The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-11-25
Nov. "a. 1902
Revived Attempt to Punish the South

revived Attempt TO Punlsn the Soutn
Baltimore Sun.
AS the time for the assembling Of Con-
gress approaches we again hear of the
plan to reduce the representation of the
Southern States in the House of Repre-
sentatives. This was fav~ite measure
of Mr.. Henry C. Payne, a member OF
Congress from Wisconsin now Postmas--
ter General Of the United States. Mr..
Payne introduced a bill to carry out his
design against the South and ardently
urged its passage He was unsuccessful
in his attempt and could scarcely obtain
hearing for his arguments outside the
partisan newspapers. But as member
of the Presidents Cabinet and enjoying
the reputation of being the political con-
ductor of the administration, he now oc-
cupies a more potential position than he
did as q member of Congress. 1t is
reported now that Mr.. Payne says Con-
gress will be expected to enact his bill.
and without any prompting in the Presi-
dents message. If 1t should fail to do
so, then he thinks the Republican Ma
the subject. This bill to deprive the
Southern States of a portion of their
representation in Congress Is based upon
the Fourteenth Amendment to the FEEDER
al Constitution, which was ratified by
force of arms in 1866, 1867 and 1853, when
the entire South, except the negro popu-
lation, was disfranchised. Section of
that amendment provides as follows:
Representatives shall be apportoned
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 a State, or the mem
bers of the legislature thereof, is denied
to any of the male inhabitants of suAh
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 in
the proportion which the number of such
male citizens shall bear to the whole
number of male citizens twenty-one years
Of age in such State"
The Fifteenth Amendment prohibits any
denial or abridgement of the right to vote
on account of race, color or previous con-
dition of servitude.
The representation of the States in Con-
gress down to the time of the adoption
of the Fourteenth Amendment was appor-
toned among the States according to
their respective numbers, which were de-
termined by adding to the whole number
of free persons three-fifths of the slave
population. In framing or enforcing a
law to carry out the views of the Post
master General there will be many practi-
cal difficulties. OF course the object Of
South but ostensibly II will be directed
against those whose constitutions contain
the so-called grandfather clause That
clause is intended to disfranchise as
many negroes as possible without coming
in conflict with the Fifthteenth Amend
ment TO the Federal Constitution If
| they disfranchise the negro because of
his race, then that provision would be null
| and void and Mr.. Payne's bill would be
| unnecessary All that would be required
would be for the persons so unconsti-
tutionally deprived of their votes to APP,
| peal to the court. But no one Is deprived
fof his vote on that account. The dis
| franchised people are mainly the Hitter
ates. If all the illiterates were disfran-
chised, the census would be guide to the
number. But all illiterates are not dis
franchised. and it is practically impos-
sible to ascertain with any degree of
accuracy the number disfranchised. The
| number, in fact, varies from year to
| year.
In the Constitution OF Alabama. for in
stance, the following persons who have
| the requisite qualifications OF age. sex and
| residence are permitted to vote: First
| AL who can read and write the English
| language and have been engaged IN some
| lawful business or occupation for the
| greater part of the twelve months pre-
ceding the registration. Second-The
owner or the husband of the owner of
| forty acres of land in the state or of real
or personal property assessed Tor taxa
| ton at as much as $500, the taxes on
which have been paid
have honorably served In the United
States or the Confederate Sta-es Army
| or Navy and their lawful descendants and
| ''all persons who are of good character
and who understand the duties and obli-
cations of citizenship under repubIi-
can form of government" 1t would ap-
pear that to ascertain the number dis
franchised by this Constitution would be
almost impossible. The registratino is
no guide, for here in the city OF Balti-
more there are now over 10000 pc )ple VINO
are entitled to register and vote and who
/ are not registered
! The South can view with equanimity
| any such attempt upon its constitutional
| rights. Congress has so long been con-
| Quoted as a sectional body that the South
| would perhaps fare as well If 1t sent no
| representa- tives and took no part III IL.
| The Southern States, in their poverty and
ruin from which they are now recover
| ing, have been levied upon for many
years to pay twenty or thirty million dol
| lars annually in pension money 10 the
| North, and one would think that the
most eXacting, cruel and relentless con-
| querors would be satisfied with that. But
ut seems that there is a strong sentiment
| In the North in favor OF continuing TO
| treat the South as conquered province.
| Perhaps the real reason why Mr.. Payne
and those who agree with him wish to
reduce Southern representation In the
House is found in the Second Article
| Of the Constitution, which fixes the num-
her of electors in a state This number
| Is equal to the whole number of Sena-
| tors and Representatives. With any ma
terial reduction Of the Southern Electoral
Colleges it is believed it would be i'm
possible for the Democrats to elect a
President.
But Mr. Payne should remember that
the history of this country shows inst all
such revolutionary schemes for maintain
ing party power react upon the party
which attempts them. The force bill