The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-13

III ApitS III
The ex.President Is undoubtedly right when
he attributes tho fact that our Federal legisla-
ture 10 bicameral to the necessity of effecting q
compromise between tho smaller States. which
insisted on equal representation. a thing they
got in tho Senate, and tho larger States, which
insisted on representation proportioned to pop
~ulation. q thing which they got in the House of
Representatives. Had the larger States been
willing to accept the principle Of equal repre-
sentation which was embodied in the Achean
League and in the old Congress of the Confodera-
ton our Federal Assembly would undoubtedly
have been unicameral. as was the Colonial
Legislature in Pennsylvania and Georgia and as
is the National Parliament to-day in Greece.
Servia and Bulgaria.
We should have liked to hear from ex-Presi-
dent Harrison touching the question whether
the Fourteenth Amendment has not been vio-
lated by the insertion of educational or prop
erty qualifications in the State constitutions Of
Mississippi and other Southern commemorative.
The Fourteenth Amendment certainly provides
that. when the right to vote for electors for
President, for Representatives in Congress. or
for State officers. Is denied to any of the male
inhabitants of the State of the age Of 81 years,
and citizens OF the United States. for any reason
except for crime, the basis of representation In
such State shall DO reduced in the proportion
that such excluded persons bear to tho whole
number Of male citizens 81 years of age. Al.
though this amendment prohibits the imposi-
tion of any qualification for voting. except
crime, and, therefore,. apparently invalidates
an educational or property qualifi cation, no at:
tempt has been made to enforce the penalty in
the case Of any State.
One of the most interesting facts recalled by
Gen. Harrison Is the foresight exhibited by
Elbridge Gerry of Massachusetts,, who was
n member of the Philadelphia Convention.
Almost alone Mr.. Gerry foresaw that the
seat Of empire might take its way west
ward, and proposed that, "in order to secure
the liberties Of the States already confcderated.
tho number of representatives in the first
branch House Of Representatives. of tho States
which shall hereafter be established shall never
exceed In number the representatives from such
Of the States as shall now accede to this Confed-
Grafton" He feared the new States would
"oppress and drain our wealth into
the Western country" His amendment was lost
by the close vote of four States to five, and even
this very narrow majority is attributed by Gen.
Harrison to Roger Sherman's confident predic-
tion that the new States would never outnumber
the old. 1t was Mr.. Gerry who was tho true
prophet. for the old thirteen States have now
only 1877 members, whereas the new States have
900. 1t is not just. by the way. to hold Elbridge
Gerry responsible for the invention OF the
"gerrymander," the method. that ia to say,
Of apportioning electoral districts SO as to
gain an undue party advantage. AS ex-Presi.
dent Harrison points out. In the very
first act of the Virginia Legislature with
reference to the election of members to Con-
gress an arrangement of tho districts was
brought about by Patrick Henry for a purpose
distinctly partisan. What he aimed to accom-.
plish Ia rec0unted In N panca0a hara 1,,otnd fran,
Bancroft's History of the Constitution: "He
Patrick Henry divided the State into districts.
cunningly restricting each of them. in the choice
of its representative, to its own Inhabitants,
and taking care to compose the district in which
Madison would be a candidate out of counties
which were thought to be unfriendly to Federal
lists. Assured by these Ubiquitous prepare
tions. Monroe. without scruple. took the field
against Madison" This early instance of the
gerrymander, however. failed of its purpose.
Mr.. Madison entered the canvass, and was
elected to the First Congress.
On page 1927 Gen. Harrison alludes to that
clause of the Constitution which provides that a
Senator must have been for nine years a citizen
Of the United States and DO 80 years of age. He
omits to mention that this provision has been
twice violated. Once In the case of Albert Gal
latin, who was chosen a Senator for Pennsyl.
vania In 1893, but who. being adjudged by the
rcuefhiSt "dJOrlUy U l Inc senate unaDle 10 FUR
nish technical proof that he had been for nine
years a citizen of the United States, was OK.
cluded from his seat. The second case is that
Of Henry Clay. who. having been born In 1777,
was sent to the Senate from Kentucky in 1906.
No objection. however. seems to have been
made to his retention of the seat.
We observe that ex-President Harrison is in
favor of introducing in the Senate the previous
question. or some form Of closure, to cut off de-
bate and ~dilatory motions, and bring the cham
Ter to a prompt vote on the main issue. We
quote some of his remarks upon the subject:
THE Senate has always refused to adopt any
form of cloture, and debate there runs on with
no limit. When flibustering and quorum
breaking appear in any legislative body its
effectiveness and usefulness can only DO re-
stored by the cloture and by noting the presence
OF non'voting members. SO long as the dignity
and self-respect of tho Senators wero effective
TO exclude these evil practices the corrective
rules could be dispensed with. But that day 10
q memory. The cloture may be made liberal,
giving ample time for discussion and ample op-
portunity for amendments. The essential thing
is that q vote may. at some reasonable time. be
Becu red"