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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 194   View pdf image (33K)
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194
that no man should be required as a condition
precedent to the exercise of the elective fran-
chise, to pay a tax for the enjoyment of that
franchise.
Mr. MILLER. Will the gentleman refer to
the section of the Constitution from which he
has just read ?
Mr. NEGLEY. I am upon the definition of
the word "poll;" and I don't care whether
it is in the Constitution or where it is It is
in the debates here, and it shows the meaning
they attached to the word, and that is all the
argument was for. If they used it in debate
or anywhere, it shows conclusively the mean-
ing which the men who framed the Constitu-
tion attached to that word. It means a vot-
ing tax, and nothing else. It can mean noth-
ing else. It was in that. sense that the term
was used by the framers of the Constitution,
Mr. PUGH, Will the gentleman permit me
to ask him, when the term "poll-evil" is ap-
plied to a certain disease of horses, what is
the meaning of the word ' ' poll ' ' in that case ?
Mr. NEGLEY. I suppose it means head, just
as in the old English the word "villain"
meant "servant," whereas now it means any-
thing else but a servant.
Mr. GREENE. In Massachusetts the poll-tax
applies to minors of 18 years, who are as-
sessed by the poll. I would ask my friend if
the payment of that conferred aright to vote.
Mr. PUGH. I was about to state that in
Virginia a poll tax is levied upon persons 16
year, of age and upon negro slaves also.
Mr. NEGLEY. If they levied it upon infants
in their nurse's arms, it would not affect the
meaning of the word at all as used in this old
Constitution of Maryland. It was used here
as a synonym for voting; and you cannot put
into that sentence any other word and make
sense of it, while if you supply the word
vote, it shows exactly what they meant. It
is just as plain as human reason can make it,
Mr. JONES, of Somerset. The gentleman is
perfectly right that it was used in that sense
there; but they used it in an entirely different
sense in this clause of the bill of rights. The
same word very frequently means very oppo-
site things.
Mr. NEGLEY. That may be. A difference
of time of course changes the meaning of
words. They used the term then as a syno-
nym for "vote," and I defy the gentleman
from Somerset, or any other gentleman, by
any stretch of construction, to make it mean
anything else. And it shows conclusively
the idea which the framers of the Constitution
of Maryland attached to the word "poll" in
connection with this tax,
Mr. DUVALL, In some places we have a
very objectionable animal called "pole-cat. '
I would inquire whether the word "pole '
there means " vote."
Mr. NEGLEY. I know very little about the
natural history of the animal to which the
gentleman refers. Perhaps there are more of
them in the county where he lives than in my
county. But I am satisfied of this, that the
anathema of the framers of the constitution
of 1776 upon the poll tax as grievous and op-
pressive, was intended to apply to a voting
tax. That is the ground upon which I am
opposed to it. I suggested to my friend from
Allegany this morning that I would adopt
his proposition if so modified as to meet my
views; if, for instance, he would attach to
the end of it this provision; " provided that
no poll tax which is grievous and oppressive
shall be imposed as a qualification for the
exercise of the right of suffrage." If he
would put in that provision, I would take
the rest of the article; but unless that is done
1 am against all alteration. I believe this
article is sufficiently clear, sufficiently lucid,
and it forever inhibits the Legislature of
Maryland from doing this very thing, impo-
sing a tax upon the right of suffrage.
Mr. SCOTT. The amendment before us is
better for the gentleman's purposes than the
one he proposes. He proposes that no poll
tax shall be imposed which is grievous and
oppressive, leaving it to be delined what is
grievous and oppressive. But the amend-
ment before us cuts it off entirely, and says
none shall be laid.
Mr. NEGLEY. No capitation tax.
Mr. SCOTT. Well, that is the same thing.
We know exactly what that means. It re-
quires no defining, whereas the words be
proposes would be subject to misconstruction
eternally.
Mr, PUGH. In verification of what I have
said of the poll tax, that it is not recognized
by the States where it has been established
as meaning anything else than what it really
means in English, a capitation tax, I will
read from the Constitution of Virginia :
"ART. 3. Qualification of Voters. 1. Every
white male citizen of the commonwealth, of
the age of twenty-one years, who has been a
resident of the State for two years, and of
the county, city or town where he offers to
vote for twelve months next preceeding an
election, and no other person, shall be quali-
fied to vote" &c,
" Taxation and Finance.—Every slave who
has attained the age of twelve years shall be
assessed with a tax equal to and not exceeding
that assessed on land of the value of $300."
"A capitation tax, equal to the tax assessed
on land of the value of $200, shall be levied
on every white male inhabitant who has at-
tained the age of twenty-one years, and one
equal moiety of the capitation tax upon white
persons, shall be applied to the purposes of
education in primary and free schools,' '&c.
Every slave is taxed by this capitation tax;
and of course he can not vote.
Mr. DENNIS. I trust I have as much re-
gard and veneration for ancient things as my
from Prince. George's. But my veneration
and regard for ancient things extends only to


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 194   View pdf image (33K)
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