The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-11-19


The large numbers Of slaves in some Of |
the States would have made a government so |
constructed Chat is., representation upon the
basis OF voting population) entirely unequal in |
its operation and would have placed those States |
II they had been willing TO enter itas they never
could have been.,-in g position OF inte s S
rendered unjustihabie, (Voi. I, pp. 5as-3s6)
II became necessary, therefore, 20 |
regard the peculiar social condition Of each Of the
States, and to construct system Of representa-
ton that would place the free inhabitants Of each
distinct State upon as near footing OF political
equality with the free inhabitants OF the other
practicable. This could only be done by treating |
the slaves integral part of the population |
of the States In which they, were found and by
assuming the population of the States as the
true basis Of their relative representation,
Having decided that there ought TO be an
equitable ratio of representation, the commit
tee went on declare that the basis of represef1-
taton ought TO include the whole number OF
white and other free citizens and inhabitants, OF
every age. sex and condition, including those
bound TO servitude for term OF years; and they
then added to the population thus described three
hfths of all other persons not eomprehended in
that description (meanng slaves, except Indians
not paying taxes. The proportion of three-hfths
was borrowed from rule which had obtained
the sanction of nine States in congress in the
year The IzS'p Rf NS!i e. Wks3 thus EsrAB.
LISHED THAT. FOR THE S,,l PyRPoSE OF or
As sSj AT As II THE H MEAsGRE OF IT'S REL
ALIVE WEALTH; AND THAT ITS RIGHT
OF REPRESENTATION SHOULD BE REGU-
| LATED BY THE SAME MEASURE; and as
the slaves we're to be admitted into the rule for
taxation in the proportion Of three-fths OF their
number only so they were in the
game proportion only to inhance the representa-
The concession OF the slave representation had
| been made by some of the Northern members in
| the hope that it might be the means OF strength
ening the plan of government and of procuring
! for L full powers both Of revenue and Of COM
mercia regulation. (Vol. 1, p. soa)
The principle was thus established that
representation shall be based upon popula-
tion," and even slaves were reckonede, in the
ratio of three-ffths, as population for the
purposes of direct taxation and of represen-
tation in congress.
And so 1t was written into the constitu-
ton;
Representatives and direct taxes shall be ap-
portioned among the several States which may be
included within this Union, according to their
respective numbers, which shall be determined by
adding to the whole number of free persons, in
Guiding those bound to service TOR term OF
years, and excluding Indians not taxed, three
iiths of all other persons. Constitution, Art. l,
section ?, paragraph 81
Clearly, the emancipation of the slaves
made them free population and removed all
differences in this respect between the
Northern and Southern States
II the Federal government Of the United
States has been continuing constitutional
government, IL the civil war did not destroy
the old Union and erect new empire, Il
the principles of the republic have suffered
no abatement, then the status of the negroes
after the proclamation and enforcement o.
emancipation was precisely the same as the
!, status of any other free inhabitants OF an!
of the States, and no State had surrendered
. its control over the political rights of per
sons within Its limits.
Up to this time congress could not er
franchise the negro. That power coul
:, come only through constitutional amend
ment adopted in the constitutional way
Hence the submission of the fourteent
amendment proposing to enfranchise tn
: negro and to clothe congress with power t
reduce representation under conditions sc
firth in the clause already quoted.
40 canu.4 man will now deny that tn
= proposed Acknowledgement was a partisa
:, scheme to make the Southern States reput
:, lican. No well informed man will, in tn
light of subsequent events, hold that tn
= proposition was sound in statesmanship o
- wholesome in sociology. 1t has been ashe
!" to the republican party and unspeakabl
'e bitterness to the Southern people. But tina
u is matter apart from the present dis
= cussion.
- constitutional amendment could b
~ adopted only in the constitutional way
" That 1t was not so adopted, let Mr.. Curtis
the authoritative historian and comments
- tor, testify;
But congress in 1867 did not see fit to pursu
the constitutional 1t adopted a metho
Of OF proceeding in the States that was entirel
aside from the constitution, and that was
variance with the method of procedure in a
10 the other States. In the former, tn
. reconstruction acts, which applied only to thos
ten States set aside the existing State govern
Is ments and provided for the formation of a ne,
Df government in each of them, TO be created by
convention OF delegates elected by the NAL
u citizens of the State, II years old and upward
Id of whatever race, color, or previous condition
who had been resident in the State for one yea
One government, which was certain
reject the proposed amendment, was deposed
Of make room for another government which woul
- certainly ratify it, There were bodis
organized for the express purpose Of bringin
al about this seeming ratification. THIS is
!, BLOT ON OUR CONSTITUTIONAL HIS
~ TORY WHICH NO WRITER CAN OMIT II
al NOTICE. THE POWER loF con
- TO SUBYERT THE SOVEREIGNTY OF AN
al STATE BY SUCH A PROCESS AS THAT o
81. THE RECONSTRUCTION ACTS. THOS
i ACTS WERE NOT SUCH AN ENFORCE
70 MENI OF THE PROVISIONS OF tn
IN AMENDMENT As THE AMENDMENT II
On COULD BE ENFORCED AFTER, BUT No
BEFORE, IT HAD BECOME PART, AN
IA HAD BEEN OFFICIALLY PROCLAIMED T
ed BE PART, OF THE CONSTITUTION.