Vicksburg weekly herald., 1878-01-18

interesting RePOFt In she LeEIss
luFe In Regard 80 lhe Repeal
OrGhe RegistraGlOa Laws.
| Mr.. Tucker, from the Judiciary Com
mittee, submitted the following re.
| port:
Mr.. SPEAKER-The Judiciary Com
millee, to which was referred the res.
olulions adopted by this House on the
lOh day Of January, 1878, ins'ructing
said committee 10 inquire whether II
is within the Constitutional power Of
the Legislature to repeal the present
registration law Of this State, and to
make the pay ment Of poll.tax an
essential condition and the poll.lax re-.
ceipt prima fAcie evidence Of the right
of any qualified eleclor 10 vote, aud
Whelber this change can be made with.
out submitting to the people at the
next general election an amendment to
the Constitution, has considered the
same, aud report as follows:
That the Legislature has the power
20 repeal or amend the presen, regis.
tration laws OF the State, and to substi-
tula therefor any other registration law
not inconsistent with the second and
third sections Of Article 7 Of the Cousll-
tuition Of the State, but that it has not
I the power 10 require OF any otherwise
qualified elecior rs condition prece-
dent 10 the exercise OF the right of suf-
frage that he shall have paid his poll.
tax, nor 10 substitute the poll.lAx re.
ceipt as the evidence OF his right to
vote for the registration of tho voter,
The Constitution of the State, AT.
licle 7, section 3,provides as follows:
The Legislature shall provide BY law
/ for the registration Of all persons entl.
tied 10 vote at any election, and oil per.
sons entitled 10 register shall take and
subscribe The following oath or afiirma.
lion:
"I--, do solemnly swear Or
affirm in the presence Of Almighty
God, that am twenty-one years old,
| that have resided in this State six
months and In - county one
month that ! will faithfully support
and obey the Constitution and laws OF
the United States, and Of the State Of
Mississippi, aud viii bear true faith
and allegiance to the same-so help me
God"
By this section it is made the duty
OF the Legislature 10 provide by legis-
lative enactment for the registration oil
"all persons" who, under the ConStiu-
tion are entitled TO vote al any election
and there are two things requisite :
First, that all persons must, before they
exercise the right OF gu frage, be regis.
tered under some registration law car.
rying out the provisions Of the Consli-
tuition, including the administration Of
the oath prescribed therein; and, sec.
ond, such registration law must
give the right Of suffrage to all per.
sons entitled, under the Constitution, to
vote atsny election.
II we look 10 the second section oi
said Article VII, we find it provides:
"All male inhablants Of this State
except idiots and insane persons and
Indians not taxed, citizens Of the
United States or naturaliz3d, twenty
one years old and upwards, vino have
resided in this State six months, and In
the county one month next preceding
the day of the election, at which said
inhabitant offers 10 vote, and who arc
duly registered according 10 the re.
quirementR OF Section 3 OF this Article
and who are not disqualified by reason
Of any crime, are declared 10 be quail.
I fed electors"
From this Section 1t is apparent that
the voter must be registered, and that
every male inhabitaut except idiots
insane persons, and Indians not taxed
. who is native born or naturalized cit
izen Of the United States, twenly.one
years old, who has resided In the State
six months, and the county one month
preceding the election, aud who ha,
no; been convicted OF all inllmou.
> crime, il entitled 10 vote a. any rlac
ton, and hence must be registered,
( To attemp. 10 abrogate all registra
) ton lAws and 10 substitute therefor the
paymen, Of the poll tax, aud TO make
the pol. tax receip: even the prma
iacie evidence OF the right to vote,
. would violate The Constitution Ia two
particulars.
, First. Il would be inconsisten, wish
the second and third scctious OF the
. seventh article, which clearly contem.
plate snd le;essitaie the registration Of
the voters.
Second. Il would take away the right
, 10 vote from those who are otherwise
qualified by coming within tho de.
scription Of persons defined in the sec.
ond section in case they had not paid
their poll tax. This would be in effect
. 10 add another TO the qualifications Of
the voter, prescribed by said second
section. This the Legislature has no
power TO do.
Judge Cooley, in his valuable work
on Constitutional Limitations, star
page "a, speaking Of the construction OF
Constitutions, says:
Another rule OF construction is that
E when The Constitution defines tho cir.
cumstances under which fright may be
exercised, or q penalty imposed, the
speculation is sn implied prohibition
: a2sin.; legislative interference to add