164 



CONGRESS. (THE APPORTIONMENT.) 



cess of law what they had theretofore done in de- 

 fiance of the law. In 4 of these States in the 

 past ten years they have placed amendments in 

 their constitutions and have placed laws upon 

 their statute books that disfranchised from 40 to 

 50 per cent, of the voters of their States. The de- 

 fense employed in the seventies, that the abridg- 

 ment of the electorate was the act of individuals 

 and not of the State, no longer holds good. In 

 4 of the Southern States the denial of the right to 

 vote to 40 or 50 per cent, of the male members, 

 twenty-one years of age or over, and citizens of 

 the United States, is no longer the act of indi- 

 viduals, but of the States. 



" The doubts and quibbles of former years can 

 not be said to exist now to obstruct the applica- 

 tion of the provisions of the fourteenth amend- 

 ment. The very argument that was presented 

 then to defend, to-day convicts. To my mind, the 

 first cause which led* former Congresses to refrain 

 from action has now entirely disappeared in these 

 four instances. Coming to the second cause, we find 

 that in 1870 there were 3 States that had abridged 

 their electorates California, Connecticut, and 

 Massachusetts. In these 3 States there was a con- 

 stitutional provision for an educational qualifica- 

 tion, which" disfranchised a certain percentage of 

 the electorate namely, the illiterates. But in 

 those States the percentage of illiteracy is very 

 light, averaging about 6 per cent. The basis of 

 representation would hardly have been affected 

 in those States had the fourteenth amendment 

 been conformed with. An examination into the 

 election laws of the various States reveals an 

 astonishing tendency at this time to abridge their 

 electorates. When* the Congress which adopted 

 the existing apportionment discussed the matter 

 ten years ago but three States had abridged their 

 electorate by action of the State, and in these 

 the percentage of disfranchised males was but 6 

 per cent. But since that time similar policies 

 have been adopted by other States, and to-day we 

 face the fact that 10 of the 45 States of this Union 

 have abridged their electorates, and that in these 

 the percentage of males, twenty-one years of age 

 and over, disfranchised, averages over 20 per cent. 

 The constitutions of several other States permit 

 such an abridgment. Besides, there are other 

 States preparing to adopt these policies and to 

 disfranchise thousands of men who to-day hold 

 the right of franchise. 



" In view of this remarkable tendency, it is in- 

 conceivable that Congress can longer permit the 

 fourteenth amendment to remain a dead letter, 

 and to pass a bill making an apportionment based 

 solely upon the population and neglecting the pro- 

 viso which applies to all States which have 

 abridged their electorate. We will not review the 

 past by any discussion of the question as to 

 whether the provisions of the fourteenth amend- 

 ment should have been made effective when the 

 last apportionment was made ten years ago. We 

 find to-day conditions existing which make its 

 enforcement imperative. I do not propose to dis- 

 cuss at this time whether the reasons given for 

 these abridgments by the people of the various 

 States are valid or not, though I have pronounced 

 views on the subject, and shall no doubt take 

 occasion to express them in this House at some 

 future time. I do not propose to enter into any 

 long discussion on the rights of man at this time, 

 for such a discussion could only befog the situa- 

 tion and render our duty less clear. I am simply 

 pointing out the conditions as they exist; I am 

 simply pointing out that the time has come when 

 the tendency of the States to abridge their elec- 

 torates has grovn to such proportions as to de- 



mand that this Congress shall proceed in a con- 

 stitutional manner in making the new apportion- 

 ment. I do not say that States have not the right 

 to establish educational qualifications for their 

 electors, but I do maintain that when they have 

 done so they must pay the penalty prescribed in 

 the Constitution, and have their representation 

 abridged proportionately. I do not say that we 

 shall punish only Louisiana; I do not say that we 

 shall punish only Massachusetts; I do not say that 

 we shall punish only California; but I do say and 

 insist, as the representative of a State in which 

 every male member twenty-one years of age and 

 over* is guaranteed the sacred right of franchise, 

 that there is a constitutional remedy prescribed 

 for their acts, and I do demand that that remedy 

 be applied. 



" In order that some understanding of the ques- 

 tion may be gained, I will briefly sketch the char- 

 acter of the electoral qualifications in the States 

 comprising each of our 4 great geographical sub- 

 divisions. In the 11 States comprising the 

 North Atlantic division Maine, New Hampshire, 

 Massachusetts, Connecticut, New York, New Jer- 

 sey, Pennsylvania, Vermont, Rhode Island, Dela- 

 ware, and Maryland are to be found 4 States 

 w T hich require an educational qualification for 

 suffrage. These are Connecticut and Massachu- 

 setts, which adopted the requirement in the mid- 

 dle of the century, and Maine and Delaware, 

 which have adopted it within the last decade. 

 An attempt to place an educational provision in 

 the new Rhode Island Constitution resulted in its 

 rejection by the people in 1899. The old property 

 qualifications which existed formerly in several 

 of these States have been swept away, Rhode 

 Island, a dozen years ago, being the last State to 

 w r ipe them out as a requisite to suffrage. The de- 

 mand for a poll-tax has also grown in disfavor 

 in this section. In Pennsylvania, however, a man 

 must have paid a State or county tax w r ithin two 

 years to be eligible to vote. In Massachusetts 

 before a man can register, he must prove that 

 he has been assessed to the payment of a poll-tax. 

 In New Hampshire a man who has been excused 

 at his own request from the payment of a tax may 

 not vote unless he first make a tender of the 

 amount of the tax. 



" In the Central Northern States Ohio, In- 

 diana, Illinois, Wisconsin, Iowa, Michigan, Minne- 

 sota, Missouri, Kansas, Nebraska, and Kentucky 

 are to be found no abridgment of the electorate. 

 On the contrary, we find extensions not found in 

 the Southern or Atlantic States in regard to In- 

 dian citizenship and suffrage. Michigan and Wis- 

 consin grant a vote to Indians not in the tribal 

 relation. Minnesota admits to the suffrage per- 

 sons of mixed white and Indian blood who have 

 adopted the customs and habits of civilization, 

 and also pure-blooded Indians who, upon examina- 

 tion before any district court of the State, may 

 prove that they have adopted the language, habits, 

 and customs of civilization and shall be pro- 

 nounced by the court capable of enjoying the 

 rights of citizenship within the State. It may be 

 interesting to note that the number of Indians 

 and half-breeds in Minnesota entitled to vote under 

 this provision is 1,342. Another peculiarity is the 

 extension of the right of suffrage on State affairs 

 in five of those States Indiana, Wisconsin. Mis- 

 souri, Kansas, and Nebraska to aliens. There 

 are no poll-tax requirements in the States of this 

 division. Indiana alone of this division disquali- 

 fies United States soldiers, sailors, and marines 

 from the right of suffrage. 



" In the Western division of States California, 

 Oregon, Nevada, Colorado, North Dakota, South 



