National Republican. (Washington City (D.C.)) 1872-1888, 1879-03-27
POLL-TAN IN THE SOUTH.

III 1t is not perfectly plain to the reader
of the Constitution of the United States
that tax ON the right to vote is an abridg-
ment Of the right, he can aid his under
standing by applying to the language of
the Fourteenth amendment the logic of
ChieC-Justice MARSHALL, in the case of
WESTON VS.. The City of Charleston, when
delivering the opinion of the Supreme
Court, fifty-one years ago. on the right of
the State to tax the contracts of the United
States, and of Chief-Justice CHASE in af-
frming the doctrine of MARSHALL, when
delivering the opinion of the court against
the power Of State to tax United States
stocks, bonds, certificates of indebtedness,
or Treasury notes. (See New York bank cases
Nos. 2i6, 24S, and 252, December term,
1861 1t was decided in these suits that
| the State could not tax, directly or indi-
rectly, the contracts of the General
indebtedness-not even the capital of
a bank, its private property, when
invested in United States bonds or Treas
ury notes, because it was considered that
the tax, however inconsiderble, was n bur-
den on the operations OF ths General Gov
ernment; and .hat IS the right ef State to
tax them were admitted, it would operate
as q restraint on the right of the General
Government to maintain its credit and per-
| haps its own existence. If it could have been
shown in these cases that a State tax was
not burden on, or in any way an abridg-
ment of, the powers of the General Govern
meDt, the court would have admitted the
right of the State to impose the tax.
Hence, il is clear that the true question
before the court was Did the tax imposed
operate as an abridgment of any right pos
seSsed by the General Government? And
the court decided the question in the al-
firmative. So it is u settled question, that
when there is right, tax imposed on the
exercise of that right is an abridgment of
the right to the extent Of the tax so i'm
posed. If the Fourteenth constitu-
,onal amendment be construed by
the principle laid down in these
cases, and affirmed and reaflirmcd
in many Others, it cannot be doubted that
n poll-tax is an abridgment of n right to
vote, where its payment is made prere-
quisite therefor. And whether such a quail
ification for voting, rs payment of poll-tax
is valid depends on the constitution of the
State in which it has been prescribed. If
scribe such restriction of the franchise, it
may well be questioned whether the Leg
islature has the right to prescribe it. II
the citizen has grant of the right to vote
without such restriction-as no doubt he
has by the organic law Of most States, per-
haps of every State-the grant of the right
is incompatible with any restraint of legis-
lation not clearly authorized by the State
constitution The right to tax the
citizen one dollar us qualification
for voting implies the right to
make that tax ST 600 or $4,000 Hence it
may well be doubted that legislative re-
quirement to pay poll-tax as n qualification
for voting is constitutional in any State, un-
r less it is expressly authorized by organic
law. That it is against the theory Of repub-
lican government is too plain for argument
, Poll-tax has not abridged the right of vot-
ing to any extent in the Northern States
f because the poorer classes in those States
are not so utterly poverty-stricken as to be
!, unable to pay it; and if there are any
p voters there too poor to obtain tax receipts
7 the political party to which they belong
finds the funds for such purpose. But in
! the Southern States the poll-tax is dis.
franchisement of 40 per cent. of the voting
population at least, because they are too
f poor to pay the tax, and because they
are Republicans. No sophistry or assertion
can blind the man of ordinary intelligence t.
the fact that the colored vote of the Soutl
would he solid for the Republican party i
the colored voters were permitted to exercis
f the franchise as freely as it is exercised il
: the North They numbered in the late rebe
f States at the ninth census 1s70) abou
: s10118, against 1,292,797 white males o
Z voting age, which included 12s,0S7 whit
II persons of foreign birth. SO that, givin
. the whites credit for all persons of foreig
n birth included as Of voting age, the colore
p vote now disiTanchised is about 30 per cen
1 of the whole voting population, Under tn
n appOrtionment which went into effect Marc
" 4, 1910, maze OIL lnC DuSlS vi LHe pOpulullO
r. tables of the ninth census, these late rebC
y States were allowed .seventy-six Represent
!. atiyes in Congress, Therefore, as 80 pc
q cent. of their voting population has bee
II abridged Of their right TO vote b.
Il the operation of State laws, not I" fC
- participation in the rebellion
v other crime" but because of their poverty
j. and their loyalty during the rebellion an
q adherence to the principles of the party tina
!. saved the country aud branded, by il
If amendment to the organic law, rebellion q
= "crime,n like percentage should
Is stricken off the representation of the Sout
n in Congress. But If Congress would appl
a the penalty which the oath OF its member
y to support the Constitution requires TO
% enforced, the rebel delegation in Congre'
:. from the South would be cut down TO forty
Is seven members at most as the thousands {
u poor white Republicans in that part of til
M Union are not considered in this estimate
reduction; aud it would cut of thirty nil
l. | votes from the South for President an