Chapter CXIII: Section 3: of Article 1 of the Constitution requires that

"Representatives … shall be apportioned among the several
States which may be included within this Union according to
their respective numbers. … The actual enumeration shall be
made within three years after the first meeting of the
Congress of the United States, and within every subsequent
term of ten years. … The number of Representatives shall not
exceed one for every 30,000; but each State shall have at
least one." The first meeting of Congress was in 1789; the
required first census of the United States was taken in 1790,
and, in obedience to the constitutional requirement, the
enumeration has been repeated within the closing year of every
decade since, to supply the basis for a new apportionment of
representatives among the States. The twelfth census, taken in
1900, called for such new distribution, and action upon it was
taken in Congress in January, 1901.

As the section quoted above stood in the Constitution until
1868, it contained a further clause, inserted as one of the
original compromises made between the slaveholding and the
free States, requiring that the determination of numbers to be
represented in the several States should be made "by adding to
the whole number of free persons, including those bound to
service for a term of years, and excluding Indians not taxed,
three-fifths of all other persons." This original clause of
the Constitution was superseded by the Fourteenth Amendment,
adopted in 1868, which introduced this new provision, in its
second section: "Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, except
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, Representatives in Congress, the executive
and judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants
of such 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." To many persons it seemed to be very clear that this
provision of the amended Constitution required account to be
taken of the qualifications by which a number of States have
abridged the suffrage, especially where done for the
understood purpose of disfranchising colored citizens and that
Congress was left with no discretion to do otherwise.

See, (in this volume),
LOUISIANA, NORTH CAROLINA, SOUTH CAROLINA,
MISSISSIPPI, and MARYLAND.

Those holding this view in the House of Representatives gave
support to the following resolution, introduced by Mr.
Olmsted, of Pennsylvania:

"Whereas the continued enjoyment of full representation in
this House by any State which has, for reasons other than
participation in rebellion or other crime, denied to any of
the male inhabitants thereof, being 21 years of age and
citizens of the United States, the right to vote for
Representatives in Congress, Presidential electors, and other
specified officers, is in direct violation of the fourteenth
amendment to the Constitution of the United States, which
declares that in such case '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 21 years of age in such State,' and is an invasion of
the rights and dignity of this House and of its members, and
an infringement upon the rights and privileges in this House
of other States and their representatives; and

"Whereas the States of Massachusetts, Maine, Connecticut,
Delaware, California, Louisiana, Mississippi, North Carolina,
South Carolina, Wyoming, Oregon, and other States do, by the
provisions of the constitutions and statutes of said States,
and for reasons other than participation in rebellion or other
crime, deny the right to vote for members of Congress and
Presidential electors, as well as the executive and judicial
officers of such States and members of the legislatures
thereof, to male inhabitants 21 years of age and over and
citizens of the United States; and such denial in certain of
the said States extends to more than one-half of those who
prior to the last apportionment of representation were
entitled to vote in such States; and

"Whereas in order that the apportionment of membership of the
House of Representatives may be determined in a constitutional
manner: Therefore, be it

"Resolved by the House of Representatives, That the Director
of the Census is hereby directed to furnish this House, at the
earliest possible moment, the following information;

"First. The total number of male citizens of the United States
over 21 years of age in each of the several States of the
Union.

"Second. The total number of male citizens of the United
States over 21 years of age who, by reason of State
constitutional limitations or State legislation, are denied
the right of suffrage, whether such denial exists on account
of illiteracy, on account of pauperism, on account of
polygamy, or on account of property qualifications, or for any
other reason.

"Resolved further, That the Speaker of the House of
Representatives is hereby authorized and directed to appoint a
select committee of five members from the membership of the
Census Committee of the House of Representatives, who shall
investigate the question of the alleged abridgment of the
elective franchise for any of the causes mentioned in all the
States of the Union in which constitutional or legislative
restrictions on the right of suffrage are claimed to exist,
and that such committee report its findings within twenty days
from the date of the adoption of this resolution to the said
Census Committee, and that within one week after the said
report shall have been received by the Census Committee the
Census Committee shall return a bill to the House of
Representatives providing for the apportionment of the
membership of the House of Representatives based on the
provisions of the fourteenth amendment to the Constitution of
the United States."

