Wilmington daily gazette., 1873-01-08
DAILY GAZETTE.
NESS AGE OF GOVERNOR PONDER.
GcoNcLUDED.1


dy may be provided against their repetition In
the future.
cannot, however, az the executive of the
state, withhold the expression of regret at the
unWarrauted assumption of power by Congress
IN the enactment Ofthe law under which these
proceedings were had. From the formation Of
the Union until the enactment Of this law no
sucn claim OF power for Congress was ever prac-
tlcally aslerted The right of the States to select
their own officials, and to regulate their actions
without any Federalsupervision, had never been
denied, and for more than three-quarters Of |
century that right had been exercised by this |
State without Federal interference. This assum.
cd power OF Congress to interfere in such local
affairs is pFedicated upon the recent amendments
to the Constitution but it would be forced /
conatruction of these amendments, and certainly
FAR more than was claimed by their advocates /
before they were engraftedupo the fundamental L
law, that would warrant power so adverse to the |
theory ofthe government, as well "a to all the |
rights otthe States over their own domestic af i
fairs Ifthe 14th Amendment conGersupon Con. /
gress the fearful power assumed in the enactment
OF the Law under which these indictments were l
found, is difficult to find limit to its authori-
~. There is but one step between the exercise |
OF Federal supervisory power over the officers of
the State aud the power to appoint them, and at |
no distant day 1t may be found that the exercise
ofthe one suggests, iii does not necessitate the
other. IL isto be regretted that one by one the /
safeguards Of liberty are disa 1earing ia rapid
succession, and the limitations upon Federal au-
thoEity DO weakened or disregArded as to form |
but afeeble defence against consolidated despot-
ism. Bat regrets are Vain and protests are una
vailing. The strides Of Federal power are un-
stayed, und its portentious shadow casts gloomy
PaIl over the future history ofthe country.
To ptOtect the public officers Of the State
from prosecution IN the Federal courts under
the act cf Congress referred to, for the manner
in which they discharge the duties imposed
upon than by the laws Of the State, an act
should be passed by the General Assembly
limiting and defining their duties, and prescrib.
ing the mode in which they should be discharg.
cd. Such Law should direct the assessors Of
each hundred to place upon the assessment list
the name of every person liable to pay tax, that
he knows 10 have fixed place of abode in the
hundred or who sthe owner CT taxable prop
ery therein, and should prohibit him from
placing the name OF any other perEOn on his
assessment lists unless upon the personal appli-
cation Of persons desiring to be assessed and
satisfactory proof Of his or her identity and
residenPe in the hundred where he or she de-
sires to be assessed, and he should be required to
give notice. alAt present, that he will attend, at
the place and time prescribed by law, to correct
errors In and add TO his lists the names of per
sons omitted, upon proof as aforesaid of their
right ID be- assessed. The list thus corrected
after being retained to the Levy Courts Of the
c1untias, should not be by them altered by the
addition OF any name thereto, except upon the
personal application Of any person who may
have been left of, and satisfactory proof that the
person 20 applying is entitled to be assessed.
The duties OF Collectors should likewise be
clearly defined. They should be required,
after the expiration of a certain time, to give
notice of of the time and places when and
where they will attend for the purpose of re-
ce1Ving and receipting for taxes upon their
duplicates remaining unpaid. II after such
notice given and opportunity afforded, any
person fails to appear and pay his or her tax,
the collector should not be required to make
futher effort to collect tho same, but shoHld
be ct liberty to return such persOu delinquent,
and the name OF such delinquent should
thereupOn be stricken from the assessment
tor the hundred. and should not be again
placed thereon for a period TO be fixed BY law,
To guard against the possibility of frauds
the Collector should not be required to delivel
the receipt for any tax to any person Othel
than the party assessed. This would, to con
siderable extent prevent peFs0nating and
voting under assumed names.
Laws such as IhaVe Indicated would secure
to all persons equally the means Of Qualifying
aSeleGtOrs by becoming assessed and paying
their taxes. II any person should be OmitteG
within the time prescribed for such payment
the fault WOuld be so clearly his own that h
could not complain. While such laws woulC
thus secure to every one the right to qualify
as an elector, they would at the same time
protest. the officers Of the atate, having dutie
70 peFfOrm in connection with the asSessmen
and Collection Of taxes. from prosecution in tn
FedGlal courts, By clearly defining and lmitni
the dhues TINS 70 be performed.
RESIDENCE.
also recommend to the Legislature the enact
mentof q law defining clearly what shal
constitute Q legal residence emitting any ont
% q right 10 vOto, and the evidence by whicl
residence shall be established. In my Judge
ment the existing provisions of law, on tbi
subject are too vague and uncertain, and leaV
too nuch to the discretion Of those who's
duty lt may be to pass on questions OF th
kind arising under the provision of the fOurt
article Of the constitution OF the State.
The acts Of q person, and not his intantiOT
furnish the true rule by which to determine
his rlsldenee; the former are facts susceptlbl
0f pEBOf, the later can only be establshe
the HartY himself. II y certain that man
psrs1ns now vote In this State who have n
actnhl residences In the county and hundre
where they claim the right 70 vote, II, lndee
they have any actual residence In the Stat
Having no Axed abode In the hundred (
county, and tTausactlng no business, an
perfbrmlug no labor therein, they claim u
right and are permitted 70 vote on no Oths
ground than having once resided there. sue
peEsbns say thalthey have determined, In the
own mind, % yqgard i as their resldenc
noklIl hatandlnQ theiR absence therefrOm
m0uths e time, and their actual ehgag
merits Ii bnEs1os8 o. service In another cOul
~ Of ano1haE State. Thus an act Of the mir
Is made the test Of their right to vote. IL
donhtful AZ least. whether nT0uaF interpret