Oxford eagle. (Oxford, Lafayette Co., Miss.) 1876-current, 1890-08-28
THE STATE CONVENTION.
The Franchise Problem, StIn Ar,,,,,c~
mississippi's Ststesrsn.
Report Of the Judiciary cemm,s,.. rs,,
tns Fundamental Restrsetioa cen,.In.s
In the Aes Of Ceaxr-.. R-.dr,,.l,x MI
sis<ippi Into the unIo..

JAck-oS, Mfss.. Aug. ss-when the
sne convention came 10 order thi. morn
ing Judge Chrisman Of the Judiciarv
committee submitted the special r.por,
OF the committee on the fundamental
restrictions contained In the act Of Con.
gress OF Is7o. readmisting Mt..tSsippi
into the Union The repor. VA. lis
tened 10 With the closes, attention. and
a. the conclusion OF the reading Judge
Harris asked that it be laid over a. ,hs
pleasure Of the Convention until the
call OF counties could be had.
The call Of counties lasted until i:,e
o'clock. and then the Convention nj.
Sourned until Monday afternoon.
The report was not called up and i,
not likely to be. The Convention ASKED
the committee for its opinion and re-
eeived an unanimous answer. and II Ia
supposed that the Convention will pro
coed on the basis Of that answer.
THE ooNxrrTEE's REPORT.
The committee To which was referred
/ .he resolution, that the Judiciarv
/ Committee be requested to make a
/ special report NJ ~ early a day as possi-
BILE upon the effect OF the &C. Of Con-
gress readmitting Mississippi into the
Union, limiting the right % the state
OF Mississippi TO impose certain rsstric-
tons upon the right of franchise and
Otherwise prohibiting the State from
changing the Constitution OF the State
OF Mississippi adopted in lseo. 80 far AZ
the said act shall affect the work Of this
Convention" beg leave 20 submit the
following report:
Without venturinx 10 decide VIA;
| Congress might possibly undertake 20 do
| BY assumed authority. your COMMITTEES
/ pruceesfs st onre ~ ron slider the Legal
| question submitted In the FEDERAL
I Constitution there are several provisions
which relate - the elective franchise.
The first IS the second section Of the
/ first article.
The Ho9se of Representatives shall
be composed of - members chosen by
the people Of the several States. and
the electors in each State shall have the
qualifications requisite tor electors oi
the most numerous branch Of the STAT
legislature
II will be noted that this section doe,
n-es r-~---ih~. - iriea-l ss-s-ns - 1.a
uniform Qualification in all the States.
/ The entire S1bjsct % the franchise as "a
who shall have it and the qualifications
Of the electOr ars lett 20 the absolute
and unrestricted discretion % the state.
A might b. expected when the Consti.
tuition vas framed and adopted earh
State had a rule o, its own- Some
States-many % them required the
elsctor 20 own freehold estate os a
certain value; Others a certain annual
/ income from freehold. othass property
Of dehnsd worth. and Connectirut pre-
srrib-i that the voter should be oi
asie< and orderly behavior. another Of
the paTment of taxes assessed. There
va, not uniformity then There was
not in ls-o. the date Of the readmiSsion
act. nor dos it exist now. The fourth
sertion Of Article u xs follows.
The times. places and manner o.
/ holding elections for Senators and Rep
reSentstives shall b. prescribed in each
State By the Legislature thereof. bu;
the Congress mzy At any time by law
I change, make Or alter such regulations,
except as TO the place Of choosing scna-
tors
| The power conferred By this section is
confined 10 a change BY Congress Of the
| time and place aad manner of holding
,n election for Representatives a. de-
.ermined and fxed BY the State Con
yress may appoint a time NJ which Con
| gressiOnal elections may be held. and
| the places and manner or methods OF
I holding the same ~ IL may appoint
| the time and manner of Senatorial elec-
,ions- But who shall vote at the
Congressional electious-whether both
SEXES or one. and at what age. whether
the electors shall own property, whether
educated or nOt-is left precisely where
/ il vas placed by the second section OF
I the same article
The Fourteenth Amendment recog-
nixss the right Of the State to deter
mine who shall vote by those clauses
which reduce the representation. IL any
citizen Of the United States and Of the
State are
EXCLUDED FROM THE FRANCHISE
xa class Contemporary history shows
that the clauses OF this amendment
which relate To the franchise we're in
serted 10 give the State the choice oi
retaining the coIOred racs as part sf the
electoral duty with fall representation,
or is exclusion with diminished repre-
sentation-
IL i plain. in the opinion Of the CON
rnfttee. from this section OF the Constl'
tution. that Congress cannot confer suf-
f-are or cannot make a voter. and that
xe must look 10 the several States and
their laws and constitutions 20 ascertain
who are legally competent 70 vote for
FEDERAL elective officers. as those Of the
State
The choosing of senators By the Stats
Legislature is Indirectly choice By tbs
state electoral body Its power to do 81
VAS derived from the fourth section o.
Article 4 Of the Constitution
The United States shall guarantee q
avery State in this Union . republican
form Of government
The Supreme Court in Interpreting
this clause refers 70 the States that par
ticipated in framing the Constitution n
\ illustrations and examples of repu olleai
governments. all agreeing essentially II
the source of authority. form and Pow
ers of government, but varying IN tnei
municipal laws. and especially IN TN
regulation of the franchise
In the nature Of things Congress can
no. make n constitution Tor St2'e
Each State must perform ta@t srs
sovereignty for itself
.New States may be admitted By tn
Congress into this Union" says claus
~ Section }, Article 4. But before IN
act Of admission takes place the state
Constitution is submitted 10 Congress
,bat il nav be determined whether IN
government is republican
In Minors case, reported in "a Wal
l.re I75 discussing the guarant,
rIsuse. the Chief Justice used the EN-
pbatic language: ,.
..The guaranty necessarily implies
s,,r on the part Of the States them
lives 10 provide such governme n;
-snublican in form. and that in1smaei