The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-01-23

vote at any electiOn-and there are twu
things requisite: First, that all persons
must before they exercise the tight of suf-
| frage be registered under some registration
law carrying out the provisions OF the Con-
| stItution including the administration oil
the 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 TO the second section of said
Article VII. we find it provides:
| ~All male Inhabitants OfthIs State Except
| idiots and insane persons and Indians
not taxed citizens Of the United States or
naturalized twenty-One years old and up
/ wards who have resided in this State six
months and in the county one month next
| preceding 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 10 be qualified electors"
From this section it is apparent that the
voter must be registered and that every male
inhabiEant lexcept idiots, insane persons
and Indians not taxed) who is a native born
| or naturalized citizen Of the United 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 priDsa fdcie evidence of
the right to vote would violate the Con-
sututiOn in two particulars.
First, it would be Inconsistent with the
second and third sections of the seventh
article. which clearly contemplate and ne
cessitate the registration of the voters.
Second, 1t would take away the right to
vote FROM those who are otherwise qualified
Thy coming within the de criptiOn OF persons
defined in the second section,) in case they
had not also paid their poll tax. This would
be in effect to add another to the qualitica-
tons 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 81,
speaking of the construction of constitu-
tions, saws:
"Another rule of construction is that
when the Constitution defines the circum-
stances under which a right may be exer-
eised. or penalty imposed, the specification
is an implied prohibition against legislative
interference to add to the condition or TO
extend the penalty to other eases. On this
grOu3d it has been held by the Supreme
Court of MARYLAND that where the Constitu-
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-
ClOn ITSELF. anu III note GnFee thereto, 90
the Legislature cannot add to the censtitu-
tional qualifications of voters" The &C.
cided cases sustain this position.
This committee is clearly of the opinion
that the payment of the poll tax cannot be
made prerequisite to the right to vote, ex-
cept by amending the Constitution in one
of the ways provided, to-wit: either by sub
mItting an amendment to the people, or by
constitutional convention.
By Mr.. Dabney- A concurrent resolution
for joint session on Wednesday, January
80, 1878, at II O'Clock, TO elect a Superin-
tendent OF the Penitentiary., Adopted.
At O'Clock, the House adjourned.