{675}

Republicans, hardly less than Democrats, in Congress and
outside, were averse to raising what could not fail to be a
burning sectional issue, and grounds for ignoring the
constitutional mandate were sought with considerable eagerness
on both sides. Strict obedience to the requirement of the
Constitutional provision was claimed to be impracticable, at
least within the time available for proceedings connected with
the present apportionment of representatives. Said one
speaker, opposing the resolutions in the House: "There is not
a State in this Union that has not added to or subtracted from
the Federal constitutional requirements—not one. … If there is
any addition, whether as a matter of police regulation or
otherwise, to the constitutional amendments regulating the
franchise and the resultant representation in this House—if
there is addition or subtraction of one iota—then those who
desire to live up to this Constitution, no matter whether they
ruin their neighbors, no matter whether they again kindle the
fires of sectional strife, those who in their love for the
Constitution are so mentally rigid that they would demand its
enforcement though they set the Union aflame, must include
every State in this Union."

Said another: "How would anybody find out how many people in
the State of Mississippi were disfranchised for the reasons
stated in this resolution? There is there an educational
qualification. How are you to determine how many of the men in
the State of Mississippi who did not vote, did not vote
because they were disfranchised under the educational
qualification? Then there is a qualification in extension and
not in limitation of the suffrage, saying that even those who
can not read and write may still vote, provided they can give
an understanding interpretation of the Constitution or any
part of it. How are you going to determine how many are
disqualified by that? And then there is a qualification which
says that those can not vote who shall not by a certain time
have paid their poll tax. Out of the number of people who did
not vote, how are you going to determine which of them have
not voted because of the educational qualification? Which
because of the understanding qualification? Which because of
the poll-tax qualification? Which because of the registration
qualification? How many because of the pure Australian ballot
which exists in the State of Mississippi? … There is not a
State in the Union which has the Australian ballot which by
the very fact and the necessity of voting according to that
Australian ballot does not prevent the citizen who can not
read and write from voting if he votes a split ticket of any
sort."

A third speaker remarked: "To live up to that amendment, 'that
no male inhabitant shall be deprived of suffrage except for
participation in the rebellion or other crimes,' the male
inhabitant, I take it, is he who has acquired domicile in that
State, and the moment that he acquires domicile, and is a
male, he is a 'male inhabitant' of that State, and entitled
at once to suffrage; and yet every State in the Union, I
believe without exception, has requirements as to residence
not only in the State, but in the city, in the county, in the
precinct and ward and the voting place; and everyone of those
requirements, as every gentleman on that side must admit, are
in direct conflict with and contravention of the fourteenth
amendment to the Constitution of the United States literally
construed."

But the advocates of obedience to the Constitution, supporting
the resolutions of Mr. Olmsted, planted their argument on the
very facts brought against it, as demonstrating the need of
measures to check a growing tendency in the country to
restrict the elective franchise. Said Mr. Shattuck, of Ohio:
"We find that in 1870 there were three States that had
abridged their electorates—California, Connecticut, and
Massachusetts. In these three States there was a
constitutional provision for an educational qualification,
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 ten
of the forty-five States of this Union have abridged their
electorates, and that in these the percentage of males 21
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 inconceivable 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 proviso 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 amendment
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
discuss at this time whether the reasons given for these
abridgments by the people of the various States are valid or
not. … 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 electorates has grown
to such proportions as to demand that this Congress shall
proceed in a constitutional manner in making the new
apportionment. 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.
{676}
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 21 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."

The following interesting table, showing the restrictions of
the electorate in the various States of the Union, was
appended to the remarks of Mr. Shattuck:

STATES.
REQUIREMENTS AS TO CITIZENSHIP. [First paragraph]

PERSONS EXCLUDED FROM SUFFRAGE. [Second paragraph]

ALABAMA.
Citizen of United States, or alien who has declared intention.

Convicted of treason or other crime punishable by
imprisonment, idiots, or insane.

ARKANSAS.
Citizen of United States, or alien who has declared intention.

