The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-05
SUFFRAGE AND REPRESENTATION.
To the Editor of Tn. Times:

To the Editor Of The Times:
| In the structure of the Federal Govern
| ment the right to vote was primarily left
with the States. The members of the
House of Representatives we're chosen by
| the electors of each State; the quaiif-
cation of these electors was fixed by the
State. The right of each State to have
| two Senators is fixed in the Federal Con-
stitution, and cannot be taken away with
out the consent Of the State Representa-
tion in the House and direct taxes were
originally apportioned among the several
States according to their respective num-
bers. counting certain classes as excep
| tions. The right to representation was
measured by the liability of the state to
direct taxation and by the numbers of
its people. This is the only basis of rep
resentation spoken of in the Constitution
of the United States. Nowhere in the
subsequent history of the Constitution
has the right to representation in Con-
gress been severed from the liability of
the State to direct taxation. The two
still stand together. After the war. on
the 21st day of July, 1868, the Fourteenth
Amendment was adopted; it declared that
Representatives shall be apportioned
among the several States according to
their respective numbers, counting the
whole number of persons in each State,
excluding Indians not taxed; but when
the right to vote at any election for the
choice of electors for President and Vice
President of the United States, Repre-
sentatives in Congress, the executive and
judicial officers of the State, or the mem
bers of the Legislature thereof, is denied
to any of the male inhabitants of such
State, being twenty-one years of age and
citizens of the United States, or in any
way abridged, except for participation in
rebellion or other crime. the basis OF
representation therein shall be reduced
such male citizens shall bear to the
whole number of male citizens twenty
one years of age in such State"
This provision contemplates still that
the States have the primary power to fix
the qualification of voters therein, but
undertakes to visit penalty upon the
State in case this provision be violated.
The first question arising under this
amendment is, its meaning. To what does
this penalty extend? What does it re-
quire the States to refrain from doing?
It declares that the right to vote shall
not be denied, etc. 1t will be by all
admitted that the right to vote is not
natural, but municipal; there is no such
thing as the right to vote until that
r;,rt,t 10 ht law bXTt he
State The constitutional provision above
quoted does not punish the State for fail
ing to confer the right to vote, but only
for denying the right after it has been
conferred. The Fourteenth Amendment
does not command the State TO allow
all the vicious and ignorant classes
therein to vote; It does not say that the
State shall qualify paupers, fools, ig-
norant people, and persons who have no
visible means of support, to vote, but de-
clares that when the right to vote shall
have been conferred by the State, that so
long as that right continues under the
laws of the State, it shall not be de-
ed at any election for officers mentioned
in the Fourteenth Amendment. That
speaks of the inhabitants of
the State; it does not command the
State to permit inhabitants, not citizens
of the State, to vote 4 citizen of Ohio /
cannot be qualified to vote in Virginia. |
because temporarily an inhabitant there. !
Under the Fourteenth Amendment State |
may legally refuse to permit an inhabi- |
tant to vote who is not a citizen of the |
State where he offers to vote. The Four |
teenth Amendment includes among the |
officers named therein. the executive and |
judicial officers of the State and the |
members of the Legislature thereof. |
These are solely State officers who when |
elected exercise the domestic sovereignty |
Of the State. This amendment cannot be
to transfer the control OF that
to Congress by saying who
shall vote for such officers and by giving
to Congress supreme power over the