New national era. [volume] (Washington, D.C.) 1870-1874, 1873-02-20

yiolators Of law and justice, VIC recapitulate
the facts more in detail than we yet have
done. From full history Of the case, which
we find in one Of our exchanges, we learn
that as early as 1869, 1t was known that there
was quite large Republican majority in Lex
ington-a majority that could not be over
come by any fair means. Accordingly the
Democratic city council set to work to con-
coct plan for DISTINGUISHING as many of the
colored voters as possible. An amendment
20 the charter was drafted providing that a
captation tax not exceeding one dollar and a
half might be assessed each year by the COM
mon council upon each male citizen; and
that no person should be permitted to vote in
any municipal election unless he had paid the
capitation tax for that year. The Demo-
cratic State Legislature promptly passed this
bill Previous to the recent election, COM
mittee Of Republicans went before the city
council and asked whether the council meant
to demand payment Of the tax for the year
1872 only, or payment of all back taxes.
Thereupon the council passed an ordinance
declaring that "all past taxes" both capita
ton and all other city taxes, must be paid
before any person would DC allowed to vote
This was plainly contrary to both the consti
tuition and the charter, and every way ille-
gal. Beside, il required all past taxes reach
ing back even before the charter was
amended. The Republican leaders con-
suited, and resolved, although they believed
the whole thing unconstitutional, to put
themselves plainly on the safe side. Ac-
cordngly lists were made out of every Re-
publican voter, with the amount Of capita
ton taxes due and unpaid since the amend
ment to the charter was passed in 1870,
being the captatiOn taxes for 1870, 1871 =,
and 1872.
These lists, with the full amount Of the
money, in legal tender, were offered to the
city collector, during the legal Office hours,
at his office, and within the time prescribed
by law. The tender of payment in each case ,cas
made before acanessss, and in compliance with
every legal form. The collector refused TO re-
ceiee the payments rendered, making various ex-
cuses, but principally that all taxes, and not
alone the capitation tax, should be paid.
He refused to receive the capitation tax when
it was legally rendered to him. The Ken
Ftucky Gazette, the Democratic organ of the
place, boosted that it was the intention of
the city council to keep possession Of the city
government, and show the Republicans that
Lexington would be and should be governed
by white men.
In selecting the judges and inspectors of
election, the Democratic city managers made
a most extraordinary choice. Not a single
one Of the entire lot is worth cent. None
of them has any property to satisfy any fine,
or pay the costs of any suit, such as the suits
now commenced against them But the
United States courts, when a fine is imposed,
shut the party up in Jail until it is paid. Be-
side, the city council, and other responsible
parties, may be prosecuted, and will be, pro-
badly, for conspiracy.
A few days before the election, the coun-
Gil, contrary to law, and without any author
ity, suddenly reduced the number of voting
places from nine to four, and fixed the four
in centres Of Democratic districts. A large
number of extra police were put on duty, and
armed with muskets belonging to the State
militia, to Overawe opposition. About t'co
thousand Republicans scere thus refused the right
to rote, although they had offered the money
TO pay their capitation taxes, because the city
collector refused to receive the money.
The act to enforce the right Of citizens Of
the United States to vote in the several
States of this Union, approved May 81, 1870,
appears to clearly cover the Lexington case.
Section one declares that all citizens shall be
equally entitled to vote, without distinction
of race or color, in spite of any State law.
Section two provides that if, by the law Of
any State, ''any act is required to be done as
a prerequisite or qualification for voting" it
shall be the duty Of the officials to give all
citizens ian equal opportunity to perform
such prerequisite ;" and any discrimination
against any class shall be punished by fine
or Imprisonment, or both. Section three
provides that every person may offer to vote,
who has offered to perform the prerequisite
for voting; and if any election officer rejects
such a vote, he shall be punished by fine or
Imprisonment, or both. Section four covers
the entire common council and city govern
ment Of Lexington. 1t provides that, if any
person "shall combine and confederate with
Others to hinder, delay, prevent, or obstruct
any citizen from doing any act required to be
done to qualify him to vote, or from voting at
any election" he shall be punished by fine
or imprisonment, or both. There are various
other sections Of the law touching the case.
Section twenty-three provides for ousting any
person holding an Office obtained by abridg-
in. the right Of suffrage.
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