Idiots, insane, convicted of felony until pardoned, failure
to pay poll tax, United States soldiers on duty in State.

CALIFORNIA.
Citizen by nativity, naturalization, or treaty of Queretaro.

Chinese, insane, embezzlers of public moneys, convicted
of infamous crime, person unable to read Constitution
in English, and to write his name.

COLORADO.
Citizen or alien, male or female, who has declared intention 4
months prior to election.

Under guardianship, insane, idiots, or imprisoned.

CONNECTICUT.
Citizen of United States.

Convicted of felony or theft, unless pardoned.
Person unable to read Constitution or statutes.

DELAWARE.
Citizen who has paid registration fee of $1.

Idiots, insane, paupers, felons. Person who can not
read the English language and write his name.

FLORIDA.
Citizen of United States.

Insane, under guardianship, convicted of felony or any
infamous crime.

GEORGIA.
Citizen of the United States who has paid all
his taxes since 1877.

Idiots, insane, convicted of crime punishable by imprisonment
until pardoned, failure to pay taxes.

IDAHO.
Citizen of the United States, male or female.

Under guardianship, idiots, insane, convicted of felony,
treason, or embezzlement of public funds, polygamist or
bigamist.

ILLINOIS.
Citizen of the United States.

Convicted of felony.

INDIANA.
Citizen of United States, or alien who has declared intention
and resided 1 year in United States and 6 months in State.

Convicted of crime and disfranchised by judgment of the court,
United States soldiers, sailors, and marines.

IOWA.
Citizen of the United States.

Idiots, insane, convicted of infamous crime.

KANSAS.
Citizen of United States, alien who has declared intention, or
[under] treaties with Mexico.

Felons, insane, duelists, rebels, not restored to
citizenship, under guardianship, public embezzlers,
offering or accepting a bribe.

KENTUCKY.
Citizen of the United States.

Treason, felony, bribery at election.

LOUISIANA.
Citizen of United States or alien who has declared intention.

Idiots, insane, convicted of treason, embezzlement of public
funds, all crime punishable by imprisonment in penitentiary,
persons unable to read and write, and not owning property in
the State assessed at $300, or not the son or grandson of a
citizen of the United States prior to January 1, 1867, person
who has not paid pool tax.

MAINE.
Citizen of the United States.

Paupers, persons under guardianship, Indians not taxed, and in
1893 all new voters who can not read the Constitution or write
their own names in English.

MARYLAND.
Citizen of the United States.

Convicted of larceny or other infamous crime, unless pardoned,
persons convicted of bribery.

MASSACHUSETTS.
Citizen of the United States.

Paupers and persons under guardianship, person who can not
read Constitution in English and write his name.

MICHIGAN.
Citizen or inhabitant who has declared intention under United
States laws 6 months before election and lived in State
2½ years.

Indians, duelists, and accessories.

MINNESOTA.
Citizen of United States or alien who has declared intention,
and civilized Indians.

Convicted of treason or felony, unless pardoned, persons
under guardianship or insane.

MISSISSIPPI.
Citizen of the United States.

Insane, idiots, Indians not taxed, felons, persons who have
not paid taxes, persons who can not read or understand
Constitution.

Missouri.
Citizen of United States or alien who has declared intention
not less than 1 year or more than 5 before offering to vote.

United States soldiers and marines, paupers, criminals
convicted once until pardoned, felons and violators of
suffrage laws convicted a second time.

MONTANA.
Citizen of the United States.

Felons, unless pardoned, idiots, insane, United States
soldiers, seamen, and marines, Indians.

NEBRASKA.
Citizen of United States or alien who has declared intention.

Convicts.

NEVADA.
Citizen of the United States.

Idiots, insane, unpardoned convicts, Indians, Chinese.

NEW HAMPSHIRE.
Citizen of United States.

Paupers (except honorably discharged United States soldiers
and sailors), persons excused from paying taxes at their own
request,

NEW JERSEY.
Citizen of the United States or alien who has declared
intention 30 days prior to election.

Idiots, insane paupers, persons convicted of crimes (unless
pardoned) which exclude them from being witnesses.

