes; thus, In eff
iect, requiring the payment Of property tax
as prerequisite to vote, when even the
amended charter only required a capitation
tax. Besides, the Collector would saw he
could not receive taxes from any one unless
ne was assessed. Aud when an attempt was
made, after the LIST Of January, to see the
Assessor, ne had the smallpox, and the vel.
low dag was Tying from his house; although
there was ample power to provide him with
assistants, the Democratic officials refused to
provide such assistants. The Assessor re-.
manned in doors, on account of his sickness,
until after January 18th, which was the last
day on which taxes could be paid, as a quail
lication t. vote. Thus were the doors de.
i,oerate!y closed against all efforts to have
the colored people assessed between January
lat and 18th. Gen. H. commended that capt.
tation tax could not be required unless 1t had
been assessed. If the officers of the law
failed to assess, the voter could not be re-
CURED to pay the tax before voting, because
even the amended charter only required the
payment Of the tax assessed by the city,"
The law is SO plainly to that effect that no
one can fairly give 1t different construction.
BESIDES, said Gen. H., there could be no as.
sessmcnt of capitation tax until the Coun-
Gil had levied 1t. The amended charter Of
1870 gives tho City Council power and au-
thority TO levy a capitation tax not exceeding
Sl.5U. But until that power Is exercised
there can be no such tax to be assessed or
collected. Power to levy tax Is not an
actual levy. No capitation tax was levied
BY Council for 1870 and 1871. The record
book OF the Council shows no such levy. 1t
10 not pretended that any such order was ever
made. Nor, said Gen. H., was any such
levy made in 1879. But here, said he, Is pre-.
sented the most extraordinary fact which
ever was developed In the history Of any
municipal body. When large amounts of
capitation taxes were presented for colored
voters on the 18th Of January, the Collector
insisted that they must first be assessed be.
fore he could receive them. At that very
moment there was no order upon the record
books Of the Council showing that any capt.
tation tax had been levied for the year 1872.
But twelve days after that, and Just three
days before the election, that Is, on January
81, 1872, the Council met in close communion,
at an unusual hour, when, by order then
madc, the Clerk pf the Council was ordered
to interline or aid to the minutes of April
p, 1879, so as to mako it appear that cap
itation tax for 1872 was then levied! And
the excuse Tor this extraordinary proceeding
was that the levy for 1873 was made in April.
1872, but, by mistake. not entered. And
yet, said General Harlan, no human being
has appeared in this case who has been will
ing to say, under oath, that capitation tax
had been levied 10 April, 1872, for that year,
or that he was present at any meeting Of the
Council when any such levy had been Or
dered. Major Johnson drew the minutes of
January 81, 1873, but he did not say that he
had any recollection Of a levy made in April,
1872. Here, then, said Gen. H., we find the
record book OF the Council altered and mu-
tiated, Just before an election, so as to make
valid the previous unauthorized and illegal
assumption that the citizen was bound to pay
capitation tax for 1872.
General Harlan then proceeded to show,
by reference to authorities, that ut all elec-
tons OF officers of towns and cities every
voter who possesses the constitutional quail
hcations has right to vote. The new con-
stitution intended to introduce the great idea
Of popular elections. Its provisions indicate
what officers arc to be elected or what class
are to be appointed. AS to the officers which
the Constitution authorizes to be appointed,
they must be selected in the mode prescribed
in the Constitution, or where no mode Is pre-
scribed, they may be selected in such mode
and by such voters as the Legislature may
prescribe. But where tho Constitution re-
quires an officer TO be 'elected," it means an
election by those who possess the qualiaca-
tons prescribed In the Constitution. The
Legislature cannot add to those qualiHca-
tons, or disquallty any persons who have
these qualifications. Clearly tho members
of the City Council Of Lexington must be
elected" In the sense In which that word is
used In the Constitution. If the Legislature
cen say that no person can vote at such cleo
tlon unless he first pays a capitation tax,
then they can allow only such persons to
vote at such election as may be worth s2O,-
600. or 1t could allow only persons Of forty
years of age and upward to vote. Where
such power would lead in reference to
elections" Of officers, who are required 10
be elected" all will understand. Gen. H.
referred to the case Of Speed and Worthing-
ton VS.. Crawford in Met. In support Of
these views; also to Cooley's Constitutional
Limitations, aud to judicial decisions In yari-
Gus States.
In 1859 the Democrats repealed tho cap,.
tatlon tax In Lexington, for the purpose, as
Is aVowed, to keep them in power. And after
1t bad slept for eleven years the same men
revived that tax for the purpose, as is also
avowed, TO keep them in power.
Men who ruthlessly trample upon the right
OF suffrage must take care that they stand
upon the selid foundations Of the law, other.
wise let them meet the consequences.
Gen. Harlan reviewed all the facts proven
in the cause, and demonstrated that a most
outrageous conspiracy was formed In Lexing.
ton to prevent, hinder, or delay the colored
voters from exercising their uDdoubtsd right
to vote. 1t was impossible to doubt j.. The
proof was overwhelming that such was the
purpose, and such was the intended result of
all these contriyances to defeat a fair and