Daily Republican., 1881-04-07

wh;rh a poor man has earned ny the
sweat of his bfDw--the fortune which
rj,.h mau has inherited from his ances-
tnrs-stand on the sane rock, and are
surrounded aud protected by the same
barrier. Invested for comfort and ~ |
surancr against want in sickness or old
ugr, or cherished a. n provision for
widow or orphan after he is gone, II is II
right which il is despotiSm to take from
except Tor the necessary purposes OF
government by equal and jnst taxation.
! II /. none the less 50 II il be the act OF
| thr hYdrn.hraded monster a numerical
majority, or that OF a single autocrat.
| II Is the Soiemn duty OF the judiciary,
under our Constitution, TO guard and
protect this right of property, as well
| from indirect attacks under any pre-
tex, Us from open and palpab!e inNa-
| sion.
have ,hvS sir, brought to the attcn-
ton of this House the opinions OF elni-
nent mra, showing that it is beyond the
| legitimate power Of this legislature to
impose upon portion OF people a tax
which should rest upon the whole.
! But, sir, there isanOthcr ground upon
| which iu my Judgment, the act OF
1878 is cleurly unconstitutional. Thht
act abridgnS the right OF citizens 10 vote
os r,iaranta,h by the Constitution ol
this StnrA The Constitution OF thiS
| Stat. provides that every ire" white
| male citizen, Of the age OF - wears or
onward, having resided III this state
for one year nnAt before an election and
III, last month in the county where he
Ia, ,,riy within two
! wears paid rornty tax when shal'
have brnn a~,eSS,'d ut least SlN months
before the election, shall enjoy the rlght
of an a,ertOr." Does this mean that n
ritizrn shall have the right TO vote, or
uu,lity hinl4'l 10 vote, in only one OF
/ these two years, " hrn it provides that
if he has paid Il county tax within the
SPACE Of two years he shall enjoy the
rinht OF an electro" Why, sir, com
mon ren,a rUnStruction answers that
!, Question. Tho Constitution manlttStly
intended that the citizen should have
the right 10 pay Il TAX in either of The
two years and, paying tax, quaIify
himself to vote.
When that Constitution was adopted
our system Of taxation was SubStan'lai-
, ly the same ~ at present. we had an
nupl taxes laid from year 10 y'ar Is
II poSsiblnthat any reasonable human
being 20 n read that provision and then
assert that The Constitution meant to
permi; the lrgi stature of this State to
"nnrt |hch law a. should deprive
citizen OF the. right 70 pay taA IN one
oi' thD1o two years ! believe not, Alr'
But, sir ii, any question remains III
the mind OF any man after reading that
provision, it can be very speedily re-
, moved ! hold in my hand sir, work
containing the debates in the conStihu'
tional convention which ordained the
constitution from which | have been
, reading, aud in this work II Will bt
found that tho reason why the constitu'
tiuual provision mentions two years IN
stead OF QUO WA that by restricting the
citizen to one yrar il might operate t'
his prrjudic" in his right 10 vote.
John VI. clayton. than whom ] con,
criyr no nblrr man was eyer produced
lin this Statn, in discussing the report OF
the committee which limited the pay
, ment of q tax 10 one wear instead
of two said that "there was another
part Of that report which, he thought
|
irxclidrs all from voting who have moi
, paid tax within one year. ii" pre-
sumel this was through hinadNcrtanCc
and that the committee had, fOllowin!
the train Of ideas produced by chang
inr the term' of residence from tive
{ years to one, through tnadNcrtanr'
changed the time within which ta>
= must be paid to qualify man 10 vote
: from two years to one
It might be that very good mel
might nrglectto pay thrir tax within
wear and thus lose their votes. 1t nigh,
b. that collector might be so forgettu
OF his duty, uS not 10 give them an op
portunity, to pay their tax in time Il
vote. He therefore moved TO strike on
, one year' and insert two y ears.
"Juiy" Hall thought no possible in
convenience could result from requir'
ing each man 10 pay his tax in the yeal
in which it was due. As the term o
residence had been changed from tw,
wears to one, it was continuation o
the idea 10 require the payMent Of th'
/ tax within Il year preceding the clcc
: ton
"Mr. Clayton replied that many citi
f zcns depended on paying their tax "t
} the day of election. On that day The
, collector might be absent, from sick
ness, from accident or perhaps from de
| sim, and thereby drive hundreds from
tho poils. IT. would b. well, if w
could, to make each man pay his taNr'
within thG year; but we nigh thereby
drive away many valuable voters.
"Thc amcuhmrnt proposed by Mr.
Clayton, was adopted"
Is it possible, with the phrascology o
/ this provision before us, with the ms
f tory of its enactment before us, tOl
any member Of this body to dispute thu
proposition that the constitution, i'll re
trrring to two years, meant 10 secure
the right of the citizen 10 vote EpOn til,
, payment Of IA tax i'll either 0f thoS'
! years and meant that he should have
both years in which to pay the tax?
: How then does the act of 1873 stan,
| the test Of the constitution, cOpStruC
by its terms and the history ofitS @nact
. gent Does it not abridge the right OF
the citizens to vote, cut him down 10 one
from two years, throw impedimeEts in
tn way, restrict him in the exercise OF
hif rights? IL it not calculated to de.
Stay tho right Of the citizens to vote ?
Nnlnan is within reach of my voice
whu can deny that this is the operation
of the act Of 1873. Then, is it constitp-
tional" Now sir, upon this point and
in conclusion, desire to refer the House
to n few very reliable authorities.
Judge Cooley, in his work on "Consi-
tutionsI Limitations" legal writer of
acknowledged ability, says:
GAN regulations of the elective fran
chise mast be reasonable, uniform and
impartial they mast not have for their
purpose directly or indirectly to deny
or ahridge the Constitutional right of
: citizens to vote, or necessarily impede
it's exercise il they do, they must be
I declared void"
The supreme Court of Ohio in Monroe,
ET-AL, vs.. Collins, II Ohio, 665, says !;
"What the Legislature cannot do direct