MC- mLF ^^ ^^a Ql^ ?:^.c^c<- " ^^ i^ffi^^^i^ I^I1^K^K\ University of California <^rIKn" OK %eceived zAcccssions No.S^^S^^- Class No. Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/americancitizensOOevanrich American Citizenship ; THE RIGHT OF SUFFRAGE IN THE UNITED vSTATES. ^ By TALIESIN EVANS, [editors' edition.] y4> 0» THE 'uriwhvsitt; Tribune Print, Oakland, Cal. 1892. CONTENTS. /? j American Citizenship i ^ I.— Federai. Citizenship .... 2 } II.— State Citizenship . . . . . 54 V The Right of Suffrage .... 61 ij I.— Voting Qualifications in the Severai. States 85 / II. — Voting Quawfications in the Territories 140 '7 III.— The District of Coi^umbia . . .141 ' absence. It is still the language and intent of the law that the applicant shall have been a bona fide resident of the United States for an unbroken period of five years, to enable him to be lawfully admitted to citi- zenship. To what extent an alien resident may absent himself from the countrj-, if at all, to sojourn in a foreign country, and not lose his bona fide residence in the United States, and not forfeit the benefits accruing to him under the naturalization laws from that residence, is undeter- mined. He may have no more right to leave the country (i) 4 Peters, 393 ; i Cxanch, 186, 219, 243 ; 1 Peters, 457. (a) 9 Stat., 240. FEDERA.L CITIZENSHIP. 21 now for any purpose, or for any period of time, no matter how brief, than he had before the surplusage quoted was stricken out by Congress; for, in leaving tlie country, he passes out of the dominion and jurisdiction of the United States, and, being a foreign subject, he owes no allegiance to the Federal government (i). At all events, it is self- (i) There is nothing in any of the cases reported in the books indicating that the applicant for citizenship may. during the time he is acquiring a residence qualification, leave the country for any length of time, or for any purpose, except as a mariner ser\-ing in an American merchant vessel, without forfeit- ure of that which he may have previouslv gained. And the residence must be or a permanent nature, such as to show the bona fide intention of the applicant to remain permanently in the country. Sojournment or transi or}' residence is not enough. 'Proof that the applicant has cottinued within the jurisdic- tion of the United States for more than the required five years is not enough. The law contemplates territorial residence." k4 N. K. Leg. Obs., gS;i Abb. Dig., 62S). An alien might, for instance, travel throughout the United States, from place to place, for purposes of pleasure or business, covering a period of five years or more, without acquiring fixed residence anywhere. He would thus" have been continuously within the dominion and' jurisdiction of the United States, nevt rtheless he would be disqualified for admission to citizen- ship, tor the reason that he was merely a sojourner and not a resident. Being continuously within the dominion and jurisdictiou of the United States dees not im ly residence, but continuity of residence in the United States does imply being continuously w.thin its dominion and jurisdiction. Several cas s are recorded in which tlie courts have pas.sed upon the subject of continuity of resi ence as an essential element in the admission of an appli- cant for citizenship. In 1804, an alien named Walton applied to the Circuit Court at Alexandria for citizenship. An affidavit was submitted in his behalf, which showed that the applicant had "resided within the United States upwards of .six years ; that during that period he was absent from the country a short time on busi- ness, but left his family in the United States ; that he had resided for more than one year last past in Alexandria, in the Distri t of Coluiubia, and that during all the afore.'^aid time he has behaved as a man of t^ood moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same ; that the said Walton removed to the United States, as this deponent understood, and doth verily believe, with tl e intention of making said States his place of permanent resi- dence, and that he hath not relinquished his inte 'tion." The application was objected to and rejected by the court, because the residence did not appear to be a continued residence.—/ Cranch, 1S6. Another alien, named James Saunderson, applied to the same Court for admission to citizenship, in which it appeared that the continuity of his resi- dence had been disturbed. William Hodgson, the witness testifying to the applicant's residence, filed an affidavit setting forth that Saunderson came to the United States in October, 1797, and continued to reside here until 1800, when he went to England and returned in April, i8ci. In the fallofiSoi, he went to England again, and returned to the United States in 1S02, after that remaining continuously in Alexandria until the date of his application for admission to citizenship, the various periods of his residence in the 22 FEDERAL CITIZENSHIP. evident that a removal from the United States into a for- eign country, and there engaging in his regular occupa- tion, or in any permanent form of trade, requiring presumptively regular and permanent residence therein, would be, in itself, conclusive proof of an abandonment of the residence previously acquired in the United States, and a voluntary surrender of all advantage in the process of naturalization gained through it, for it would demonstrate that the intent of the applicant for citizenship was not bona Jide. And a declaration of intention to become a citizen of the United States, made in due form prior to removal to a foreign country, would not avail, for like reason. It is evident Congress had in mind the possibility of such a combination of circum- stances. And its intention that an alien's residence in the United States, so interrupted, should operate to his disadvantage, was clearly manifested in the fact that it made an exception in the case of a seaman, being a for- eigner, who desired to acquire citizenship by naturaliza- tion, by providing that after a declaration of his inten- tion to become a citizen had been made, followed by three years' service on board of a merchant vessel of the United States, he could acquire it on application to any competent court, the production of a certificate of dis- country, when combined, aggregating more than five year . The Court re- fused to admit him, because he had not continued, to reside according to the act of 1804. — I Crunch, 2ig. The application of an alien, named Pasqualt, to be naturalized, in whose favor an affidavit showed that he had resided in Alexandria upwards of five years, and that he had during that time sailed from the port of Alexandria in American vessels, as a mariner, was granted, and he was admitted (/ Cranch, 243), because his absence from the country was clearly admissible under that provision of the naturalization laws defining the manner in which an alien seaman may be admitted to citizenship. (See p. 23.) FEDERAL CITIZENSHIP. 23 charge and good conduct and of the certificate of his dec- laration of intention. The acquirement of Federal cit- izenship under these favorable conditions is permissible only for the specific purpose of pursuing his ^vocation as a seaman thereafter on merchant vessels carrying the flag of the United States. " Every seaman, being- a foreigner, who declares his intention of becom- ing a citizen of the United States, in any competent court, and shall have served three years on board of a merchant vessel of the United States subse- quent to the date of such declaration, may, on his application to any compe- tent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of inten- tion to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of man- ning and serving on board any merchant vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such a citizen." — Rev. Slats. U. S. , Sec. 2174. But the three years' service, as a seaman, has to be rendered on a vessel belonging to the mercantile (i) marine of the United States, which, b}^ a fiction of law, as previously stated (2), is constructively a part of the United States. He will have been, thus, in the pursuit of his regular occupation, in the eyes of the law, a con- tiauous resident ot the United States for the required period subsequent to the declaration of his intention to become a citizen. Any interruption to the continuity of this service, by employment as a seaman on a vessel sailing under a foreign flag, or under another employer on foreign soil, would be fatal to his claim for admission to citizenship and serve as a forfeiture of whatever ad- vantage he had previously gained through his declara- (1.) It has been held that this section of the naturalization laws does not apply to the nav ^l service.—/^ Phila., 211. (2) See " Federal Citizenship by Inheritance," p. 5. 24 FKDERAL CITIZENSHIP. tion and the service he had rendered on an American vessel following it, for the reason that he, being still a foreign subject, had gone without the " dominion and jurisdiction of the United States" during the period of his employment in a foreign vessel or on foreign soil. In like manner, and for like reason, A. B., who has been a resident of the United States for three years, declares his intention to become a citizen of the United States and then removes to a foreign state where he follows his or- dinary i vocation, has, on his return to the United States, forfeited all the advantage gained by him through his past residence and his declaration of intention ; and to lawfully acquire Federal citizenship, it will be necessary for him to begin de novo, as if he had never been a resi- dent of the United States, or had never made a declaration of intention to become a citizen. A residence thus inter- rupted can not have been continuous, an.d it has not, therefore, been bona fide. Residence is, consequently, an essential element in the naturalization of an alien. If there is any irregularity in this respect, it must, neces- vSarily,' be fatal to all other proceedings in the applicant's efforts to become naturalized. A declaration of inten- tion makes no change in an alien's allegiance. He re- mains as much a subject of a foreign country as if he had made no declaration of intention to renounce his allegi- ance to it ; and he continues to owe allegiance to it until the laws of this country permit him to perform the final act of renunciation ; that is, "a foreign subject remains such until naturalization is complete according to our FEDERAL CITIZENSHIP. 25 laws (i)." He owes no allegiance to the government of the United States ; nor has that government any claim upon his allegiance until his original allegiance shall have been renounced. As a foreigner residing within the dominion of the United States, the Federal govern- ment has nominal jurisdiction over him. But if he passes out of its dominion, he also passes out of its jurisdiction, and the act must be construed as an abandonment of his declared intention to become a citizen of the United States; and all the advantage he may have acquired under such declaration, and during the time of his residence within the dominion and under the jurisdiction of the United States, up to the time of leaving such dominion and escaping from such jurisdiction, will have been for- ever forfeited. Return to the country does not relieve the forfeiture, no matter how brief the absence from it or the object of such absence. Wherever it has been possible for Congress to express, in the naturalization laws, the necessity for the intending citizen to preserve an unbroken residence during the probationary term of five years, so as to regularly qual- ify, it has emphasized the declaration, even going so far as to refuse to permit the oath of the applicant on the subject to be taken by the court, placing that responsible duty upon those who are citizens, on the presumption that their loyalty to the government is a barrier to fraud, and their disinterestedness a defence against perjury, which a foreigner, in his overweening desire to acquire Federal citizenship, might be tempted to commit. (1) ^4 DUlon, 425 ; 25 F. R., 673 ; 3 Wall jr. i. 26 FEDERAL CITIZENSHIP. "The oath of the applicant shallin no case be allowed to prove his resi- dence."