The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-11-19
CONCEIVED IN HATE AND EXECUTED IN
FRAUD.

CONCEIVED I'm FiRl z AMI ENECOl E0 IN
FRAUD,
To clear the atmosphere Of the discussion
of the Crumpacker proposition to reduce the
congressional representation Of Southern
States that have adopted an educational test,
which operates as a temporary dlsfranchise
ment OF large part of the negro race, It is
we'll to quote the clause of the fourteenth
amendment which seems to give authority
to the congress to act:
Representation shall be apportioned among the
several States according 10 their respective
bers 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 pres-
Gent OF me United States. representatives IN
congress, the executive and judicial officers of
State, or the members of the legislature thereof,
IS denied to any of the male members OF such
State being OF II years of age and citizens Of
the United States or in any way abridged,
cept for participation in rebellion other crime,
the basis OF representation therein shall be
duced in the proportion which the number of
such male citizens shall bear to the whole number
State
On the face OF it, this is a clear mandate
Of a constitutional policy, though OF course
1t applies equally to all States with educa-
tional or other qualifications. such as the
poll tax qualification just adopted in Texas
and previously prevailing in many States
OF the Union.
But the most superficial examination OF
the history and spirit OF the constitution
shows that this clause is a subversion of the
whole principle of representation announced
in the beginning of the government and ap-
piled throughout fits entire career until the
period Of reconstruction.
In this day OF clear vision, after the pas
sions Of the civil war have passed, the
candid student and statesman will hardl.
deny that this clause even II it we're not In
validated by the manner OF It's adoption, Is sc
radical a departure from traditional prin
ciples that it may we'll be challenged as ar
effective part OF the organic law
II has never been enforced There hal
never been until now an attempt to enforc,
It, The educational qualification of Mas
sachusetts was in effect when this amend
ment was adopted and has been In effec
ever since, yet no law has been passed b.
the congress reducing the representation o
Massachusetts, The clause was inserted II
the amendment as an angry threat to tn
Southern States for the protection of the en-
franchised negro. To have dehed It at al
earlier period would doubtless have provoked
legislation But the sentiment OF the Unioi
has greatly changed Even republicans VIII,
have come in contact with the negro prot
lem recognize its exceptional vexations an,
approve the Acknowledgement which re
moves some OF its worst phases.
1t is safe to say that this clause could no
be adopted today by the legislatures of
dozen States. AS win appear below, It wa
never constitutionally adopted by the neces
sary two.thirds But even if it were, It
in effect repealed by the catholic opinion @
the vast majority Of the people, and it's er
forcement by legislation at this time woul
do violence to the public conscience
But what is the spirit and principle q
the constitution in this respect?
Mr.. George Ticknor Curtis Constitutions
History of the United States" a standar
authority, recognized to be without sectiona
or partisan bias, and esteemed as the hes
and most reliable digest OF all constitutions
literature, is the safest reference for trus
worthy facts. Here are some excerpt
which brilliantly illuminate the subject. o
the debates in the constitutional conventio
Of 1857 IL says:
Another fact which we are to remember
the presence, in five OF the States represente
in the convention, Of large numbers of distin
race, held in the condition Of slaves Whatev,
node Of constituting a National system might
adopted, n il was 10 be representative govern
mcnt the existence OF these persons must
recognized and provided for in some way. VIVA
ever ratio of representation might be establishe
whether the States were 70 be represented
cordug TO the number OF their inhabitants ,
according q their wealth--this part OF the slav
holding States presented one Of the create
difficulties to be encountered, A CHANGE o
THEIR CONDITION WAS NOT NOW, AN
NEVER HAD BEEN, ONE OF THE POWER
WHICH THOSE STATES PROPOSED T
CONFIDE TO THE UNION. IN NO PR
VIOUS FORM OF THE CONFEDERACY HA
ANY STATE PROPOSED TO SURRENDE
ITS OWN CONTROL OVER THE COND
TION OF PERSONS WITHIN ITS LIMIT
OR ITS POWER TO DETERMINE VIVA
PERSONS SHOULD SHARE IN THE POLIT
CAL RIGHTS OF THAT COMMUNITY; AN
NO STATE THAT NOW TOOK PART