The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-07-16
Can the Legislatures Choose Fresh
Dental ElectOrsr

Hon. Frank Hurd, Democratic Congress
man from the Toledo (O) district was inter-
viewed few days ago by correspondent Ct
the Cincinnati Commercial, respecting the
right of state Legislatures to choose presi'
Dental electors He SAID;
"This plan is unconstitutional. am glad
YOU called my attention to 1t. nave been
thinking, since first saw the statement, OF
preparing reply that will settle il. lf,you
will excuse me | will go and write II OUT
he arose and went in search OF pen and INK,
and | strolled off in the grove to watch the
lake. and the babies; and the boys, and the
nretty pirts in lawn dresses and bright coIors.
Presently Frank returned and handed me
this statement: -. :.
papers that the Republican legislatures IN
the states where there are Republican COVER
nors might be convened to choose electo S.
This could have been done before the adop-
ton of the fourteenth amendment, but
those who maintain this proposition now have
strangely overlooked the provisions OF that
article. The second section evidently requires
that the presidential electors shall be chosen
et AN election at which IL male citizens be-
iog twenty-one years of age and citizens OF
the United States, and not disqualified for
participating in rebellion or other cause,
should have the opportunity OF voting, II
the rioht to vote at such election should be
denied to any of the said citizens described
in that section, the penalty is the reduction Ct
the basis of representation in the proportion
which the number of such male citizens shall
hear to the whole number of male clcizens
twenty.one years of age in such state: in
other words, if half Of tn male cilizens
twenty-one years of age are denied the right
to vote for presidential electors by the leg
stature of u state, the representation OF that
state in the electoral college will be dimin-
ished one half If the legislature choose the
electors ITSELF the right to vote for presden-
tai electors is thereby denied to every male
citizen twenty-one years Of age. Consequent
" the state will deprive itself of all represen-
tstion in the electoral. college. If the Re.
publican governors and legislatures should
thus attempt to dsfranchse the people of the
state. they will do so with their eyes open to
the result, which will inevitably be the loss
by their state of their electoral votes in the
coming presidential election.
81 have no doubt that the senate and
house of representatives will refuse to count
the votes Of any electors who have been
chosen by the legislature of the state. The
result will, therefore, be an easy victory for
the Democratic party, a victory which will
be the more distasteful to the Republicans
because of their resort to unconstitutional
methods to prevent it."
he said: "Rllnember, d. not say tina. the
legislatures of the state have II t power by
law to provide for the election of electors by
congressional districts, but New York is the
only state in which they can do this and gain
anything"
land don't you think" asked, "if they Go
this in New York it will be confession of
defeat, and the moral effect on the country
will be such that the Democrats would carry
0hiO"
Il do"
The following section Of the fourteenth
amendment Of the constitution in full Ii
WAS proposed TO the legislatures of the sever
81 states by congress, June Is, 1866, and was
declared adopted July q, 1865;
"Sec.on 2. Representatives shall DO appor-
toned among the several states sccording to
their respective numbers, counting the whole
number of persons in each state, excluding
Indians not taxed. But when the right to
vote at any election for the choice of electors
for president and vice president of the United
States, representatives in congress, the execu-
tive and judicial officers of a state, or the
members of the legislature thereof, is denied
to any male inhabitants of such state being
twenty-one years of age and citizens of tho
United States or in any way abridged, except
for participation in rebellion, or other crime
the basis of representation therein shall be
reducedi 10 the proportion which the number
of such male citizens shall bear to the Whole
number OF male citizens twenty-one years Of
age in such stste!"