— 7?^^. Siats. U. 5., Sec. 2165, Subdiv. j. If the court should take his testimony on the subject under oath, and he should swear falsely, it cannot form the basis of a charge of perjury, for the reason that it is extra judicial (i). The courts, therefore, require the testimony, under oath, of at least two citizens of good standing to determine the residence qualification of the applicant, it being reasonably presumed that their loy- alty to the government and to the principles of our re- publican institutions, will prevent them from giving false evidence.. Should they, however, testify falsely, they may be held for perjury. These witnesses must be able to testify under oath, of their own knowledge (2), that the applicant has been a resident of the United States for five years at least, and within the State or Territory wherein the court is held for at least one year (see p. 19). But the order of a court of competent jurisdiction admit- ting an alien to citizenship, is in the nature of a judg- ment, and, in the absence of fraud, is conclusive as to the question of the requisite length of residence of the naturalized citizen in the United States (3). The nat- uralization of an alien, as a citizen of the United States, is strictly a judicial act. The action of the court must be entered of record as its judgment, and, if valid, it is final, and closes inquiry (4). But, per contra, if it be shown to the satisfaction of the court that it has been (i) 30 Fed. Rep., 672 ; 5 Abb. Dig., 96. (2) "Naturalization cannot be proved by parol."— j/ Fed. Rep., 106 ; sAbb. Dig; 95. (3) 2 Abb. U. S , 434 ; 4 Peters, 393. (4) 31 Fed. Rep. 106 ; 5 Abb, Dig. 96. FEDERAL CITIZENSHIP. 27 imposed upon and deceived; and that naturalization has been secured by fraud, it has the power and must set aside the order admitting the alien to citizenship, which act restores him to his original allegiance ; but the wit- nesses, through whose false testimony the court was im- posed upon and the fraud was committed, may be held for perjury. The applicant for admission to Federal citizen- ship must be acquainted with the provisions of the Federal Constitution and in sympathy with its principles, otherwise he cannot intel- ligently and truthfully declare that he will support it or the government of which it is the fundamental law. He must, also, sever absolutely all his civil and political ob- ligations to the sovereignty of which he has been, up to that time, a subject or citizen, for there can be no sincer- ity or security in a divided allegiance. He shall, at the time of his application to be admitted, declare, on oath, before some one of the courts above specified, that he will support the Con- stitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance to every foreign prince, potentate, state, or sov- ereignty ; and, particularly, by name, to the prince, potentate, state, or sov- ereignty of which he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the court.— ^^z/. Siais. U. S., Sec. 2165, Sub. Hereditary Titles a7id Orders of Nobility. Hereditary titles and orders of nobility are outgrowths of monarchical institutions, repugnant to our form of gov- ernment, which is • 'of the people, by the people and for the people," and in violent antagonism to that funda- mental truth which constitutes the foundation stone of American liberty — "that all men are created equal (i).'* (i) Declaration of Independence. 28 PKDKRAI. CITIZE:nSHIP. Such titles and orders also carry with them obligations, more or less specific and binding, from the wearer to the State and government whence they have been derived. If, therefore, an alien applying for Federal citizenship, is possessed, by inheritance or by investiture, of any title or order of nobility, he cannot qualify and retain any of these dignities. They must be surrendered absolutely and irrevocably. The law permits no compromise on the subject. If, then, the law is so unyielding on the subject of the retention of any hereditary title or order of nobil- ity, it is reasonable to presume that the acceptance by an American citizen, whether native-born or naturalized, of any order of nobility or title from any foreign prince, or potentate, sovereignty or state, unless Congress by special act should consent, places his citizenship in jeopardy, if he does not in fact forfeit it ; for, inasmuch as the renun- ciation of such title or order is made a special condition of admission to citizenship, and its retention constitutes a bar, an acceptance of it by a citizen will, by the same process of reasoning, work a forfeiture of citizenship (i). So repugnant were orders of nobility and hereditary titles to the founders of the Government that special prohib- itory provisions relating to them were incorporated in the Federal Constitution. (i) The author is free to admit that the Federal Constitution is silent as to citizens not holding public office. Orders of nobility have been conferrf d on American citizens by foreign princes, and accepted by them without asking for or receiving the consent of Congress, and without surrender of their citi- zenship. Their right to accept such order of nobility and retain citizenship has never, so far as the author has been able to discover, been brought under judicial consideration, and it is, therefore, still open. However, there can be no resisting the conclusion that if a national favor is secured by a special re- nunc ation, an acceptance of that which serves as a bar to receiving that favor must of itself operate as a forfeiture of the favor. FEDERAI. CITIZENSHIP. 29 Sec. 9. * * * No Title of Nobility shall be granted by the United States. And no person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any Present. Emolument, Office or Title of any kind whatever, from any King, Prince or foreign State, Sec. 10. No State shall * * * grant any Title of Nobility.— ^r/. /, Constitution of the United States. In case the alien applying to be adnitted to citizenship has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobi ity in the court to which his application is made, and his renunciation shall be recorded in the court. — Rev. Stats. U. S., Sec. 2165, Sub. 4. Most of the State constitutions also contain provisions prohibiting the issuance of orders of nobility or the grant- ing of hereditary titles by the State. Naturalization by Privilege. There are exceptions to some of the foregoing rules of naturalization provided for by statute, and which may be classed as privileged. The case of the widow and orphans of an alien resident who, after declaring his intention to become a citizen of the United States, is prevented by death from fulfilling the other requirements of the nat- uralization laws and completing his citizenship, has already been cited (see p. 8). Another exception is made in the case of an alien who does military service for the country. An alien who offers his life in the service of the United States, offers, it is presumed, the strongest evidence of his devotion to the principles of the govern- ment and republican institutions, and a bona fide desire to adopt them as his own. He is, therefore, privileged to be admitted to Federal citizenship after one year's residence in the United States, coupled with an honorable discharge 30 FBDBRAI. CITIZENSHIP. from the service of the United States, provided he was of age at the time of his enlistment. Any alien, of the age of twenty one years and upward, who has enlisted, or may enlist, in the armies ol the United States, either the regular or the volun- teer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United states, upon his petition, without any previous declaration of his intention to become such ; and he shall not be required to prove more than one year's residence within the United States pre- vious to his application to become such citizen ; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's hav- ing been honorably discharged from the service of the United States.— ^^z*. Stats. U.S., Sec. 2166. An alien, who has done military service for the United States, may thus acquire Federal citizenship without making any declaration of his intention to become one, his enlistment being accepted as a satisfactory substitute therefor. This rule also applies to the navy (i), but not to marines (2). Naturalization without Probatio7i after Declaration of Inte7itio7i. It is possible, however, for an alien who has rendered no military or other service to the United States, which would entitle him to be privileged, to acquire Federal citizenship without submitting to any interval of proba- tion between the time the declaration of intention is made and the consummation of the final act of admission. The declaration of intention, in such a case, shall be made at the time of admission, and must be retro-active in its form, namel}^ that, for tivo years next preceding^ it has been the applicant's bo7ia fide intention to become -a citizen of the United States. The alien coming under (1) 7 Rob., N. Y., 635. (2) 2 Sawyer, 200; 2 Daly, N. Y., 525. FEDKRAI. CITIZENSHIP. 3 1 the Operation of this statutory provision must have reached the United States at least three years next pre- ceding the attainment of his majority. But he cannot claim admission until he shall have resided continuously in the country for a period of five years, including what- ever portion of his minority (if it be not less than three years) he may have resided continuously in the United States. But the continuity of his five years' residence is just as essential to his acquirement of Federal citizen- ship, when he enters the country as a minor, reliant upon the merits of residence only for a proper qualifica- tion, as it would have been had he entered the United States after reaching his majority. The declaration of intention, in a minor's case, follows the period of proba- tion, instead of preceding or intersecting it, as in the case of an adult alien. "Any alien, being under the age of twenty-one years, who has resided in the United States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admit- ted a citizen thereo, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without hav- ing made the declaration required in the first condition of section twenty-one hundred and sixty-five ; but such alien shall make the declaration required therein at the time of his admission ; and shall further declare, on oath, and prove to the satisfaction of the court, that for two years next preceding, it has been his *o«a /?cf^ intention to become a citizen of the United States ; and he shall in all other respects comply with the laws in regard to naturalization."