Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-08-23
THE JUDICIAL VIEW.
THE QUESTION OF FRANCHISE GIVEN
LEGAL ATTENTION

The Power of the state TO Regulate suf-
frage-The Report of the Judiciary
Commttee-It Claims All the Power Re-
quired.
JACKSON, MISS, August %. The judiciary
committee of the constitution submitted its
report to-day. 1t is signed Willy P. Harris,
chairman, but was written by ex-Chiei
Justice Simerall, a veteran Republican.
The report says in part:
The committee to whom Is referred the fol-
lowing resolution:
RESOLVED. 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-admitting Mississippi into
the Union, limiting the right Of the State Of
Mississippi to impose certain restrictions upon
the right of franchise, and otherwise prohibit
ing the State from changing the Constitution
OF the State of Mississippi adopted in 1859, so
far as the said act shall affects the work of this
convention, beg leave to respectfully submit
the following report:
Without venturing to decide what Congress
might possibly undertake to do by assumed
authority your committee proceeds at once to
consider the legal action submitted. In the
Federal Constitution there are several pro-
visions which relate to the elective franchise.
The fourth section of the first article is as
follows:
1.-THE times places and manner of holding
elections for Senators and Representatives
shall be prescribed in each State by the Legis.
lature thereof, but the Congress may at any
time BY law change, make or alter such regula-
tions, except as to the place Of choosing Sena-
tors"
The powers onferred by this section is con-
fined to a change by Congress of the time,
place and manner of holding an election for
Par,r 1fof iuac - dnfo nh nd 6Ka cd v
the States. Congress may appoint time and
manner for Congressional and Senatorial cleo
tions. But who shall vote at the Congressional
elections-whether both sexes or one. and at
what hour, whether the electors shall own
property, whether educated or not, is left pre-
cisely where it was placed by the second Sec
tion of the same article (D.
The fourteenth amendment in terms recog-
nizes the right of the State to determine who
shall vote, those classes which reduce the rep
resentation, il any male citizens of the United
States and Of the State are excluded from the
franchise as class. 1t is plain, in the opinion
of the committee, from this section of the Con-
stitution that Congress cannot confer suffrage,
cannot make a voter, ard that we must look to
the several States and their laws and constitu-
tions to ascertain who are legally competent to
vote for federal elective officers.
The fifteenth amendment has but one opera
ton, and was engrafted in the Constitution for
the single purpose of laying an inhibition on
the State as discriminating against the colored
man, because of race or previous condition Of
servitude.
If property or educational qualification
shall be thought wise, or expedient. or If the
payment of taxes or a longer residence in
State and county should be expedient either,
or all may be adopted provided they are ap-
piled alike to both races. We are of the
opinion that re-admission of this State into the
Union fully and forever settled the statutes of
the State thus re-admitted, and that
Congress thereby lost all control or
jurisdiction over this matter and
the States thus readmitted into the union be.
came at once "ipso facto unux" under the
Constitution reinvested with all the sovereign
powers passed by any and all the other States
W. 81. HARRIS, Chairman.
No action was taken on the report and after
disposing of routine business the convention
adjourned over till Monday.