The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1890-08-30
REPORT OF JUDICIARY COMMITTEE.

The Judiciary Committee made the
following report, which was ordered
printed aud laid on the table subject to
lhe order of the Convention:
The committee to which was referred
the following resolution, to-wit: sRe-
solved, That the Judiciary Committee
be requested to make a special report
at as early day as possible upon the
effect of the act of Congress re-admit-
ting Mississippi into the Union, limit
ing the right of the State of Missis-
sippi to impose certain restrictions
upon the right Of franchise and other
wise prohibiting the State from
changing the Constitution of the State
of Mississippi adopted In 1869, so far
as the said act shall effect the work of
this Convention beg leave respectful
ly TO submit the following report:
Without yenturing to decide what
Congress might possibly undertake to
do by assumed authority, your conf
mittee proceeds at once to consider the
legal question submitted. In the Fed
eral Constitution there are several
provisions which relate to the elective
franchise.
The first Is the Second Section of
the First Article: "The House of
Representatives shall be composed Of
members, chosen by the people of the
several States, and electors in each
State shall have the qualifications
requisite for electors of the most
numerous branch Of the State Legisla-
ture.n 1t will be noted that this sec
ton does not prescribe, or indeed con-
template, uniform qualification iu all
the States. The entire subject of the
franchise as to who shall have it, and
the qualifications of the elector are left
| to the absolute and unrestricted dis
crelion of the State. As might be ex-
pected when the Constitution was
framed and adopted each State had
| rule of its own. Some States, many of
them, required the elector to own q
freehold estate Of o certain value ,
others certain annual income from a
freehold !; others property of defined
worth, aud Connecticut prescribed
that the voter should be of quiet and
orderly behavior another of the pay
ment of taxes assessed. There was not
uniformity then, there vssHot in 1870,
the date of the readmission act, nor
does 1t exist now. The Fourth Sec
ton of Article Is as follows: "The
times, places and manner of holding
| elections for Senators and Representa-
tiyes shall be prescribed in each State
by the Legislature thereof but the
Congress may at any time, by law,
change, make or alter such regulations,
except as to the place Of choosing SEN
ators.n The power conferred by this
section Is confined to change by Con-
gress of the time and place and man.
ner of holuing an election for Repre-
sentatives, as determined aud fixed by
the States. Congress may appoint .
time at which Congressional elections
may be held and the places and the
manner or methods Of holding the
same. SO 1t may appoint the time and
manner Of Senatorial elections. But
who shall vote at the Congressional
elections--whether both sexes or one
land at what age, whether the cleo
| tors shall own property, whether edu-
Gated or not ? is left precisely where II
| was placed by the Second Section Of
| the same Article 1. The Sixteenth
| Amendment In terms recognizes the
right of the State to determine who
| shall vote. by those clauses which
reduce the representation, If any male
citizens of the United States and of the
State, are excluded from the franchise
| as a class, Contemporary history
shows that the clauses of this amend.
| ment which relate to the franchise
were inserted to give the State the
choice of retaining the colorcd race, as
part of the electoral duty with full
representation or its exclusion with
diminished representation. 1t is plain
In the opinion of the committee, from
| this section Of the Constitution that
| Congress cannot confer suffrage, can
| not make voter, and that we mus
Hook TO the several States and thcil
laws and constitutions to ascertain
lwho are legally competent TO vote fol
Federal elective oilicers-as those o.
/ - 49,.