The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-23

other than an educatlonal or properly
qualification, and am unable to under
stand how any well-trained lawyer can
reach the conclusion that a constitutional
provision. whether adopted by a state in
the south or in the north, prescribing an
educational or property qualification can
be considered as an abridgment of the
privilege Of suffrage within the meaning
of the fourteenth amendment Judge
Cooley in his work entitled THE Cen
eral Principles Of Constitutional Law in
the United States" In discussing the
fourteenth amendment, says
ITO require the payment of capitation
tax is not denial of. suffrage; 1t is de-
handing only the preliminary perform
ance of public duty, and may be classed,
as may also presence at the polls. with
registration, or the observance Of any
other preliminary to insure fairness and
protect against fraud. Nor can It be said
that to require ability to read is any de-
NAL of suffrage. To refuse to receive
ones vote because he was horn in some
particular country rather than elsewhere,
or because of his color, or because of any
natural quality or popularity which 1t
would be impossible for him to over
come is plainly a denial of suffrage
but ability to read is something within
the power of every man; 1t is not diff
cult to attain it. and 1t Is no hardship to
require it. On the contrary, the require
ment only by indirectlon compels one to
appropriate a personal benefit he might
otherwise neglect 1t denies to no man
the suffrage, but the privilege is freely
rendered to all, subject only to condi-
ton that is beneficial in Its performance
and light In its burden
Basis of Representation.
There seems to be misunderstanding
in the minds of people generally as to
the basis of representation In Congress.
1t is not apportioned upon the number
of votes cast, but is based on the popu-
lation of the states respectively. A study
of the returns through a series of years
would show that It frequently occurs,
both in the north and in the SOUTH that
the absence of a contest reduces the
number of votes. whereas a spirited con-
test brings out a full vote. often showing
great disparity in the same locality under
different conditions. This, in itself, would
be sufficient to show how impracticable
1t would be to base representation upon
the vote as actually cast.
Second, as to the fifteenth amendment.
This amendment, as has more than once
been declared by the supreme court of
the United States, does not confer the
right to vote, but protects the negro
from being Disseminated against on ae-
count OF his race, color or previous con-
dition of servitude.
A Delicate Subject.
At the formation of the federal gov
eminent there was a party, headed by
Edmund Randolph which favored max
ing the qualifications of citizenship the
same in all the state; but Benjamin
Franklin and others opposed it, on the
ground that 1t was a subject on which
the people were jealous, and it would
no. be well to excite their opposition by
deprving some of them Of the right to
vote as to federal officers, when the
same citizen might have the right to vote
for state officers. 1t was therefore de-
termined after full discussion. to leave
the question of fixing the qualifications
of voters to the states respectively, and
the following provision was adopted and
has remained unchanged as part of the
federal constitution:
The House of Representatives shall be
composed of members chosen every Sec
ond year by the people of the several
states, and the electors in each state
shall have the qualifications requisite for
The electors in the most numerous branch
of the state Legislature"
The same rule obtains with reference
to the selection of presidential electors.
the whole question, by the terms of the
constitution and the action of the con
vention. being left to the states, each Of
which was to appoint in such manner
as the legislature thereof may direct a
number of electors equal to the whole
number of senators and representatives
to which the state may be entitled In
Congress-
Discrimination not Against Race.
Now, the new constitution of the
southern states, and especially the new
constitution of the state of Alabama, with
which | am more familiar, do not discrim-
mate against the negro on account of his
race. color or previous condition of servi-
tude, within the inhibition of the fifteenth
amendment. The permanent provision
now in force Is not materially different
from tina. of the state of Massachusetts,
in that 1t prescribes that every citizen,
whether white or black, who can read or
write any clause of the federal constitu-
tion in the English language is entitled to
vote, This provision was intended, and
has the effect, to put the control of the
government In the hands of the intelligent
and virtuous; but it is objected by our
opponents that we, In the temporary
plan, excepted certain classes of our citi-
zens from the operation of the education
al clause embodied In the permanent plan
| grant 1t. In doing so, what more did
we do than did the state of Massachus-
etts? The election law of that state, as
| understand it, provides that the voter
must be able to read the constitution OF
the commonwealth in the English lang
uage, and to write his name except that
no person who Is prevented from read
ing and writing as provided by physical
disability, or who had the right to vote
on the first day of May in the year 1857
shall pth rxrfsa ha or
of the right to vote by reason of not be
ing able to read or write"
Practical Legislation.
The truth is that every statesman whC
proposes Legislation for the benefit OF
his people must proceed along practica
lines If his measure is to be submitted
for the ratification of the voters, 1t woult
be supreme folly for him to expect then
to accept and approve a measure which
by its terms. proposes a qualification
which would exclude them. Hence it |.
| that every such measure, whether sub
mitted for the ratification of voters II
the south or in the north must contain
a saving clause which protects the right.
of existing voters, or such a number OF
existing voters as will give reasonabl,
promise of it's acceptance. Hence tn,
| insertion of the saving clause In tn,
Alabama constitution which protects tn,
| right to vote of all who fought tn,
| battles of the country without regard t.
the army in which they enlisted, Fedora
| or Confederate.
| The charge made against us is that W,
| adopted this constitutional provision fol
| the purpose of excluding the negro. TIL,
true philosophy of the movement was t,
| establish restricted suffrage and to plac,
| the power of government in the hands O.
| the intelligent and virtuous and Will,
| any nrnNlsinn for restrIctad ffra @,