— Rev. Stats. U. S., Sec. 2167. FEDKRAIy CITIZENSHIP BY TREATY. It has already been shown how the Russian citizens of Alaska, Mexicans inhabiting the territory ceded under the treaty of Guadalupe Hidalgo, the Spanish citizens of the Floridas, and the French citizens of I^ouisiana, were 32 FKDKRAL CITIZENSHIP. endowed, at the time of the territorial transfer, with the right of United States citizenship by special provisions in each of the several treaties ratified by the powers con- cerned (see p. lo). By treaty, some of the Indian tribes have, also, been enabled to acquire Federal citizenship. The Wyandotts, the Pottawatomies, the Ottawas, the Delawares, Miamis, and various tribes in Kansas, have been admitted to Federal citizenship by treaty at intervals during the past forty years. But the subject is discussed at greater length in another part of this volume in consid- ering the political status of the aboriginal tribes. FKDKRAI, CITIZENSHIP BY SPECIAL CONGRESSIONAL LEGISLATION. The act of Congress providing an uniform rule of nat- uralization for the guidance of all the States and Territo- ries in the admission of aliens to citizenship contained several provisions for the special admission of persons therein specified. For those aliens who were residing in the United States before January 29, 1795, a term of two years comprised the residence qualification, with, of course, the customary abjuration of allegiance and fidelity to any foreign power and a sworn declaration to support the Federal Constitution. Any alien who was residing within the limits and under the jurisdiction of the United States before the twenty-ninth day of January, one thousand seven hundred and ninety-five, mav be admitted to become a citizen, on due proof made to some one of the courts above specified, that he has resided two years, at least, within the jurisdiction of the United States, and one year, at 'least, immediately preceding his application , within the State or Territory where such court is at the time held ; and on his declaring on oath that he will sup- port the Constitution of the United States, and that he absolutely and en- tirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly, by name, to the J'^EDBRAL CITIZENSHIP. ^ 33 princ^, potentate, state, or sovereignty whereof he was before a citizen or subject ; and, also, on its appearing to the satisfaction of the court, that dur- ing such term of two years ne has behaved as a man of good moral character, attached to the Constitution of the United States, and well disposed to the good order ^nd happiness of the same ; and where the alien, applying for ad- mission to citizenship, has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, more- over, making in the court an express renunciation of his title or order of no- bility. All of the proceedings, required in this condition to be performed in the court, shall be recorded by the clerkthereof — ^ <5) 6 Sawyer, 406. if XTH IVERSITY ^too'R^V 4^ FEDERAL CITIZENSHIP. ical disability disappeared at the same time by their absorption into the body-politic as Federal citizens, equipped with the right to the enjoyment of all their ** immunities and privileges." Some of the Sioux tribes, the Winnebagos, the Brothertown and the Stock- bridge Indians, have been granted Federal citizenship by special acts of Congress duly naturalizing them. Since the passage of the act of March 3, 1871, the treaty-mak- ing power with Indian tribes has ceased, and the natu- ralization of Indians by that process is no longer possible. But, although ineligible to Federal citizenship, except by some special act of government removing his disabil- ity, the Indian is qualified to hold office. He is not disqualified from holding even so important an office as that of Chief of Bureau, under the Constitution and laws of the United States (i). Full blood Indians have held important offices in some of the States, al- though their ineligibility to State or Federal citizenship had never been removed (2), and their right to hold such offices was not disputed. An Indian has, also, the stat- utory right of a freeholder, under existing treaties with his tribe, provided he severs his tribal relations. Whenever any Indian, being a member of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being de- sirous to adopt the habits of civilized life, has had a portion of the land be- longing to his tribe allotted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such meas- ures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him. — Rev. Stats. U. S., Sec. 2ii<). (i) 13 Atty. Gen. op., 27. (2) Full blood Cherokees have held the office of Sheriff in California, where the qualifications of an elector is the same as that of a Fed- eral citizen. I'^EDERAL CITIZENSHIP. 49 But, in thus becoming an independent freeholder, and in thus severing his tribal relations, he does not acquire the ' 'immunities and privileges' ' of Federal citizenship (i). Alien Criminals Ineligible. Persons of foreign birth and allegiance, who cannot prove good moral character during their probationary residence in the United States, or who, during any period of their residence in the country before the five years re- quired b}^ law to establish a residence qualification for naturalization purposes, have been convicted of crime, or have openly violated the penal laws of the land, are in- eligible to citizenship (2). FORFEITURE OF FEDERAI. CITIZENSHIP. Federal citizenship may be forfeited by an unlawful act of the holder. Desertion from the army or navy of the United States is a forfeiture of all the rights and benefits of citizenship. But the disbandment of the Union forces by land and sea, at the close of the War of the Rebellion, made it necessary to cover, by special enactment, premature aban- donment of the naval or military service, so as to save the constructive deserter from outlawry and its conse- quences. Congress, therefore, decreed: (1) An Indian ineligible to Federal citizenship may, however, be admitted to practice at the bar of the Federal Courts. Hiiam Chase, an In- dian of full blood, belonering to the Omaha tribe, was admitted to. practice in the United States Circuit Court of Nebraska, at Omaha November 10, 1891, by Judge Elmer S. Dundy. (2) 5 Sawyer, 195 ; 18 Abb. Law J., 153; 6 F. R., 293. (see, also, note, p. 17.) 50 FKDKRAI. CITIZENSHIP. All persons who deserted the military or naval service of the United States and did not return thereto to report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the nth day of March, 1865, are declared to have voluntarily relinquished and for- feited theii rights of citizenship, as well as their rights to become citizens ; and such deserters shall be forever incapable of holding anv office of trust or profit under the United States, or of exercising any rights of citizens thereof. —Rev. Stats. U. S., Sec, 1996. Exceptions were made in favor of him who aban- doned the military or naval service on the virtual close of the war and the expiration of the term of his enlistment, without lawful authority, the presumption being in his favor that such abandonment was not intended to defraud, and did not defraud the country of any of the service he owed it under the terms of his enlistment. Such a person, although technically a deserter, not having received his regular discharge, was specially relieved of the disability which his desertion imposed upon him, and Congress de- creed, as follows: No soldier or sailor, however, who faithfully served according to his en- listment until the 19th day of April, 1865. and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurredlunder the preceding section [1996J, by the loss of citizenship and the right to hold office, in consequence of his desertion.— ^(?z;. Stats. U. S., Section 1997. But for the proper government of the army and navy of the United States, wilful desertion of a member of either service is an act which deprives him of all ' ' im- munities and privileges of Federal citizenship." And evasion of a draft for military or naval service has the same effect. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, law- fully ordered, shall be liable to all the penalties and forfeiture of section i^—Rev. Stats. U. S., Sec. 1998. FEDERAL CITIZENSHIP. 5 1 Conviction of an infamous crime operates as a forfeiture of the ''immunities and privileges" of citizenship. [What constitutes an infamous crime does not appear to have been, at any time, clearly defined. The general p oposition that any offence which would induce the infliction of the death penalty on the offender, or result in his consignment to the penitentiary, is not satisfactory, for it is not general in its application. And the definition given by Bouvier— "a crime which works infamy on one who has committed it" — is too indefinite altogether and needs further explanation. The same authority defines "infamy" as "That state which is produced by the conviction of a criminal and the loss of honor," The crime which renders the infamous person incompetent as a witness. — Treason, 6 Mod., i6, 74; Felony, 2 Buhtr., 154; Coke, Ltit.,6; i T. Raym., 364; Receiving Stolen Goods, t Mete, Mass., 500 (but obtaining goods under false prett-nces does not impair his competency as a witness, 11 Mete, Mass., 302); all offences founded in fraud and which come within the general notion of the crimen falsi oi the Roman law, i Leach, 4g6; as perjury and forgerv, Coke, Litt.,6; Fost.,2og; piracy, 2 Rolle A dr., 886; swindling, cheating, Fost., 2og; barratry, 2Salk. 6c/o; conspiracy, / Leach Co. cor., 442; bribing a witness to keep out of the way to get rid of his evidence, Fast, 208; falsehood, / Greenleaf Evid., Sec.jjj.'" But whether or not, in all of these offen.ses, a conviction would de- prive one of his citizenship, is doubtful. Treason, murder, robbery, theft, bribery, perjury, piracy, arson, rape, are recognized as infamous crimes (although theft is subject to qualification in the matter of degree , for which the person convicted would be forfeiting his "immunities and privileges" as a •citizen. The Constitution of Connecticut classifies the following offenses as infamous crimes: Bribery, forgery, perjury, duelling, fraudulent bankruptcy, theft, or other offenses for which an infamous punishment is inflicted," and any person convicted of one of them lost his privileges as an elector. — See Const, Conn. , Art. VI, Sec. j. ] In some States the criminal offenses which deprive the person committing either ol them of his citizenship, are specifically stated. Any person convicted of an infamous crime is no longer worthy of citizenship, for he has under- mined the very foundation of the social fabric which it is the sacred object of citizenship to protect and strengthen. He is, therefore, outlawed by society. Pardon, however, saves the offender. A convicted felon, who may have served part of the term of servitude to w^hich he was sen- tenced, but to whom executive clemency is extended and pardon granted, is restored, civilly and politically, to his former status as a citizen, no matter what may be the social ostracism he suffers in consequence of his crime. im-*^:^ 52 FEDERAL CITIZENSHIP. The effect of the pardon is, however, only prospective, not retrospective. It neither changes the past nor anni- hilates the fact of the offense (i). The fact remains that the person pardoned was guilty of the crime, not- withstanding the pardon (2) . Pardon restores the offender to citizenship simply ' 'because it releases the punishment and blots out of existence the guilt, so that, in the eyes of the law, the offender is as innocent as if he had never committed the offence (3)." But a convict who is restored to his liberty by reason of the natural expiration of his sentence, is forever stripped of all the immunities and privileges of citizen- ship (4), for one who has so outraged the laws of his coun- try is no longer to be trusted with the precious boon con- ferred by those laws upon him who respects and obeys them, and nothing can remove his disability except it be an act of the State Legislature, if his conviction was had in a State Court, or an act of Congress, if convicted in a Federal Court. Connecticut adopted a constitutional amendment in 1875, providing that the General Assem- bly shall have power, by a two-thirds vote of the mem- bers of both branches, to restore the privileges of an elector to those who may have forfeited the same by a conviction for crime (5). (i) 4 Black., 402. (2) 5 Sawyer, 195. (3) 4 Wallace; 380. (4) Colorado, however, furnishes an exception to this rule. Sec. 10, of Art. "Vll of the Constitution of 1876 restores to citizenship the felon wha has served his full term of penal servitude. (5) Charters and Constitutions U. S., Const. Conn., Art. XVII, Part /, 269. FEDERAL CITIZENSHIP. 