NEW YORK.
Citizen who shall have been a citizen for 90 days.

Convicted of bribery or any infamous crime, Indians under
tribal relations.

NORTH CAROLINA.
Citizen of the United States.

Convicted of felony or other infamous crime, idiots,
lunatics, persons unable to read or write, unless lineal
descendant of citizen of United States prior to January 1,
1867, nonpayment of poll tax.

NORTH DAKOTA.
Citizen of the United States, alien who has declared
intention 1 year, and civilized Indian.

Under guardianship, persons non compos mentis, or convicted
of felony and treason, unless restored to civil rights.

OHIO.
Citizen of the United States.

Felony until pardoned, idiots, insane, United States
soldiers and sailors.

{677}

OREGON.
Citizen of Unite States or alien who
has declared intention 1 year preceding election.

Idiots, insane, convicted of felony, United States soldiers
and sailors, Chinese.

PENNSYLVANIA.
Citizen of the United States at least 1 month, and if 22 years
old or more, must have paid tax within 2 years.

Convicted of some offense whereby right of suffrage is
forfeited, non taxpayers.

RHODE ISLAND.
Citizen of the United States.

Paupers, lunatics, persons non compos mentis, convicted
of bribery or infamous crime until restored to right to
vote under guardianship.

SOUTH CAROLINA.
Citizen of the United States.

Convicted of treason, murder, or other infamous crime,
dueling, paupers, insane, idiots, person who has not
paid poll tax, who can not read an write any section of
the State constitution, or can show that he has paid all
taxes on property within the State assessed at $300.

SOUTH DAKOTA.
Citizen of the United States or alien
who has declared intention.

Under guardianship, idiots, insane, convicted of treason
or felony, unless pardoned.

TENNESSEE.
Citizen of the United States who has paid poll tax of
preceding year.

Convicted of bribery or other infamous offense.

TEXAS.
Citizen of the United States or alien who has declared
intention.

Idiots, lunatics, paupers, convicted of felony, United
States soldiers and seamen.

UTAH.
Citizen, male and female.

Idiots, insane, convicted of treason or violation of
election laws.

VERMONT.
Citizen of the United States.

Those who have not obtained the approbation of the board of
civil authority of the town in which they reside.

VIRGINIA.
Citizen of the United States.

Idiots, lunatics, convicted of bribery at election,
embezzlement of public funds, treason, felony and petty
larceny, duelists and abettors unless pardoned by legislature.

WASHINGTON.
Citizen of the United States.

Indians not taxed, idiots, insane, persons convicted of
infamous crimes.

WEST VIRGINIA.
Citizen of the State.

Paupers, idiots, lunatics, convicted of treason, felony, or
bribery at elections.

WISCONSIN.
Citizen of the United States or alien who has declared
intention.

Insane, under guardianship, convicted of treason or felony,
unless pardoned, Indians having tribal relations.

WYOMING.
Citizen of the United States, male and female.

Idiots, insane, persons convicted of infamous crimes unless
restored to civil rights, unable to read State constitution.

_Congressional Record, January 4-5, 1901,
pages 618-20, and 662-5._

The resolutions of Mr. Olmsted were not adopted. The
reapportionment was made on the basis of the totals of the
census returns, with no reckoning of any denials of the right
to vote. The following is the text of the Act, as passed and
approved January 16:

"Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That after
the third day of March, nineteen hundred and three, the House
of Representatives shall be composed of three hundred and
eighty-six members [the existing number being 357] to be
apportioned among the several States as follows:

Alabama, nine;
Arkansas, seven;
California, eight;
Colorado, three;
Connecticut, five;
Delaware, one;
Florida, three;
Georgia, eleven;
Idaho, one;
Illinois, twenty-five;
Indiana, thirteen;
Iowa, eleven;
Kansas, eight;
Kentucky, eleven;
Louisiana, seven;
Maine, four;
Maryland, six;
Massachusetts, fourteen;
Michigan, twelve;
Minnesota, nine;
Mississippi, eight;
Missouri, sixteen:
Montana, one;
Nebraska, six;
Nevada, one;
New Hampshire, two;
New Jersey, ten;
New York, thirty-seven;
North Carolina, ten;
North Dakota, two;
Ohio, twenty-one:
Oregon, two;
Pennsylvania, thirty-two;
Rhode Island, two;
South Carolina, seven;
South Dakota, two;
Tennessee, ten:
Texas, sixteen:
Utah, one;
Vermont, two;
Virginia, ten;
Washington, three;
West Virginia, five;
Wisconsin, eleven; and
Wyoming, one.

