The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1880-11-11
The oapitation Tax Restriction.


was bargained for, and clearly demonstrate
that it is not the dollar poll-tax for the sup
port of the public schools which the Bour-
bons want, but to disfranchise the poor
people of the State, and more particularly
the negroes. 1t was the negro that was the
objective point-the primary object Of as
sault, but to have the semblance OF respect
for perverted construction of the Consti-
tutional provision demanding that no dis
elimination as to race or color shall be
observed, the poor white man had to be
stricken down as well as the INDECENT ne
gro. The hollow pretence about the schools
support is exposed in the transactions re-
ferred to above. The amount fixed upon
by the State for the privilege of voting is
offered by the voter-it is really paid into
the treasury as certified to by Mr.. New
man, one of the Auditore clerks, yet mas
much as it increased the opposition vote to
Bourbon candidates, the contract is violated
by the State, yet the money is irreyocably
appropriated to the States benefit, and the
consideration the State agreed to render for
it-that of the privilege of voting.is refused
and the contract repudiated.
But to the case we have referred to. The
law provides that the Auditor may appoint
collectors whose compensation is to be fixed
in advance, and the amount agreed upon
by both the Auditor and Governor. Mr..
Massey, the Auditor, few days before the
election. appointed special collectors for
the capitation tax, but the Governor was
not in Richmond to consult about the
amount of pay to be allowed, and if he
had been there it is presumable he would
not have consented to anything Mr.. Mas
sey would have proposed, as the voters to
be qualified by the payment of the capt.
tation tax to the collectors, were expected.
at least a large majority OF them, to vote
for the Re.adjusters' congressional candi-
didates, and against Governor Holiday IS
pets. Upon the knowledge becoming cir
culated that the collectors had been APP
pointed by the auditor and were receiving
the tax in great numbers from citizens in
order to qualify themselves to vote. the
Bourbons applied to Judge Clopton, OF
Manchester, whose tine soon expires, for
an injunction restraining the commissioners
of election from receiving the votes of those
who had paid their capitation tax to these
rapidly communicated to every portion OF
| the State where the collectors had been
appointed. In Mr. fuckers district large
numbers of colored persons whose tax
had been paid to the collectors, and then
into the Treasury-thus satisfying the de-
mands of the State for the privilege of vot-
ing-were not allowed to vote, bet ause they
would have voted for Frazier. The same was
the case in the Richmond District, where a
number were deprived Of their votes by
the restraining order of Judge Clopton.
after they had paid to the State the price OF
vote, and numbers of others were pre-
vented from paying their poll-tax by the
knowledge of such order existing. OF
and Mr. Frazier has already served notice
that he will contest Mr.. fuckers right to
the certificate of election before the State
| Board of Canvassers, which is composed OF
three Re-adjusters and two Funders-a
kind of Returning Board with three to
two in sympathy with the outraged party
We care very little about the result OF
| these complications SO far as the candidates
| themselves are concerned. There is phase
of the matter, however, which interests
every law-abiding ahd fair-minded citizen
1t is the exposed design, well understood
before, but never in open day SO clearly
demonstrated-of the capitation tax restric
ton to violate the Constitution OF the
| United States. Heretofore it has been ar
gued that this restriction was necessary
spur to the poor citizen to pay his tax, as Z
means of supporting the public schools
from which he derives so much benefit. =
It was the money tina. the State wanted
"a necessity that existed in order to keep
up the public schools which called for che
creation and enforcement of this contract
and not purpose to deprive any one OF the
right to vote Here the State had received
the money-the citizen had complied will
his part of the bargain, and while the STATE
received and retained the money paid fol
the privilege Of otin "a judicial bubble was
resorted to for the express Intention o.
defrauding that citizen of the privilege he
had pur, hased and paid for.
This exhibit clearly establishes the ami
mus of the constitutional provision restrict
ing the voting privilege, aud as clearly
demonstrates the intention of the provision
to violate the Constitution Of the United
| Stat es. 1t was the design to deprive the
colored citizen Of the privilege of the bal
lot; that vas the instigating purpose, and
all the protestations and hair-splittiDg con-
! tortiOns of the law, cannot conceal it. 1t
was part, and an essen ial part of the
| scheme of the Democratic party to fasten
| itself upon the state, by DISTINGUISHING Re.
publican voters. and to do so, to disregard
damental law of the State. and ratified
at the polls by an overwhelming majority,
| 1t will be interesting to learn the result
of Mr.. Frazier's contest. If the palpable
intention of the Democratic party can be
cotton at, and we think it can, in the light
of the exposure involved in the order OF
Judge Clopton. and the rejection of ballots
of voters who had paid the ir poil-tax to the
collectors, it would not surprise us if both
Mr.. Frazier and Mr.. John S. Wise are given
the certificates of election. for such evident
fraud would necessarily vitiate the polls at
the voting places where the votes were re-
| jected. and throw them out of the count.
1t may, too, tend to judicial determine
tior i'll the Federal Courts, and nullify the
entire election in Virginia held ON the I'd
| of November for members of Congress and
Presidential electors. If case can be made
| up so as to get the question of the consti-
| tutionality of the poll-tax restriction before
the Federal Courts, we have very little
doubt of the result. The burthen of the
arpument of those who have advocated the