53 FORFEITURE BY EXPATRIATION. Expatriation is a fundamental right, and citizenship may be forfeited by it. whereas, the right of 10 Sawyer, 666. (2) II Sawyer, 291. (3) II Sawyer, 291 ; 26 F. R., 337. <4) 16 WaUace, 36. 58 STATE CITIZENSHIP. Federal citizenship, also defines the manner in which a Federal citizen acquires State citizenship. Any person born or naturalized in the United States and vSubject to- its jurisdiction, is a citizen thereof a7id of the State in which he resides (i). But the majority of the State Con- stitutions are, singularly enough, lacking a specific defini- tion of what constitutes State citizenship. This hiatus is similar to that which originally existed in the Federal Constitution. That instrument, prior to the adoption of the Fourteenth Amendment, lacked a specific definition of what constitutes citizenship of the United States. As a rule, the Constitutions of the several States leave the status of State citizeUvShip to be determined by the qualifications of an elector. But this is reliable only when State citi- zenship is considered politically (2). It may be entirely at fault when considered from the standpoint of civil rights, for a person may be incapable of exercising the right of suffrage or of enjoying any other political privi- lege in the gift of a State, and yet be, civilly, a State citizen in the full meaning of the term. In the " Declaration of Rights" of the Constitution of Alabama, it is declared ' ' that all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intentions to become cit- zens of the United States, are hereby declared citizens of (1) XIV Araendt. U. S. Const., Sec. i ; 5 McCrary, 73; 15 F. R., 689. (2) It was not always reliable. The Constitution of Georgia, 1868, for in- stance, gave the right of suffrage to aliens who were not citizens of the State. See Charters and Constitutions U. S., Part I, 411. 413. STATE CITIZENSHIP. 59 the State of Alabama, possessing equal civil and politi- cal rights (i)." The Constitution of Georgia, of 1868, in its "Decla- ration of Fundamental Principles," said: "All persons born or naturalized in the United States, and resident in this State, are hereby declared citizens of this State." The same Constitution extended the elective franchise to male foreign subjects who had legall}^ declared an in- tention to become citizens of the United States, thereby creating the curious political nondescript of a qualified voter who was neither a Federal citizen nor a State citi- zen (2). On the 5th of December, 1877, the people of Georgia adopted a new Constitution which reafiirmed the Constitutional definition of State citizenship of 1868, al- though expressing it a little differently, as follows: "All citizens of the United States, residect in this State, are hereby declared citizens of this State (3)." This new Constitution also banished the political nondescript of 1868, by restricting the elective franchise to "male citi- zens of the United States (4), ' ' thus producing, in Georgia, perfect harmony between State and Federal citizenship. The Louisiana Constitution of 1868 made "all persons, without regard to race, color, or previous condition, born or naturalized in the United States, and subject to the (i) Const, of Ala., 1875; Art. I, Sec. 2; Charters and Consti utious U. S., Part I, 76. (2) Const of Ga , 1868, Art. I, Sec. 2; Id., Art. II, Sec, 2: Charters and Constitutions U. S., Part 1; 411, 413. (3) Const. Ga., 1877, Art. I. Sec. i. Par. XXV ; Code of Ga., 1882, Sec. 5017, p. 1291. (4) Con.st. of Ga., 1877, Art. II, Sec. i, Par. II ; Code of Ga., 1882,. Sec. 5032, p. 1294. 6o STATE CITIZENSHIP. < jurisdiction thereof, and residents of this State one 3'ear," citizens of the State (i). OnW resident Federal citi- zens were, therefore, eligible to State citizenship under this provision. The right. of suffrage was also restricted to such Federal citizens (2). In 1879, a new Constitu- tion was, however, adopted, which contains no definition of State citizenship, and which extends the right of suf- frage to any alien who may have legally declared his in- tions to become a citizen of the United States, "before he offers to vote, ' ' provided he has acquired the prescribed residence qualification (3), and such alien elector is privi- leged to sit as a member of the lower house of the State legislature (4). The constitutional bill of rights of Mississippi de- clares that * ' all persons resident in this State, citizens of the United States," are ''citizens of the State of Missis- sippi (5)," and the constitutional right of suffrage is limited to Federal citizens also (6). The Constitutions of all other States in the Union are silent on the subject of what constitutes State citizen- ship within their respective jurisdictions. (i) Const. La., 1868. TiUe I, Art. 2 ; Charters and Consts. U. S , Parti, 755. (2; Const, of La., 1868, Title VI, Art. 98 ; Charters and Consts. U. S., Part I, 765. )3) Const, of La., 1879, Art. 185. (4) Const., L^., 187;^, Art. 22. (5) Const, of Miss., 1868, Art. i, Sec. i ; Charters and Consts. U. S., Part II, 1081. (6) Const, of Miss.. 1868, Art. VII, Sec. 2 ; Charters and Consts. U. S., Part II, 1089. THE RIGHT OF SUFFRAGE. The right of suffrage or elective franchise is the great- est privilege which a citizen can enjoy by right of birth or inheritance, or which an alien can acquire by in- vestiture. It is a privilege which the Federal Con- stitution does not, however, confer on any one (i). A person may be a Federal citizen by the right of birth, or by inheritance, or by naturalization, and j-et not enjo^^ the right of suffrage. The right of voting does not neces- sarily constitute a part of citizenship in any form; for, if it did, then the citizens of each State would be entitled to vote in the several States precisely as their citizens are entitled to vote (2), notwithstanding that the qualifica- tions of a voter in one State might differ from those of a voter in another State. The right, or rather the privilege, of voting arises under the Constitution of the State in which it may be exercised, and not under the Constitution of the United States (3). It is the State's prerogative to define ■ (I) 21 WaU., 162. v2) Id. (3) The regulation of the suffrage is conceded to the States as a State rights // Blatchford, 200. "Naturalization does nut confer on the individual naturalized the right to vote. The qualifications which an elector is required to have, in Congress- ional elections, depend entirely upon the laws of the ytate in which the elective franchise is exercised, and are purely dependent upon the municipal regulations of the State. It is not necessary to determine whether the voter is a citizen of the United States."— 2 Scam. (7 /./.), 377. 62 THE RIGHT OF SUFFRAGE. the qualifications of a voter (i); and each State fixes the qualifications of its own voters, according to its own whims, conveniences or necessities, but it cannot meddle with the qualifications of voters as defined by any sister State. With this power. Congress has never interfered ; and although Congress may, at any time, make or alter such regulations (2), it has, so far, confined itself to defin- ing the qualifications of voters within the Territories and to modifying the right of suffrage of membeis of the army or navy, wherever they may be stationed or may have acquired residence. THE POWER OF STATES. The power which a State may exercise in determining the qualifications of its voters is almost without limit. (i) "It is a common error to connect the elective franchise inseparably with citizenship, as if elector and citizen were convertible terms. In regard to the persons who shall exercise this franchise in each State it is determined entirely by the Constitution and laws of the State, They may confer the privilege on aliens, negroes, Indians, women and children. Even in regard to the choice of Representatives in Congress and Electors of President of the United States, the Federal Constitution leaves the matter entirely in the hands of the State."—/ Sharzvood's Bl. Com.. 376, note. "The United States rights appertaining to this subject are those [ist] under Article I, Section 2, subdivision i, of the United States Constitution, which provides that electors of Representatives in Congress shall have the qual- ifications requisite for electors of the most numerous branch of the State Legislature; and [2d] under the Fifteenth Amendment, which provides that the right of citizens of the United States to vote shall not be denied or abiidged by the United States or any State, on account of race, color or previous condi- tion of servitude. If the Legislature of a State should require a higher quali- fication in a voter for a Representative in Congress than is required for a voter for member of the House of Assembly of the State, this would, I conceive, be a violation of a right belonging to a person as a citizen of the United States. That right is in relation to a Federal subject or interest, and is guaranteed by the Constitution."—// Blatchford, 200. Congress has no power to legislate on the subject of voting at State elec- tions, except under the Fifteenth Amendment, and such power can be exer- cised by providing a punishment only where the wrongful refusal to receive the vote of a qualifi- d elector at such elections is because of his race, color or previous condition of servitude.— G"(??//rf cS" Tucket's Notes on Rev. Stats . U. S., Sec 480. (2) 21 Wall, 162. THE RIGHT OF SUFFRAGE. 63 It may go to some extraordinary extrerces. It may •declare, without any violence of any right derived tinder the Federal Constitution, that no person shall be entitled to vote until he shall have reached a given age, and it may deprive him of the right to vote after he has reached another given age ; or it may declare that any person having gray hair or who does not have the use of all his limbs shall not enjoy the right to vote (i). It can establish an educatiorfal or property qualification, and it can restrict the right to either sex or give it to both sexes. It may give foreigners the right to vote, and it may extend the privileges to persons who are, tinder any of the ordinary rules, ineligible to Federal •citizenship, and the power has been so exercised in sev- eral of the States. But a State cannot exclude any one from the enjoyment of the elective franchise on account of '* race, color or previous condition of servitude," pro- / vided such person is a Federal citizen. AI.IENS AS VOTERS. It is a popular error to suppose that the right of suf- frage is limited to citizens throughout the United States. In some States, it is ; in others, it is not and never has been, i^ When the Federal Constitution was adopted, every one of the thirteen original States (Rhode Island and Connecticut excepted) had its Constitution. The two States excepted acted under Charters granted by the Brit- ish Crown. Each State then determined for itself (i) II Blatchford, 200. 