"SECTION 2.
That whenever a new State is admitted to the Union the
Representative or Representatives assigned to it shall be in
addition to the number three hundred and eighty-six.

"SECTION 3.
That in each State entitled under this apportionment, the
number to which such State may be entitled in the Fifty-eighth
and each subsequent Congress shall be elected by districts
composed of contiguous and compact territory and containing as
nearly as practicable an equal number of inhabitants. The said
districts shall be equal to the number of the Representatives
to which such State may be entitled in Congress, no one
district electing more than one Representative.

"SECTION 4.
That in case of an increase in the number of Representatives
which may be given to any State under this apportionment such
additional Representative or Representatives shall be elected
by the State at large, and the other Representatives by the
districts now prescribed by law until the legislature of such
State in the manner herein prescribed, shall redistrict such
State; and if there be no increase in the number of
Representatives from a State the Representatives thereof shall
be elected from the districts now prescribed by law until such
State be redistricted as herein prescribed by the legislature
of said State; and if the number hereby provided for shall in
any State be less than it was before the change hereby made,
then the whole number to such State hereby provided for shall
be elected at large, unless the legislatures of said States
have provided or shall otherwise provide before the time fixed
by law for the next election of Representatives therein.

"SECTION 5.
That all Acts and parts of Acts inconsistent with this Act are
hereby repealed."

No existing State quota was reduced by the new apportionment,
and the gains were as follows:
Illinois, New York and Texas, 3;
Minnesota, New Jersey and Pennsylvania, 2;
Arkansas, California, Colorado, Connecticut, Florida,
Louisiana, Massachusetts, Mississippi, Missouri, North
Carolina, North Dakota, Washington, West Virginia and
Wisconsin, 1.

{678}

That clause of the third section which requires districts to
be "composed of contiguous and compact territory" is intended
to be a bar to the partisan trick called "gerrymandering." The
vote on the bill in the House (165 against 102) was singularly
non-partisan. The minority was said to be composed of exactly
the same number of Republicans and Democrats, 51 of each, and
in the majority vote there were included 84 Republicans and 81
Democrats. The vote was also non-sectional, except that New
England voted almost solidly for the measure. East, South and
West the State delegations were almost equally divided.

UNITED STATES OF AMERICA: A. D. 1901 (February).
Act to increase the standing army of the nation to 100,000 men.

In his annual Message to Congress, December 3, 1900, the
President set forth the military needs of the country, created
by its new policy of imperial expansion, and recommended that
the permanent army be raised to 100,000 in number, from 45,000
to 60,000 of which would be required in the Philippine Islands
until their people were made submissive to the authority of
the United States. In accord with the executive
recommendation, Congress passed "an Act to increase the
efficiency of the permanent military establishment of the
United States," which became law by the President's signature
on the 2d of February, 1901. Its first section provides that
"from and after the approval of this Act the Army of the
United States, including the existing organizations, shall
consist of fifteen regiments of cavalry, a corps of artillery,
thirty regiments of infantry, one Lieutenant-General, six
major-generals, fifteen brigadier-generals, an
Adjutant-General's Department, an Inspector-General's
Department, a Judge-Advocate-General's Department, a
Quartermaster's Department, a Subsistence Department, a
Medical Department, a Pay Department, a Corps of Engineers, an
Ordnance Department, a Signal Corps, the officers of the
Record and Pension Office, the chaplains, the officers and
enlisted men of the Army on the retired list, the professors,
corps of cadets, the army detachments and band at the United
States Military Academy, Indian scouts as now authorized by
law, and such other officers and enlisted men as may
hereinafter be provided for." A subsequent section enacts that
the total enlisted force of the line of the army shall not exceed
at any one time 100,000.