The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-12-16
SATURDAY, December IA, 1878.

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SATURDAY, December IA, 1878. :,
SENATE.
y Lieutenant-G Governor WALKER in the
Chair. Prayer by Rev. Thomas l.. Pres
ton, D. D., OF the First Presbyterian
church. -
a number Of House bills were read and
referred.
Mr.. SprTLER from the Committee on Gen.
eral Laws, reported bill to allow the col
ored Baptist church at Liberty to borrow
money, &c.
Mr.. DANIEL, from the Committee for
Courts Of Justice, reported resolution IN
relation to the election OF circuit judges;
also. billto rearrange the judicial circuits,
the latter with the Recommendation that it
do not pass.
LEAVE OF ABSENCE.
On motion OF Mr.. SINCLAIR, Mr.. BROOKE
was granted two days. leave Of absence.
DILLs PASSED.
House bill to authorize the trustees OF the
colored Baptist church at Liberty to borrow
money and to execute deed OF trust on
said building. Is. -
House iointresolution in relation to the
terms OF office of certain judicial circuits.
son, OF Montgomery county.
House bill to incorporate the Planters
Savings Bank at Chatham, Va. n.
House bill to incorporate the Union Bridge
Company.
MISCELLANEOUS.
Mr.. PHLEGAR presented bill to amend
section 10 OF the act revising the criminal
laws, &c. Referred.
M n.
tons adopted by the County School Board
OF King George county, which were re-
ferred to the Committee on Education.
A number OF bills were advanced to their
engrossment and third reading.
Dir. DANIEL stated that Mr.. MARSHALL
had been detained from his seat by sick
ness, and asked that his absence be excused.
Agreed to. ." 80
By Mr.. PAUL: A resolution as to the ex-
pediency of amending the Constitution so
as to repeal the section requiring the pre-.
payment of the capitation tax Us prere-
quisite to voting.
The CHAIR decided that the resolution was
not in order, the subject having been dis
posed Of yesterday.
Mr.. FULKERsoN presented a resolution
that the Committee for Courts OF justice
inquire whether or not the constitutional
amendment and the act passed pursuant
thereto restricting the right Of suffrage is in
violation OF the conditions upon which the
State Of Virginia was admitted to represen-
tation in the Congress OF the United States.
MIR. SMITHS VIEW OF THE CASE.
Mr. SMITH, OF Nelson, moved to indefi-
ntely postpone the resolution, and said:
Mr.. President, the amendment to our con-
stitution which relates to the subject under
was put before the people I'M
der the auspices OF the Conservative party.
The author Of this resolution probably voted
for the amendment.
Mr.. FULIERsoN, interrupting, said he had
voted against it here and at his precinct,
where it was defeated.
Mr.. SMITH: am only sorry my friend
was in such bad company. "
II there ever was an amendment Of pre-
eminent Importance it is that which requires
a prepayment of the head-taX before voting.
1t secures to the intelligence and to the
Of all classes and colors
the control of public affairs: They are the
people who should rule and manage. The
was adopted by almost solid
white vote and many intelligent colored
votes. It is inexpedent to agtate this
question. The results have proven the
wisdom OF the act. And it is valuable
auxiliary to the free-school system, rs the
pol-tax is dedicated exclusively to that pur-
pose.
Mr.. FuLKERsoN asked if he (Mr. SMITH
knew how much more revenue this capita
tion-taX Amendment had broughtin.
Mr.. SMITH have not investigated that
question, as it is new one, and am not pre-
pared to answer, but comparatively small
account of money is involved. 1t is petty
and pitiiul in comparison with the other
great benefits flowing from 1.-THE sheet
anchor OF the virtue, intelligence, and pro-
perry OF the State. The persons disiran-
chised by it are generally thriftIess or in
to exercise the right OF freemen
at the polls.
MIR. PAUL addressed the Senate in favor OF
the resolution.
Dir. SMITH said, in reply, that similar
this being its twin. sister, had
been indefinitely postponed only few days
ago by an overwhelming majority. IL this
was referred to the committee designated
the result would be several conflicting re-
ports and flood OF spread-eagle speeches
till the end of the session. The gentleman
to my right (Mr. PAUL. will make minor
ityreport. Let him fight out his scheme
Let that committee, If so
inclined, report, and the matter will then
come up in a legitimate way. But it will
scotch this political snake, I predict. AS
now presented, it would be only the eX-
preston of the opinion of the Committee
for Courts OF Justice, for which I, however,
have the highest regard. But this is a grave
proposition, involving the constitutionality
Of tha fo,,rtaapth amaD6n,ont tn tho Fo6.
eral Constitution the reconstruction acts,
dietary, State,and Federal.
The Senator from Rockingham (Mr. PAUL.
argues that we would diminish our repre-
sentation in Congress by this requirement
OF prepayment of poll-taX. / thought every
senator knew that this amendment OF the
Virginia Constitution did not affect congress
sional representation. That is based solely
on population, There are many other pre-
requisites TO yote-twenty.on years OF age,
not lunatic, etc. Strange enough to say,
the Virginia Constitution allows paupers to
vote, which is the result Of military rule.
This amen dment depriyes them Of such
right unless they comply fully with its
terms of franchise, so just and impartial.
Mr.. SMITH read from the fifteenth amend
ment to the Federal Constitution, and, con-
tinuing, argued that its provisions settled
the constitutionality Of the question before
us. It reads "Tne right OF citizens shall
not be abridged because,e of: race. Color" dc.
This is, he said, the last amendment, and
was adopted long after the reconstruction
acts. and it applies alike to all citizens, with
out prejudice or harm to any. There are
MANY States throughout the Union which
REQUIRE the prepayment OF a head-taX to