64 THE RIGHT OF SUl FRAGK. / who, within its confines, should have the right to votej^ It was limited in New Hampshire to "every male inhab- itant of each town and parish with town privileges and places unincorporated in the State, of twenty-one years of age and upwards, excepting paupers and persons ex- cused from paying taxes at their own request ; " in Mass- achusetts, to "every male inhabitant of twenty-one years of age and upwards having a freehold estate with- in the commonwealth of the annual income of three pounds, or any estate of the value of sixty pounds ;'* in Rhode Island, to such "as are or hereafter shall be admitted and made free of the company and society" of the colony ; in Connecticut, to such per- sons as had "maturity in years, quiet and peaceable behavior, a civil conversation and forty shillings freehold or forty pounds personal estate," if so certified by the selectmen; in New York, to "any male inhabitant of full age who shall have personall}^ resided within one of tl;^ counties of the State for six months immediately preceding the day of election * ^-^ if during the time aforesaid he shall have been a freeholder, possessing a freehold of the value of twenty pounds within the county, or have rented a tenement therein of the yearly value of forty shillings and been rated and actually paid taxes to the State ;" in New Jersey, to " all inhabi- tants * "^ ^ of full age who are worth fifty pounds proclamation-money, clear estate in the same, and have resided in the county in which they claim a vote for "twelve months immediately preceding the election ;" in THK RIGHT OF SUFFRAGE. '65 Pennsylvania to ' * every freeman of the age of twenty- one years, having resided in the State two years next before the election and within that time paid a State or county tax which shall have been assessed at least six months before the election ;" in Delaware and Virginia, ** as ex- ercised by law at present ," in Maryland, to "/all freemen above twenty-one years of age, being a freeholder of fifty acres of land in the county in which they offer to vote and residing therein, and all freemen having property in the State above the value of thirty pounds current money, and having resided in the county in which they offer to vote, one whole year next p: eceding the elec- tion ;" in North Carolina, for senators, to "all freemen of the age of twenty-one years who have been inhabi- tants of any one county within the State twelve months immediately preceding the day of election, and possessed of a freehold within the same county of fifty acres of land for six months next before and at the day of elec- tion," and for members of the house of commons, to " all freemen of the age of twenty-one years who have been inhabitants in any one county within the State twelve months immediately preceding the day of any election, and shall have paid public taxes ;" in South Carolina, to ' * every free white man of the age of twenty- one years, being a citizen of the State and having resided therein two years previous to the day of election and who hath a freehold of fifty acres of land, or a town lot of which he hath been legally seized and possessed at least six months before such election, or (not having such free- 66 THE RIGHT OF SUFFRAGE. hqld or town lot), hath been a resident within the elec- tion district in which he offers to give his vote six months before said election, and hath paid a tax the preceding year of three shillings sterling toward the support of the government ;" in Georgia, to every male white inhabitant of the age of twenty-one years, possessed in his own right of ten pounds value, liable to a State tax, or a mechanic, and six months resident in the State. "^ After the adoption of the Federal Constitution, the same independence of action was exercised by each new State as it framed the Constitution on which it obtained admission to the Federation. In each of the three Con- stitutions adopted by Vermont, in 1777, 1786 and 1793, respectively, the '* privileges of a freeman of the State." in other words, a'' a voter," were conferred upon ''every man of the full age of twenty-one years," who had re- sided in the State one year ' ' before the election of repre- sentatives, " and was of " a quiet and peaceable behavior. ' ' Kentucky gave it to " all free male citizens of the age of twenty-one, having resided in the State two years, or in the county in which they offer to vote one year next be- fore election." North Carolina gave it to "every freeman of the age of twenty-one years and upwards, possessing a freehold in the county wherein he may vote, and being an inhabitant of this State, and every freeman being an inhabitant of any one county in the State six months immediately preceding the day of election. ' ' Ohio gave it to " all white male inhabitants above the age of twen- ty-one years, having resided in the State one year next THE RIGHT OF SUFFRAGE. 67 preceding the election, and who have paid, or are charged with a State or county tax." In Louisiana, it was granted to ''every free white male citizen of the United States who, at the time being, hath attained to the age of twenty-one years, and resided in the county in which he offers to vote for one year next preceding the election, and who in the last six months prior to the said election shall have paid a State tax, * ^ * provided, however, that every free white male citizen of the United States who shall have purchased lands from the United States shall have the right of voting wherever he shall have the other qualifications of age and residence above pre- scribed." Indiana granted it to "every white male citi- zen of the United States of the age of twenty-one and up- wards who has resided in the State one year immediately preceding such election," and it subsequently gave it to *' every white male of twenty-one years and upwards who shall have resided in the United States one year, and shall have resided in this State during the six months preceding such election and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the sub- ject of naturalization." Mississippi restricted it to "every free white male person of the age of twenty- one years or upwards who shall be a citizen of the United States, and shall have resided in this State one year next preceding an election, and the last six months within the county, city or town in which he offers to vote, and shall be enrolled in the militia 68 THE RIGHT OF SUFFRAGE. thereof, except exempted by law from military service ; or, having the aforesaid qualifications of citizen and residence, shall have paid a State or county tax." Illinois gave it to ''all white male inhabitants above the age of twenty-one years, having resided in the State six months next preceding the election ; " Alabama to ' 'every white male citizen" of the United States, of twenty-one years of age, who had resided one year in the State next preceding an election, "and the last three months within the county, city or town in which he offers to vote ; ' ' Maine, to "every male citizen of the United States, of the age of twenty-one years and upwards, excepting paupers, per- sons under guardianship and Indians not taxed," having a three months' residence in the State ; Missouri, to ' 'every free white male citizen of the United States, who shall have attained the age of twenty-one years," and resided a year in the State and three months in the county or district in which he ' offers to vote ; Arkansas, to "every free white male citizen of the United States," twenty-one years of age, and resident in the State six months ; Michigan, to "every white male citizen above the age of twenty-one years, having resided in the State six months next preceding any election, * * * and every white male inhabitant of the age aforesaid" residing in the State at the time of the signing of the Constitu- tion ; Florida, to "every free white male person of the age of twenty one years and upwards, and who shall be, at the time of offering to vote, a citizen of the United States," two years a resident in the State and six months THE RIGHT OF SUFFRAGE. 69 * 'in the county in which he may offer to vote, and who shall be enrolled in the militia thereof," unless exempted * * * except in elections by general ticket in the State or district prescribed by law : in which case the elector must have been a resident of the State two years next preceding the election and six moi.ths within the election district in which he offers to vote ; " Texas, to "every free male person who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, or who is at the time of the adoption of this Constitution by the Congress of the United States a citizen of the republic of Texas and shall have resided in this State one year next preceding an election, and the last six months within the district, county, city or town in which he offers to vote (Indians not taxed, Africans and descendants of Africans excepted)," and "all free male citizens over the age of twenty-one years (Indians not taxed, Africans and descendants of Africans except- ed)," who resided in Texas six months before Congress accepted the Constitution ; Iowa, to ' 'every white male citizen of the United States" of twenty-one, who had a six months' residence in the State and sixty days' resi- dence in the county in which he offered to vote ; Wis- consin, to every male white citizen of the United States, white person of foreign birth who shall have declared his intention to become a citizen, person of Indian blood made a Federal citizen by act of Congress, and every civilized person of Indian descent who maintains no tribal relations ; California, to ' 'every white male citizen of the 70 THE RIGHT OF SUFFRAGE. United States and every white male citizen of Mexico'" who had elected to become a citizen of the United States under the provisions of the treaty of Queretaro, twenty- one years of age, six months a resident of the State and thirty days a resident of the county or district in which he claimed his vote, reserving the right to the Legislature to admit to the right of suffrage, by a two-thirds vote,. "Indians or descendants of Indians;" Minnesota, to every male person of twenty-one, who had resided in the United States one year, in the State four months next pre- ceding any election, and in the election district ten days> and^ who was either a white citizen of the United States, or a white person of foreign birth, who had regularly declared his intention to become a citizen, or a person of mixed white and Indian blood who had ' * adopted the customs and habits of civilization," or a person of Indian blood residing in the State who had adopted ' ' the lan- guage, customs and habits of civilization," and, after ex- amination before a District Court in the State, had been declared capable of enjoying the rights of citizenship ; Kansas, to every white male person twenty-one years of age, of six months residence in the State next preced- ing any election, and thirty days' residence in the town- ship or ward, a citizen of the United States or a person of foreign birth who has declared his intention to become a citizen ; Oregon, to ' ' every white male citizen of the United States, of the age of twenty- one years and upwards, who shall have resided in the State during the six months immediately preceding such election, and THE RIGHT OF SUFFRAGE. 