The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-02-05
aithnund 9ispattll.
SATURDAY. FEBRUARY 8, 1881
Apportionment Questlons.

The speech made by MI. cox On NC"
York, on wednesday last on the resppor
iionment OF representation IN The House o
REPRESENTATIVES and Kindred topics is on
Of me best which has been delivered In TIA
l,ody this session. aud the best We have see'
a, any time from Mr.. Cox himself. He ex
bau.is his subject. having thoroughly III
formed himself IS 10 every question IN
yolycd&n the discussion.
The portion OF bis speech most interesting
10 rs was that which related to the four
teenih amendment; because there are per
sons who contend that that provision of tn
Virginia Constitution which requires th
payment OF a cspilsiioD tax as a prerequisit
10 voting brings this State within The rang
Of The penalty prescribed in that amendmen
for abridgiug tie right OF suffrage. W.
don't think that II has ever been contehue'
by anybody In Virginia that the ac's OF ID
d,y.dual members OF the community coui'
be such as TO subject the state to iha' pena'
~; but there are among us some VINO sup
nose that the ac,ion Of the State Itself vii
have or has bad that effect.
The fourteenth amendment provides a.
follows:
Ent when the right 10 vote at any elec
tion for the choice OF electors OF President
ard Vice-President OF the United States
representatives in Congress, tue executive
and judicial officers Of state, or the mem
hers Of The Legislature thereof, Is deGled 'c
any OF the male inhabitants OF such stare
being twenty-one years OF age ana citlZ"h'
of the United States, or In any way
abridged, except for participation ID re-
bellion or other crime, the basis 81 repre-
sentalion therein shall be reduced IN the
pgOportiOn which the number OF such male
citizens shall bear 10 the whole number OF
ms!e citizens twenty-0ne years OF age IN
such STATE"
We have heretofore conieDded that II the
above language had in the beginning thS
meaning TO which we first above alluded II
ceased after The ratification OF the flteentii
amendment TO have any meaning or any
power TO operate the reduction OF state :
representaion: because the last amend
ment provides expressly that no person
shall be denied the right TO vote OF account
Of race, color, or previous condition %
seryilude; and so providing, renders the
first provision quoted OF no effect. ! he
rule OF construction, expreSSiO minus En-
CLASSIC est diteriuS. would seem to settle 1t
tDat when il is provided that man cannot
De dsfranchised for named cause, lie may
be disfranChsed for any other cause. Mr..
cox SAYS that Mr.. GARFIELD president
elec'j took this ground eleven years ago.
We quote from Mr.. Cox:
"On the l4'b Of December, 1869, General
G rtield, after showing that in 1860 there
were in fourteen States 1868 people to
whom the right OF suffrage was denied by
reason Of color or race, aud that the num-
her must have increased since 1860, Insisted
thii the representative basis OF these Tour
teen States would have been pr0pOrtiOn1te'
~ reduced 10y The fourteenth amendment.
Bot be held that II the fifteenth amend
mcni, forbiddng The denial or abTidgemeDt
Oi The rights OF citizens '0n account OF
race, color, or previous condition 0i seIyl-
tude,' should be adopted (as II was alter
wardJ. that there would be no such reduc.
ton. In view OF the difficulty, then. he
struck out OF his census bill all that refer
red to representation, deferring it TO
another time, which never came"
Mr.. Cox says that Mr.. GARFIELD after
wards expressed doubts on the subject; but
we think that his first opinion Is sound.
However this may be--and it is under the
circumstances now existing not important
Mr.. Cox shows clearly that the fourteenth
amendment was never intended 10 protect
ans body but the negroes. We cannot admit
for one moment that the requirement OF the
payment OF Il capilation tax as a prerequisite
10 voting is IN abridemento Of any body's right
TO vote. On the contrary, it l. an express
recognition OF every mans right TO vote who
VIII paw that tax, provided he is not other
wise disqualified. But Mr.. Cox brought the
TeductiO al dbSurdum 10 bear upon this
point, and ended discussion by saying:
mo one understood that it meant TO re
duce repI esentaiion, because States had
made regulations concerning the excl else OF
the right of voting, such as previous resi-
dcDce, registration, or taxation, which do
not absolutely deny or abridge voting. IL
was only understood TO apply to denial or
abridgment OF q class which had individual
aud fixed pecularltics inherent In the per
son, such as race, color. or nationality.
That this was the understanding OF C0u-
giess is apparent, when We recall that new
constitutions, as in Georgia, which required
registration and Il pOl.tax before voting,
were approved by Congress after this four
-,eenth amendment was part OF The Consii-
tuition. Why. II this be not 50, Pennsylva.
mia, which requires Il poll-laX, should have
no representation; for the right 10 vote
If every voter In the State Is thus abridged.
II this be not so, then State Is to be pun
i,bed for not allowing crazy people to vote. y
True enough. II the head.laX provision
il IN abridgmeut OF anybody's tight to
vote, then the right of every man ia Nir-
ginia 10 vote is abridged, and she is not en-.
titled TO even one representative in The
lower house OF Congress.
again II the right to vote Of those who
pay tie tax is not abridged, the right OF
those TO vote who do not pay 1t is no more
abridged. "That is certain which can be
rendered certain -; and So the man who
can acquire vote by paying one dollar q
year is not deprived Of The right TO vote il
Hc >uii Cuoo>t W Siaiui tuIJ Ilgnt. All Dt
bas to do is TO pay ms dollar to the Common.
wealth's collector.
II this lie not The correct view, then ouI
registration law Is an abridgment of the
right Of every man in Virginia TO vote, see
ing that no man is allowed TO vote who doe
not have his name registered. lie may bC
busy on registrationd9y and might thu
lose more than dollar by going to register
bis vote; or he may be sick; or he may b.
10 New York, or elsewhere, and unable, un