The Daily clarion., 1878-01-16

III r to amend Scctioa Itlo Cooo VI 'sai'
!, rsference to attachments. 90 not pass
and t,,e bin was indefinitely postponed,
RI r. 70 amend section 267O, Coue OF 4o4 L, I
do not pass, indefinitely postponed.
TT. B. i'm regard to injunction Donos, ao
not mass. Mr.. Dabney moved TO taoie'
Carried. q
THE RIGHTS OF VOTERS
Mr.. Tucker. from the Judiciary Commit
tee, submitted the following report:
tee. TO which was referred the resolutions
adopted by this House on the ~ IN Gay oI
January. 1873, instructing said comm .ttee
tn INQUIRE whether it is within the consltu,
lional powers OF che Legislature ~ pc,
the Dresent registration law OF this otale,
and to make the pay yment of poll-taX an
essential condition and the poll-taX receipt
pri,aa facie evidence of the right OF ANY
qualified elector TO vote, anu Wnetler tiis
change canybe made without submit ing 70
the people at the next general electioh an
amendment to the Constitution, has con
sidered the same, and report as follows:
That the Legislature has the power 10
repeal or amend the present registration
laws of the State, and to substitute therelor
any other registration law not inconsistent
with the second anG third sections Of article
z, of the Constitution OF the State, but that
it has not the power to require OF any 9th
erwise qualified elector as condition pre-
| cedent 10 the exercise of the right OF sur
nor to substitute the poll-tax receipt as the
| evidence of his right to vote for The regis
| tration OF the voter.
| The Constitution of the State, article 7,
section 3, provides as follows:
| The Legislature shall provide by law for
the registration of all persons entitled to
vote at any election, and all persons entitled
| to register shall take and subscribe the fol-
| lowing oath or Affirmation
sI do solemnly swear (or
affirm.) in the presence of Almighty God
that L 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
| Missi sipp, and will bear true faith and
allegiance to the same-sO help me God"
| By this section it is made the duty of the
Legislature TO provide by legislative enact
| ment for the registration OF 'all persons"
who nnder the Constitution are entitled to
vote at any election--and there are two
things requisite: First, that all persons
| must before they exercise the right of suf-
frage be registered under some registration
law carrying out the provisions OF the Con-
stltution including the administration OF
lhe oath prescribed therein, and, second,
such registration law must receive the right
of suffrage to all persons entitled under the
| Constitution to vote at any election.
If We look t. the second SECTION of said
Article VII, we find it provides:
"All male inhabitants IS ofthIs State (except
idiots and insane persons and Indians
not taXed) citizens of the United States or
naturaiiZed twenty-one years old and up
wards who have resided in this State six
months and in the county one month next
precedi3g the day of election at which said
inhabitant offers to vote, and who are duly
registered according to the requirements OF
section three of this article, and who are
not disqualified by reason of any crime,
are declared to be qualified electors"
From this section it is apparent that the
voter must be registered and that every male
inhabtant Except idiots, insane persons
and Indians not taXed) who is a native born
or naturalized citizen of the Unitel States,
twenty-one years Cd who has resided in
the State six months and the county one
month preceding the election, and who has
not been convicted of an infamous crime, is
entitled to vote at any election and hence
: must be registered.
To attempt to abrogate all registration
laws and to substitute therefor the pay
ment of the poll tax, and to make the poll
tax receipt even the prinad facis evidence oil
the right to vote would violate the Con-
stitution in two particulars.
First, it would be inconsistent with the
second and third sections of the seventh
article, which clearly contem plate and ne
cessitate the registration OF the voters
Second, it would take away the right tC
vote from those who are otherwise qualified
(by coming within the description of persons
defined in the second section,) i'm case thev
had not also paid their poll tax. This would
be in effect to add another to the qualitica
tions of the voter. prescribed by sale
second section This the Legislature has
no power TO do.
Judge Cooley, in his valuable work or
Constitutional Limitations, star page Ga
speaking of the construction of consttu-
tiOnS, saws:
"Another rule of construction is thai
when the Constitution defines the circum-
stances under which right may be exer-
csed. or penalty imposed the specification
is an implied prohibition against legislative
, interference to add to the condition or &c
, extend the penalty to other eases. On this
grou:d it has been held by the Supreme
Court of Maryland that where the Constitu.
ton defined the qualifications of an off eer
it was not in the power of the Legislature
to change or super-add to them, unless the
, power so to do was expressly or by neces-
sary implication conferred by the Constitu-
ton itself" And in note three thereto, Sc
the Legislature cannot add to the constitu-
tional qualifications of voters" The Ge-
cded cases sustain this pos tion
This committee is clearly of the opinion
tina. the payment of the poll tax cannot be
made a prerequisite to the RIG hit to vote ex-
cept by amending the Constitution in one
of the ways provided, tO-wit: either bv sub
mltting an amendment to the people, or by
constitutional convention
By Mr.. Dabney- a concurrent resolution
for joint session on Wednesday, January
30, 1878, at IL O'Clock, to elect a Superin-
tendent OF the Penitentiary. Adopted.
At 2 O'Clock, the House adjourned.