7 1 every white male of foreign birth, of the age of twenty- one years and upwards, who shall have resided in the United States one year and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States one year preceding such election." The outbreak of the War of the Rebellion introduced new features into the qualifications of voters in the ad- mission of new States. West Virginia, the first of the States thus admitted, gave the right of suffrage to ** the white male citizens of the State," excepting, however, minors, persons of unsound mind, paupers, persons "un- der conviction of treason, felony, or bribery in an elec- tion, ' ' and persons ' ' who have not been residents of the State one year and of the county in which he offers to vote thirty days next preceding such ofier ;" Nevada, to * 'every white male citizen of the United States who was not laboring under the disabilities created by participa- tion in the Rebellion, or who was not an idiot or insane, having been an actual, not a constructive, resident in the State six months and thirty days in the district or county next preceding the election ;" Nebras'ka, to every white male citizen of the United States, and white male person of foreign birth who had declared his intention to become a citizen, and who had " resided in the State, county, precinct and ward for the time provided by law;" Colorado, to all male persons over twenty-one years of age who were Federal citizens, or persons of foreign birth, who 72 THE RIGHT OF SUFFRAGE. had declared their intention to become citizens at least four months before offering to vote, and who had resided in the State six months immediately preceding the elec- tion at which they offered to vote, " and in the county, city, town, ward or precinct, such time as may be pre- scribed by law, ' ' and women were given the right to vote at school district elections and to hold school district of- fices on equal grounds with men (i). Wyoming, the two Dakotas, Idaho, Montana and Washington, are the latest additions to the sisterhood of States. Wyoming has granted the elective franchise to citizens of the United States only, irrespective of sex, and requires a residence and educational qualification. North Dakota has admit- ted to the right of suffrage all male Federal citizens, and male foreigners who have declared their intentions, and civilized Indians who have severed their tribal relations. South Dakota has admitted male citizens of the United States, and those of foreign birth who have declared their intentions to become citizens ; and women may vote at any election held solely for school purposes, and may hold any office in the State, ' 'except as otherwise pro- vided for in the Constitution." Washington and Mon- tana gave the elective franchise to male Federal citizens, and those who were qualified electors in those Territories; Idaho to male Federal citizens of six months residence. INTENT OF THE FRAMERS OF THE CONSTITUTION. Fin the organization of each of the original States form- ing the Federation, there was a wonderful lack of har- (i) Charters aud Constitutions U. S. THE RIGHT OF SUFFRAGE. 73 mony and uniformity as to the qualifications of their respective voters. The framers of the Federal Constitu- tion seemed to realize the inconvenience and incongruity of such a political condition, and, so far as they were able to do so, without trespassing upon the sovereignty of the States in severalty, endeavored to furnish a remedy, by making two provisions in the organic law which, it was reasonable to presume, would influence future legislation in each State, and ultimately bring about an uniform electoral standard and an uniform standard of State and Federal citizenship. One of these provisions was the authority conferred upon Congress ' 'to establish an uni- form rule of naturalization (i)," and the other requiring that * *the electors in each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State Legislature (2).'^ If it was the aim and intent of the framers of the Federal Constitution to bring about, through these measures, uniformity in the elective standard and the standard of citizenship, it has failed. The States have, each in its own way, gone on establish- ing or modifying the qualifications of electors to suit their own fancies, with little, if any, consideration or regard for electoral uniformity, or for the national welfare, in so far as it may ])e directly affected or influenced by such qualifications Local conditions have had a greater influ- ence than anything else in determining the status of (i) Constitution of the U. S., Art. I, Sec. 8. k2) Id., Art. I, Sec. 2. As aliens are, in many of the States, qualified electors of members of the I,e islature, they are. therefore, privileged to vote for Presidential Electors and Congressmen. 74 'THE RIGHT OF SUFFRAGE. electors. Some of the States adopted Federal citizenship as the chief qualification of a voter. A given term of residence and maturity of years were other features deemed essential to an intelligent exercise of the right of suffrage. But in many of the States, the standard of Federal citizenship has been abandoned, and the idea conveyed in the Constitutional provision for the adoption of "an uniform rule for the naturalization of aliens, " to fit them for Federal citizenship, has been totally ignored and set aside in fixing the qualifications of electors. POWERS EXERCISED BY AI.IENS. -In such States an alien, whose allegiance is due to a foreign government, who cannot claim the protection of the Federal Government, and who enjoys none of the rights of American citizenship acquired by birth or in- heritance, or with which he may be invested by natural- ization, is, at the ballot box, in local. State and Federal elections, just as powerful and influential as the native or naturalized citizen whose allegiance, interests and, it is presumed, instincts are joined, by the strongest of bonds, to the existence and welfare of the American nation. In New Hampshire, for instance, ' ' every male inhabitant of each town and parish, with town privi- leges, and of late unincorporated," in the State, who is not a pauper or a person "excused from paying taxes at his own request," and is twenty-one years of age, is a qualified elector, without regard to the place of his nativity, to the question of naturalization, or THK RIGHT OF SUFFRAGE, 75 to his intention, or to the length of time of his res- idence (i). The sole qualifications of an elector in New- Hampshire are residence, the payment of taxes, and the attainment of the age of twenty-one. The right to exer- cise the elective franchise in that State carries with it^ also, the right to hold office: " And every person, qual- ified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town,, parish, and plantation where he dwelleth and hath his home (2)." The Constitution of Illinois, of 1848, gave the right of suffrage to ' * every white male inhabitant ' ' of the age of twenty-one, and "a resident of the State at the time of its adoption ;" and the Constitution of 1870, rati- fied and confirmed the right of suffrage which an alien inhabitant had acquired under the Constitution of 1848, although establishing new qualifications for electors who,, subsequent to that date, desired for the first time to exer- cise the right of voting. The question of national allegi- ance cuts no figure in the status of an elector under the Constitution of 1848. And the Constitution of 1870 did not disturb it. Therefore, the subject of a foreign gov- ernment, who had been given the elective franchise in 1848, by virtue of his residence in the State at the time of the adoption of the Constitution, retained the fran- chise without surrendering his foreign allegiance or tak- ing any steps toward surrendering it. (i) Const, of N. H., 1792, Part II, Sec. 28. (2) Const, of N. H,, 1792, Part II, Sec 30. 76 THE RIGHT OF SUFFRAGE. INDIANS AS VOTERS. ^ Indians, although ineligible to Federal citizenship by any ordinary process of political acquirement (see p. 42), may enjoy State citizenship and the rights and privileges pertaining to it (the right of suffrage included) in many of the States. But it rests with the State alone to de- termine whether or not he shall be vested with its citizen- ship and the right of suffrage, for although the members of an Indian tribe may occupy territory within the limits of a State they are not citizens thereof, nor are they nec- essarily under its jurisdiction. An Indian does not. how- ever, become a citizen of the United States when a State confers on him the right to vote (i). See p. 47, In some States, an Indian is a qualified voter if he is a tax-payer, Indians not taxed being classed among idiots and insane and other incompetents, as persons not quali- fied. The Constitutions of some States expressly stipu- late that no Indian shall have the right to vote unless he has severed his tribal relations, has adopted the habits and customs and language of civilization, and is a tax- payer. But the Seminoles of Florida preserved their tribal existence and enjoyed the right of suffrage and the privilege of special representation in the State Legisla- ture, under the provisions of the Constitution of 1868. Under the same Constitution, the State Legislature imposed taxes on the Seminoles, which constituted them citizens of the State on a par with other citizens, but this (i) 7 Atty. Gen. op. 726. THE RIGHT OF SUFFRAGE. 77 legislative act barred them thereafter from special repre- sentation in the State Legislature. The Constitution of 1885 makes, therefore, no race distinction in defining the qualifications of electors. No distinction is made between the races in some of the States, as to citizenship and voting qualifications. But some States positively debar the Indian from either, if he retains any relations with his tribe, or is dependent, in any degree, upon the Federal Government for help or support. The State of South Dakota, at a general election held in November, 1890, adopted the following amendment to the Constitution : * 'No Indian who sustains tribal relations, receives support in whole or in part from the Government of the United States, or holds untaxable land in severalty, shall be per- mitted to vote at any election held under this Constitu- tion." In the Constitution of 1849, California provided that Indians and the descendants of Indians might be admitted to the right of suffrage by a two-third concur, ent vote of the Legislature, "in such special cases as such a proportion of the legislative body may deem just and proper (i)." But the Constitution adopted in 1879 (now in force) is silent on the subject. North Dakota admits to the right of suffrage ' 'civilized persons of Indian des- cent who shall have severed their tribal relations two years next preceding such election." Of course, all Indians who may have acquired Federal citizenship under a tribal treaty with the Federal Government, or through the agency of a special act of Congress, have the right to (i) Const, of Cal., 1849, Art. II, Sec. i. 78 THE RIGHT OF SUFFRAGE. vote in any State or Territory after compliance with the requirements of its election laws as to other electors, such act of the Government or of Congress being an absolute removal of all disability. RACE DISTINCTIONS ABOLISHED. ^ To prevent the dominant race or races in any State interfering with or depriving the members of any other race, previously under political proscription, of the enjoy- ment of the right of suffrage after acquiring the right of Federal citizenship and complying with the general quali- fications of an elector as defined by the State Constitution, the Fourteenth and Fifteenth Amendments to the Federal Constitution were adopted. The Fourteenth Amendment provided a penalty for any denial of the right to vote to any male citizen of the United States, except for crime or rebellion, for Presidential Electors, Federal Representa- tives, or executive, legislative or judicial oflScers of the State, by reducing the basis of Congressional representa- tion in the State in the proportion which the number of the male citizens thus denied bear to the whole number of male citizens, twenty-one years of age, in such State. The Fifteenth Amendment goes still further, prohibiting the denial or abridgment by the United States, or any State, of the right to vote of a Federal citizen ' 'on account of race, color or previous condition of servitude." And in accordance with the authority given it by the same amendment, Congress adopted the following provision : An citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, ■city, parish, township, school district, municipality, or other territorial sub- THE RIGHT OF SUFFRAGE. 