The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-03-02

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WASHINGTON, Feb. 2s-The minorit
members oft Committee on the it
dietary have prepared two vigorous II
ports in opposition to the Houk resolu
ton, which was ordered iavorably re
ported to the House, directing the ID
dietary committee to inquire into ant
report to the House whether or not an,
State has, by any constitutional or statn
tory provision, violated the second sec
ton OF the fourteenth amendment to tn
Constitution, so that proper appor
tionment OF representation may be mad,
by Congress. One minority report, pre-
pared by MIR. Oates, Of Alabama, Is signet
By MesSrs. Oats. Oulbsrtson, Of Texas
Henderson, Of North Carolina, and vii
Hon, OF West Virginia, ard by Stewart
OF Vermont, with.a qualification. ThiI
report says that the StateI
are not Constitutionally prohib
tied from DISTINGUISHING any o.
their male citizens; it only prescribed
as a penalty for such Acknowledgement
for any other cause than OF participation
in rebellion or other crime, that the
representation in Congress from such
State shall be reduced III the proportion
which the persons disfranchised bear to
the whole number ofadult male citizens
in such States. The question is asked,
il the resolution, reported be adopted
now, can the committee make the
inquiry directed, in the absence OF any
les islation by Congress, providing the
me ans OF securing evidence to enable
the committee to procure the necessary
proofs to warrant Congress in reducing
the representation Of any State? The
committee assume that some citizens in
Mississippi and Massachusetts are denied
the right to vote by the State
constitutions for some other reason
than crime. This may be true;
but the minority cannot shut their
eyes to the fact that the constitution Of
Mississippi has not yet gone into opera
ton and that there is no law applicable
to that State, Massachusetts, or any
other State, by which the committee Gun
legally and certainly ascertain the num-
Der OF disirHnchised, for Congress has
never provided the means by which this
may BIZ done. Presumptions are worth.
less in such a grave matter Legal
proofs must be had to reasonable GER
tainty, and until such legislation is en-
acted II ia utterly futile to adopt such q
resolution, for it cannot be complied
with. Until Congress enacts q law pro.
Viding for an enumeration Of the mum.
Der OF persons DISTINGUISHED for crime
and OF the number disiranchised for
other causes, it is impossible to comply
with the resolution.
Representative Robinson, in his indi-
vidual minority report, Gays the regolu-
ton proceeds on two false assumptions:
First, that II State restricts suffrage
from q cause other than rebellion or
crime, 1t violates the second section OF
the Fourteenth amendment; aud sec.
ord, that II is necessary for some State
to violate this section in order that prpo-
er apportionment OF Representatives
mar be made. The Massachusetts con.
stitution prohibiting her State officers
from taking an oath to support the Fed.
eral constitution OF the United States is
referred TO, with the suggestion that 1t,
perhaps, has some connection with the
famous Hartford notification conven-
ton; but it is submitted that this does
not bring her within the Fourteenth
amendment. The following Is an extract
from this part Of the report OF Mr..
Rogers: "The committee, knowing the
SUPERFICIAL character Of the people Of
that honored commonwealth, upon in
shutting inquiry under this resolution,
went first to that constitution, confident,
no doubt, that If it was necessary for
any State to violate the Federal consti.
tuition in order to give it force and life
and vigor in any or all OF its parts, it
would be found in the constitution or
laws OF that State" OF Vermont Mr..
Rogers's report says: vermont dis
franchises her paupers." 1t is not
necessarily acrime, however convenient,
to be a pauper. Vermont also requires
voter 10 be Of peaceable and quiet die
position. 1t is suggested that Vermont
has thereby violated the constitution
according to the logic OF the
majority. Connecticut, Mr.. Rogers
Gays, also deserves honorable
mention. In that Slate voters
must be OF good moral character
Whether they have It in "blocks Of tive'
or not we are not told. 1t may be that
in Connecticut all persons who have moi
been in rebellion or been guilty OF "othel
crimes" baVe good moral character, anC
hence good moral character" would MOI
in that State operate as q restriction or
suffrage. Attention is drawn to the
Idaho provision iorbidding polygamistl
or Mormons voting. Other States, Mr.
Rogers says, might be cited; but thu
list is already so long as to suggest the
INQUIRY whether the whole country IL
not rapidly growing weary Of the Four
teenth amendment altogether and be
coming imhued with the idea that tht
people OF the States are capable Of sell
government aud should be left to 1t with
out oiEiCious outside interference.
The majority Of the committee in IL
report, prepared by Mr. Caswell, Of Wis
consin, says that the committee did no
deem ii necessary in a parliamentary
inquiry to examine the various Stat
constitutions, but that in the iudgmen
OF the majority the constitutions o
Mississippi and Massachusetts, are clearl.
within the provisions OF the second sec
j ton OF the Fourteenth amendment, be
cause OF educational and property re
ouircmenls thereof. at 10 not for 10,
says the report, ITO discuss the wisdom
ofthe Fourteenth amendment; nor doe
it become our duty to determine how 0
in what manner the number or propol
ton Of the INHABITANTS Of any given Stat
can be Ggcertained. The sole uuestio
delegated to US is, whether the constitu
ton or laws Of any State should work
reduction Of its representation by Eeaso
Of suffrage restriction"
1.-THE instances cited with reference
Massachusetts, and Mississippi, we believ
show that the resolution ought to pass 9
that thorough investigation might b
had. No ono Is exempted from militar
service because ne does not own pyoI
erty; and the same may be said for thot
who have not had the advantages Of &C
uCation. They are often as loyal an
devoted to good order and the welfare I
the people as those enjoying superiC
advantages. When the Fourteent
amendment was adopted, public opinio
Was especially directed 70 this class
nnnnIni and IL NAV he Assumed thf