National Republican., 1883-01-05


dutyT If the state puts that great franchise
up for sale at 81, is there not some excuse for
the voter when he has bought his vote of the
state for 81 to sell It at So?
can have but little doubt that all men, Of
whatever class Of political thought, will agree
with me as to the propriety of the changes
have indicated in the law requiring the assess
ment and collection of the pSll tax.
lt win be seen at once that by such n mode
OF assessing and collecting the poll tax, if the
law stops here every poll-tax payer would
be DISTINGUISHED because the third article of
the amendments TO the constitution makes
the payment Of state and county tax within
two years prerequisite qualification for
voting, except as therein provided There
fore the legislature must go farther, aud,
undor the provisions of the same article of
the constitution, exempt by law such citi-
zens as are assessed a poll tax only by towns
and cities, from any state or comfy taxa
ton" Being so exempt by law, such citizens
would be within the exemption of the same
article of the amendments, which is in these
words:
And also every citizen, who shall be by law
exempted from taxation. who shall be In all other
respects qualified as above mentioned, shall have
q right to vote in such election of governor. lieu
tenant governor, senators, and representatives"
IL is quite true that somo vague opinions
have obtained without investigation of the
subject; that under our constitution a state
or county tax must be paid to enable the
citizen to vote, and so it must be, unless the
citizen is exempted by law from paying such
tax. But II seems to me to be quite clear us
proposition of constitution law, that If the
poll-tax payer is exempted by law from tax
ation--i e., state and county taxation being
the only taxation mentioned in that article,
or elsewhere in tho constitution-ho being
otherwise qualified, such citizen has by the
very terms of the constitution u right to vote.
We might como to that happy condition
when from licenses and other indirect taxa
tion, our state and county expenses being
paid, we should not require to levy either
state or county tax upon the citizen or his
property. This is already done in part In
such case would any one claim that whero no
tax was levied at all there were no voters in
Massachusetts, all being dislranchsed under
the first clause Of Article 1II2
Suppose the Legislature should enact thatno
state or 'county taxes should be levied in
given year, as it may do, and hope with due
economy in state and county expenditures at
some time will do, would such "a law operate
as u disiranchisement of all our voters or an
exemption of our citizens from taxation?
am most fully persuaded that all patriotic
men will agree with me in the desirabiity, at
as early day as possible, of establishing free
suffrage to all citizens with proper guards
against frauds in its exercise, in Massachu-
setts which makes its free institutions its
proudest boast, if it can be done without vio-
lation of any inhibition of the constitution.
If there should be doubt as to the constitu-
tionality of the proposition have made, this
much desired end can be obtained by another
legal method which has been twice decided
by the supreme court Of the state to be con-
stitutional
At the time of the enactment of the third
article of the constitution in regard to suf-
frage, it had been the habit of our fathers in
the annual tax act, which was then the
method of authorizing the assessment of
taxes, to exempt by law from taxation classes
of persons, such MS ministers of tho gospel,
instructors in public seminarics, and the like
persons to whom such exceptions had been
granted by law, "as one mode of making up
their compensation for services"
Let, therefore, nominal poll tax for state
purposes be assessed as now on the polls of
the citizens, and then if any citizen chooses
to pay il, by doing his duty as citizen by
voting let that act bo discharge and pay
ment of such tax.
That would be payment "in kind" by
the freeman doing his duty rs our fathers re-
quired him to do it, by fning him if he did
not attend town meeting, as we have already
seen.
This construction of the constitution has
been twice passed upon by the supreme court. I
One of the opinions says:
Although this class of persons exempted by law
has been diminished by succeeding legislation,
in this respect.
In other words the constitution, by the ex-
cepton in the third article, which / have
already quoted put it In the power of the leg
isature to say what classes of persons should
be exempted from state and county taxation
in consideration of their employment or posi-
tion in life as tho legislature could exempt
from military and jury duty, which is n tan
upon all citizens, such citizens as, for reasons
controlling the legislative Judgment, seemed
to it proper
May | be permitted, respectfully but firmly,
TO impress upon you the very great necessity
for this changer Free suffrage is n right and
immunity guaranteed by the constitution of
the United States, and enforced by penalty
upon any state that shall refuse it to citizen
of the United State who is also citizen of
that state.
The fourteenth article of the amendments
declares:
No state shall make or enforce any law which
shall abrdgG the privileges aud immunties of
citizen Of the United States, nor deny to any per-
son within its Jurisdiction the equal protection of
its laws.
Is not the right to give his vote in the cleo
tion of his rulers, and in the enactment of
the laws which shall govern him, by every
theory of our government, one of the "privi- |
leges and immunities of q citizen Of the
United States he complying with all laws
regulating tho exercise of that immunity and
privilege WHICH CNtenu 10 AL unkeE
In practice, does not II property or tax quail |
fication upon the voter bear unequally and un-
justly upon him ? If II small sum be made
prerequisite, then, with perfect parity of rea-
soning, large sum may be imposed, which
would put this franchise Of freedom in the
hands of the few only, who can then say, as
the Roman captain answered to the apostle,
With a great sum obtained this freedom;"
and no Paul can proudly reply, "But L was
free born" 4"
If any should doubt whether tho right of
voting is one of the privileges and immuni- |
ties " secured by the first section of the four
teenth article of the constitution, let him read
the second section of the same article:
&c But when the right to vote at any election for
the choice of electors for president and vice pres
ident of the United States, representatives. In con-
gress the executive and judicial officers Of state
or the legislature thereof is denied TO amy OF tho
male inhubjtNnts of such state being twenty-one /
years of years of age and ciIzens thereof or in |
any way abridged, except for participation in re. !
be lion or other crimes the bnas OF representation
shall be reduced In the proportion which the !
number of such male citizens shall bear TO the /
whole number Of such citizens twenty.one years |
of Age In such state"
The second section thus puts penalty, I. e.,
tho loss of representation in congress- upon |
any state which shall in any way abridgo the |
right of citizen of tho United States twenty |
one years of age and upwards to vote show |
ing conclusiVely that voting is one of the |
privileges and .immunites which tho first |
section declares no state shall make or enforce |
any law TO abridge.
Passing by the undisputed question of its /
business, let me advert to another considera-