79 division, shall be entitled to vote at all such elections, without distinction of race, color or previous condition of servitude, any Constitution, law. custom, usage or regulation of any State or Territory, or by or under its authority to the contrary notwithstanding. — Rev. Stats. U. S. , Sec. 2004. When, under the authorityof the Constitution or laws of any State, or the laws of any Territory, any act is required to be done as a pre-requisite or qualification for voting, and by such Constitution or laws, persons or officers are charged with the duty of furnishing to citizens an opportunity to perform such pre-requisite, or to become qualified to vote, every such person and of- ficer shall give to all citizens of the United States the same and equal oppor- tunity to perform such pre-requisite, and to become qualified to vote.— ^^z'. Stats. U. S., Sec. 2005. These Constitutioual provisions and acts of Congress were specially designed for the protection of the emanci- pated negro ; but they also afford protection to all other citizens of the United States belonging to races ineligible to Federal citizenship under existing laws, who have ac- quired, or may acquire citizenship by some natural or special process, such as by birth within the dominion and under the jurisdiction of the United States, although of ineligible Chinese parents, or by naturalization by treaty or by special act of Congress, although previously ineligible owing to tribal relationship. woman's right to vote. Only one State in the Federation gives woman the right to vote, namely, Wyoming. The Constitution of that State declares that ' * the rights of citizens of the State of Wyoming to vote and hold ofi&ce, shall not be denied or abridged on account of sex (i). " Wyoming is not the first State in the American Federation to try the •experiment of '* woman suffrage." Woman voted in New Jersey under the first Constitution (2) of that State, which gave the elective franchise to ' ' all inhabitants of (i) Constitution of Wyoming, Art. VI, Sec. i. (2) Constitution of New Jersey (1776) Subd. IV. 8o ^ THE RIGHT OF SUFFRAGE. / the colony, of full age, "who were " worth fifty pounds proclamation-money." In 1793, the legislature of the State passed an act to regulate elections, which provided that " every voter shall openly, and in full view, deposit his or her ballot, which shall be a single written ticket con- taining the names of the persons for whom he or she votes (i)." The privilege thus exercised was abolished in 1807 (2), and it has never been restored. The present Constitution, adopted in 1844, restricts the suffrage to "every white (3) male citizen of the United States." Women are, consequently, no longer voters in New Jersey. In the history of the United States, therefore, only two States have given women the same right to vote as is given to men, and one of those two has since abrogated the right. It is, however, in the power of the legislature of North Dakota, with the consent of the people, to extend the elect- ive franchise to women in that State. Its Constitution provides that ' 'the legislative assembly shall be empow- ered to make further extensions of the suffrage hereafter, at its discretion, to all citizens of mature age and sound mind, not convicted of crime, without regard to sex;" but, if the power thus vested in the legislative assembly is exercised, the result must be ratified by a majority of electors voting at a general election, before it can become (/) American Citizen' s Manual, 8g, go. (2) Id. (3) The word " white " was stricken out by Constitutional amendment in 1875. THE RIGHT OF SUFFRAGE. 8 1 law. As it is, all women who are citizens of the United States or (if aliens) have declared their intention to be- come Federal citizens, "may vote for all school officers, and upon all question pertaining solel}^ to school matters, and be eligible to any school office (i)." The Constitution of the State of South Dakota also gives woman the right to vote ' ' at any election held solely for school purposes, and she may hold any office in the State, except as otherwise constitutionally pro- vided for {2)." In accordance with a provision in the Constitution (3), an act was passed by the legislature March 6, 1890, sub- mitting to the people of South Dakota, at the general election held in November of the same year, the question of striking out the word ' ' male' ' from the suffrage article of the Constitution. The object of the act was to deter- mine whether there should be any distinction thereafter between the sexes in the right to vote at all elections in the State. The people rejected the proposed amend- ment, and women are, consequently, denied the right of voting in South Dakota on all public questions except- ing such as pertain solely to schools. A similar amendment proposed to the Constitution of the State of Washington was also rejected by its electors. Idaho has given woman the right to vote at any school district election and to hold any school district office. Montana enlarges the privileges granted woman by (i) Constitution North of Dakota, Art. V, Sec, 128. (2) Constitution of South Dakota, Art. VII, Sec. 9. (3) Id., Art. VII, Sec. 2. 82 THE RIGHT OF SUFFRAGE. Idaho by qualifying her to hold the office of County Superintendent of Schools and the right, when paying taxes, to vote on all questions submitted to the vote of the taxpayers of the State. In the city of Boston, women may vote for school com- mitteemen, but for no other public officer ; and in many cities in the United States they are eligible to member- ship on some of the local boards of charities, education, etc. Women have the same rights in the courts as men. They can also avail themselves of the rights of the home- stead law, and other privileges granted citizens. In the sense conveyed in the idea of membership of a nation, women, if born of native-bom parents, or parents who have gone through the form of naturalization prescribed by law, are citizens of the United States, but they cannot enjoy the right of suffi-age, unless the State, which has exclusive power in the matter, desires to confer it, for the reason that suffi-age is not a privilege or an immun- ity of citizenship as defined by the XlVth Amendment tu the Federal Constitution. Therefore, where a State Constitution restricts the right of suffi-age to male inhab- . itants or citizens, it operates as an absolute bar against the enjoyment of the right by woman. And the Supreme Court of the United States has held that the Constitution and laws of the several States that commit the trust of suffrage to men alone are not necessarily void, for the Constitution of the United States does not confer the right on any one (i). (i) 21 Wallace. 162. THE RIGHT OF SUFFRAGE. 83 CITIZENS NOT ENTITI.ED TO VOTE. The Constitutions of several of the States specially deny the right to vote at an election created thereunder to "every soldier, seaman (i) and marine in the service of the army or navy of the United States, ' ' and the act of Congress governing Territorial elections prohibits any "officer, soldier, seaman, mariner, or other person in the army or navy, or attached to troops in the service of the United States" from voting in a Territory, except under specified limitations as to residence (2)." Nor is the suffrage granted to any of the following classes of ^citizens in any of the States and Territories: Minors. Idiots. Insane. Paupers. Convicts. Polygamists. Minors are given the right to vote on attaining matur- ity of years ; the insane, whenever restoration to reason shall have been judicially acknowledged ; convicts, on the issuance of a pardon from a lawful source or the re- moval of disability by an act of the legislature or of Con- gress. Convicts lose their right to vote because of the hein- (i) But Missouri has, singularly enough, overlooked naval seamen in its prohibitory provision. See Constitution of MriJin nrii >& 3&. Art VIII, Sec. II. .^Jfi^^^x^~A^^ (2) Rev. Stats. U. S. , Sec. i860, Subd. 3. y^^T'^ J=^'~'^^^ 84 THE RIGHT OF SUFFRAGE. ousness of their offenses against society. Paupers are deprived of it, because they are a charge and a burden on the State. Idiots are not granted it, because they cannot comprehend its object or meaning and do not understand how to use it. Polygamy is proscribed in all States and Territories under the laws relating to bigamy, and in each of the sev- eral States the penalty for bigamy, which is among the crimes classed as infamous, carries with it disfranchise- ment. The practice of polygamy among the Mormons in Utah, under cover of their religious faith and in open defiance of the anti-bigamy laws of the United States, resulted in the passage by Congress of a special act de- priving polygamists of the right to vote or to hold public office in the Territories, or anywhere under the Federal Government (i). In some States, persons who have engaged as princi- pals or accessories in a duel are not entitled to vote at any election. In other States, the lack of taxable prop- erty or of a specific degree of education, disqualifies a citizen from the right of voting. Insufficient residence is a bar to voting in all States and Territories. And, not- withstanding the provisions of Section 2004 of the Re- vised Statutes, the several States have the power to deny (i; " That no polygamist, bigamist or any person cohabitintf with more than one woman, and no woman cohabiting with any of the per- sons described as aforesaid in this section, in any Territory or other Elace over which the United States have exclusive jurisdiction, shall e entitled to vote at any election held in such Territory or other place or be eligible for election or appointment to, or be entitled to hold any office or place of public trust, honor or emolument in, under, and for any such Territory or place, or under the United States."— /4 c/ of March 23, 1882. 22 U. S. Stats., Oi. 47, Sec. 8. p. 31. THK RIGHT OF SUFFRAGE. 