Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-01-26
The Fourteenth Amendment.

I &c, Is lot accurate. Ane NOnnN
United States, in all its parts, is " the supreme
iar" Of the land, binding upon Congress- the
Executive Department, Census Bureau IN
c,uded.) the States and the people. But 1t "
rue that Congress made no provision By statute
/ FIR taking the suifrsce statistics, and that was
IN the mind of the editor of the FREE Press. On
thst uoint have to say that such provision
Was surrested in the Senate, as an smendment'o
/ the census bill of the House, whereupon II was
,diudred by the Senate that no such provision
was necessary that the Census Bureau would
he hound to execute the fourteenth amendment
in abort, thai the amendment itself was sii the
law that was necessary. On that high authority
| The Census Bureau scted, and do not see how
| the Executive could have permitted 1t 10 40
/ otherwise The Constitution required II, anu
,he Pre.iient was under oath to observe that
/ Constitution. conclude therelpon that there
,gas ample and legal authority, the highest
/ authority, indeed, for the work, whether the
work has been well done or motor not as wei
done as the population statistics, do not know;
but the objection to it by Mr.. Kerr that II has
includsd persons who ought not to have been IN
cl,ie5 even the idiots and the insane Of In
di.na-is to me proof, so far as it gOes' that the
work mas been yell done. l think it was not
the business Of the Secretary Of the In
terior-or Of his subordinate, the Su-
rarintendent Of the census, to limit the four
tenth amendment by any interpretations Of
theirs but on the contrary, their duty was to
eaumerate all the perrons Who came within the
literal meaning Of the article, and to state the
reason assigned for the exclusion of'eve ciass
Of persous enumerated in each State. Ihese
were the facis wanted and with these facts be-
fore them. i, vas for the two bodies Of Congress
to give an Interpretation to the amendment Ana
to ftsme the Apportionment Bill accordingly
Instead of that the House has neglected its duty
II has in hot haste rushed through an Appcr-
,ioDnent Bil. whose title should be " An IN
constitutions Repeal of the Fourteenth Amend
nent of the Constitution of the United States. y
The argument Of Mr.. Kerr was fair one, when
directed to the question precedent to the sppor-
tionment. that is What is the true represents
tive population of each State according to the
constitution But it was not fair or reasonable,
or re,peetful to his cath Of ofice to attempt to
mske thst argument defense for violating the
constitution. lam sare the editor Of the FREE
Psrss will rec the distinction between these
two things. Snd regret that he has even seemed
IN eoun,ensnce worse than old fashioned nullih-
cation. since that wss professedy based upon
the constitution.
l hsve ssii Mr.. Kcrr's argument IS '' far
one on the question Of Interpretation but l
90 not think it conclusive or satisfactory. To
admit that State may require property quail
fcation, Or literary qualification. and exclude
suy body from the right Of sufrage for non
complsnce. without suffering for it in the sp
portionment will make it easy for every South
ern state to exclude the poor whites and blacks
and resurreot the oil status Of serfdom
for the many and tyranny in the few.
Tbey would have to put the quAlhcahon
only 20 high tbst the mass Of the persons hsSe
indicated could not reach It, and thus defeas the
verv purpose Of the fourteenth amendment 90
ifa State we're to require TIE payment OF
speeial tar, the same objection would exist
will suggest, however, that the rule Of Georgia.
as to the non-psyment Of taxes, il not special
but applies to every freeman; and moreover non
payment Is not perpetual exclusion from the
right Of suffrage, but only from the right to vote
for the uear in which the taxes remain unpaid.
The rule Of Pennsylvania was even more LIBERAL
to white freemen :" know no. whether the
word =. white - has been repealed but II II has
not been. that State is clearly under the ban OF
.te fourteenth amendment, and ought to be
nuuisbe5. Further, think every State requires /
some term Of residence, and Oh On cath 60
probably there restrictions may perhaps be fairly
counted cut, as not being included in the amend |
ment 1t would be well, perhaps, to regard resi-
dence, an oath, and the payment Of 3 tax IS
really the proofs Of citizenship, which Is every
where requisite precedent to the right Of soi'
frage.
Another suggestion, IS 70 The principle Of the /
fourteenth amendment Sec. > of art. requires
tb,t q. the electors " Of members Of the U. 5
House Of Representatives " in each State shall
have the qualifications requisite for electors Of
the most numerous branch Of the State Legisla-
turs." Now. if any State chooses to limit the
number Of persons having the power to elect Re
is it not clearly consistent and
right 10 limit their Representatives. by the same
rule9 IfNew York shall choose to confde the
election Of her Representatives to an oigaEehy
Of millionaires, would prefer that the number
CT their Representatives should be sonleThst less
than one-ninth part Of the HouEe.
Another suggestion still, Of d fact: taking
the report Of the Census Bureau On suffrage sta
tistios list IS it is, the representation Of single
sts,e il not affected by it, snd the House sppor-
tionment bill might as well have been N con
formitg to the fourteenth amendment, as in
rotation Of il. The House bill is apparently a
crime withou, a purpose. If there is lurking
under it purpose to dishonor the fourteenth
amendment, ami strip the emancipated slsyes Of
4 shield sg,iust practical Reinstatement and de
radiation. that bill was and is one Of the worst
# crimes. 2. P.w.