The Brookhaven leader., 1890-08-28
was aoopteo 20 interpret the meaning of


Congress; that replaced the broken link
in her Federal relations, and placed her
on q plane OF absolute equality with the
other States in the Union. There can
hardly be a conception OF unequal
States in the Union. Unequal in the
scope of their law-making, executive
and judicial powers. 1t would not be
contended that the Federal Government
could impose limitations on the political
sovereignty of one State, which was not
common to all, or that it could alter or
change a clause or section in Constitu-
tion oy State claiming
ADMISSION OR RESTORATION
to the Union. In Withers vs.. Buckler,
reported in 20 How, L. 5. Ia Mississippi
easel, the subject for solution was the
validity OF a condition in the act adj
mitting Mississippi into the Union in
1917. The restriction was that the Mis-
sippi River and it's navigable tributaries
should forever be free and open to navi-
CATION to all the people OF the United
States. The contention was that an act
of the State Legislature, relating to
navigable water communication with
the Mississippi River conflicted with
the admission act. The Supreme Court,
summing up the reasoning which sus-
tanned the Mississippi law, stated the
principle as follows:
"Clearly Congress could exact of the
new State the surrender of no attribute
inherent in her charter as an independ'
ent sovereign State, or as Indispensable
to her equality with her sister States"
The Fifteenth Amendment has but
one operation, 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. The State has just as large
discretion in regulating the franchise
as it had before it's adoption, with the
single limitation that the regulations
which it prescribes shall apply to both
races. If property or education quail
fication shall be thought wise or ex-
pedient, or if the payment OF taxes or
longer residence in the State and county
should be deemed expedient, either or
all may be adopted, provided they are
applied alike to both races. Turning to
judicial authority the case of tho United
States vs.. Rese, % United States Re
ports, pa, involved the interpretation OF
these amendments, as they affected the
franchise. The language of the Court
was:
"The amendment does not confer the
right to vote on any one. Ihey only
give the right to be exempted from dis
elimination on account OF race, color or
previous condition" That case was de-
cided in 1878. In the same year, in the
case of the United States VS.. Crulk-
shank, considering the operation OF the
power of Congress over the subject, the
Supreme Court says:
"The right to vote comes from the
State, but the right Of exemption from
the prohibited discrimination comes
from the United States"
An important question directly con-
nected with this investigation is, What
was the status of Mississippi at the close
of the civil war? More especially, what
was the conception of Congress, ON what
promises did it proceed in the measure
and scheme Of reconstruction?
1t must be conceded on all hands that
the State had either severed her cOnnec-
ton with the Union, or had placed her
self outside of it. or that her acts, IN
concert with other States in like Cir
cumstances, had so far interpreted and
displaced Federal authority that she
had lost her Federal relations as State
in the Union. Congress accepted the
latter view. The reconstruction acts,
and indeed the series of measures cog
nate thereto, eliminating in the read
mission act in 1870, are predlcated on
the idea that the State had lost re-
publican form of government in the
sense of the guaranty clause OF the Con-
stitution on that subject, and that 1t
was the duty of Congress in the exer-
else of it's political powers to assure her
such government
1.-THE special committee to whom was
assigned the preparation of the report
was Judge Wiley p. Harris, ii. f. Sim
rail- and Robert Fl. Taylor.
Mr.. Fewell offered resolution that
it is condition necessary to the solu-
ton of the franchise problem that the
right to vote shall be granted by proper
constitutional enactment to every
woman who shall have resided in this
State six months and who shall be
21 years Of age, and who shall own, or
whose husband, If they have a husband.
shall own real estate situated in this
State Of the value OF 5000, over and
above all membranes; their votes
shall be cast by some male elector who
shall be authorized in writing by such
women so entitled to vote; such consti-
tutional enactment not to be framed so
as to grant women the right to hold
office.
By Mr.. Burkitt: Resolved, That it is
the sense Of this Convention that no
property or direct educational qualitica-
tions affecting suffrage will be enter
tanned, and the Committee on Franchise
is hereby instructed to govern them
selves accordingly.
This resolution ELECTED considerable
discussion on points Of order, and it was
finally withdrawn.
Mr.. McLaurin, of Sharkey, introduced
an amendment as to the judiciary of the
State. 1t provides for five Supreme
Court Judges, with a term of twenty
years, and salary of $4,000. Its mem
bers shall be IS years old. citizens OF
the State for Ave years, and law prac-
titioners for ten years, to be elected by
the people of the whole State. There
are to be twelve Circuit Court Districts,
the Judes to be elected by the Legisl.
ture for term of eight years, with a
salary of $4,000; they shall be 30 years
old. A District Attorney is to be
elected by the people for each Circuit
Court District for term of four years
and salary of $500. There shall be
eight Chancery Court Districts, with
-, a. o.oh j;otrirt for n tarm