85 the right of suffrage to any citizen of the United States on account of age, sex, place of birth, vocation, want of property or intelligence, neglect of civic duties, crime, or other causes not specified in the Fifteenth Amendment of the Federal Constitution (i), and this power has been exercised by some of them. An examination of the vot- ing qualifications established by the several States, will show that there are many perplexing differences between them now existing, out of which serious complications and irregularities have sprung. I._VOTING QUALIFICATIONS IN THE SEVERAL STATES. The several States, in their respective relations to the right of suffrage, may be classified as follows: 1 . States restricting the suffrage to male citizens of the United States. 2. States restricting it to male citizens of the United States and male persons of ~ foreign birth who have de- clared their intention to become citizens of the United States. 3. States restricting it to "male citizens of the State. " 4. States restricting it to "male citizens." 5. States restricting it to "male inhabitants." (i) 1 Sawyer, 374. 86 VOTING QUAI.IFICATIONS. 6. States granting it to * 'all citizens of the United States." 7. States granting it to ''male citizens," or to "male citizens of the United States," or to "male citizens of the United States and male aliens who have declared their intention to become citizens of the United States," under special limitations. In each of these classifications, the enjoyment of the franchise is dependent, however, on age and residence qualifications (i). CLASS I. 1. Caufornia, 6. Maine, 2. FivORIDA, 3. Idaho, 4. I1.LIN01S, 5. Iowa 1 1 . New Jersey, 7. Maryland, 12. Ohio, 8. Mississippi, 13. South Carolina, 9. Montana, 14. Vermont, -- , 10. Nevada, 15. Washington. Constitutional provisions of States whose qualified voters are "male citizens of the United States." (i) The legal age of twenty-one has been adopted by all States as the age qualification of an elector. But there is a great difference be ween the several States as to residence qualification. In twenty-nine States, the residence qualification is fixed at one year. These States are Alabama, Arkansas, Cali- fornia, Connecticut, Delaware, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Missouri, Montana, New Jersey, New York, North Carolina, North Dakota, Ohio, Penns>lvanife (nativeor former electors of this Slate, who have been absent and returned, six months), Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming. In ten of them the term of residence is fixed at six months. These States are Colorado, Idaho, Indiana, Iowa, Kansas, Mississippi, Ne- btaska, Nevada, Oregon and South Dakota. In Maine and Michigan, the term of residence to qualify as an elector is placed at three months •, in Minnesota, at four months; in Kentucky, at two years ; but in New Hampshire no time is specified, proof that he is an inhabitant being suflRcient. VOTING QUAI.IFICATIONS. 87 California. Citizens of Mexico, resident in California for one year after its acquisition by the United States, acquired citi- zenship in the United States under the provisions of the Treaty ot Queretaro. *ARTICLE I. Sec. 24. No property qualification shall ever be required for any person to vote or hold oflRce. ARTICI.E II. Section i. Every male citizen of the United States, every male person •who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days pnor to any election, of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct sixty c ays, shall be entitled to vote at all elections which are now or which may hereafter be authorized by law ; provided, no native of China, no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privilege of an elector in this State. Sec. 4. For the purposes of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or his absence while employed in the service of the United States ; nor while engaged in the navi- gation of the waters of this State, or of the United States ; or of the high seas ; nor while a student at any seminary of learning ; nor while kept in any alms- house or other asylum, at public expense ; nor while confined in any public prison. ARTICLE XIX. Sec. 4. The presence of foreigners ineligible to become citizens of the United •States is declared to be dangerous to the well-being of the State, and the I^eg- islature shall discourage their immigration by all the means within its power. * * * ARTICLE XX. Sec 2. Any citizen of this State who shall, after the adoption of this Con- stitution, fight a duel with deadly weapons, or send or accept a challenge to *Const. of California, 1879. 88 VOTING QUAUFICATIONS. fight a duel with deadly weapons, either within this State or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this Constitution. Sec. II. L,aws shall be made to exclude from office, serving on juries, and from the right of suffrage, rersous convicted of bribery, perjury, forgery, mal- feasance in office, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate pen- alties, all undue influence thereon from power, bribery, tumult, or other improper practice. Sec. 12. Absence from this State, on business of the State or of the United States, shall uot affect the question of residence of any person. Florida. ♦ARTICLK VI. Section I. Every male person of the age of twenty-one years and up- wards, that shall, at the time of registration, be a citizen of the United States, or that shall have declared his intention to become such in conformity to the laws of the United States, and that shall have resided and had his habitation, domicile, home and place of permanent abode in Florida for one year, and in the county for six months, shall in such county be deemed a qualified elector at all elections under this Constitution. Sec. 2, The Legislature, at its first session after the ratification of this Constitution, shall provide by law for the registration of all the legally quali- fied voters in each county, and for the returns of elections ; and shall also provide that after the completion, from time to time, of such registration, no person not duly registered according to law shall be allowed to vote (i). Sec. 3. Every elector shall, at the time of his registration, take and sub- scribe to the following oath: " I do solemnly swear or affirm that I will pro- tect and defend the Constitution of the United States and of the State of Florida, that I am twenty-one years of age, and have been a resident of the State of Florida for twelve months and of this county for six months, and I am qualified to vote under the Constitution and laws of the State of Florida." Sec. 4. No person under guardianship, non compos tnentis or insane, shall be allowed to vote at any election, nor shall any person convicted of felony by a court of record be qualified to vote at any election unless restored to civil rights. (*) Constitution of Florida, 1885. (i) Act adopted June 7, 1887. VOTING QUALIFICATIONS. 89 Sec. s. The Legislature shall have power to, and shall enact the neces- sary laws to exclude from every office of honor, power, trust or profit, civil or military, within the State, and from the right of suffrage, all persons con- victed of bribery, perjury, larceny, or of infamous crime, or who shall make , or become directly or indirectly interested in , any bet or wager, the result of which shall depend upon any election ; or that shall hereafter fight a duel or send or accept a challenge to fight, or that shall be a second to either party ^ or that shall be the bearer of such challenge or acceptance ; but the legal dis- ability shall not accrue until after trial and conviction by due form of law (i). Sec. 7. At any election at which a citizen or subject of any foreign coun • try shall oflFer to vote, under the provisions of this Constitution, if required by an elector, he shall produce to the persons lawfully authorized to conduct and supervise such election a duly sealed and certified copy of hi- declaration of intention, and if unable to do so by reason that such copy cannot be ob- tained at the time of such election, he shall be allowed to make aflfidavit be- fore a proper officer, setting forth the reason why he is unable to furnish such certificate, and if said affidavit prove satisfactory to the inspectors they shall allow said elector to cast his vote ; and any naturalized citizen offering to vote shall, if so required by any elector, produce his certificate of natural- ization, or a duly certified copy thereof, and in the event that said elector cannot produce the same, he shall be allowed to make affidavit before a proper officer stating in full the reason why it cannot be furnished, and if sat- isfactory to the inspectors of said election such elector shall be allowed to vote. Sec. 8. The Legislature shall have power to make the payment of the cap- itation tax a pre-requisite for voting, and all such taxes received shall go in- to the school fund. Idaho. [See also Appendix]. , Women permitted to vote at school district elections r and to hold any school district office. ACT OF FEBRUARY 25, 1891. Section 2. That every male person over the age of twenty-one years , possessing the qualifications following, shall be entitled to vote at all elec- tions. He shall be a citizen of the United States and shall have resided in this State six mouths immediately preceding the election at which he offers to vote, and in the county thirty days; Provided, that no person shall be per- (I) Act adopted Junes, 1887. 90 VOTING QUALIFICATIONS. mitted to vote at any county seat election who has not resided in the county six months and in the precinct ninety days where he oflFers to vote, nor shall any person be permitted to vote at any election for the division of a county or striking off from any county any part thereof, who has not the qualifications provided for in Section 3, Article XVIII of the Constitution; nor shall any person be denied the right to vote at any school district elec- tion, nor to hold any school district office on account of sex. Section 3, No person is permitted to vote who is not registered as provided by law, or who is under guardianship, idiotic or insane, or who has at any place been convicted of treason, felony, embez- zlement of public funds, bartering or selling, or offering to barter or sell his vote, or purchasing or oflfering to purchase the vote of another, or other infamous crime, and who has not been restored to the right of citizenship, or who at the time of such election is confined in prison on conviction of a criminal ofiFense, or who after passing the age of eighteen years and since the first day of January, A. ' . 1888, has been, or is a bigamist or i>olygamist, or is living or has lived in what is known as patri- archal, plural or celestial marriage, or in violation of any law of this State, or of the United States, forbidding any such crime; or who in any manner teaches or has taught, advises or has advised, counsels or has counseled, aids or has aided, encourages or has encouraged, any person to enter into bigamy, polygamy, or such patriarchal, plural or celestial marriage, or to live in violation of any such law, or to commit any such crime; or who has been a member of, or contributes or has contributed to the support, aid or en- couragement of any order, organization, association, corporation or society which teaches or has taught, advises or has advised, counsels or has coun- seled, encouraged or aided any person to enter into bigamy, polygamy, or such patriarchal or plural marriage, or which teaches or has taught, advises or has advised that the laws of this State, or of the Territory of Idaho before its admission as a State into the Union, or of the United States applicable to the Territory of Idaho, prescribing rules of civil conduct are not the supreme law. * Sec. 4. For purpose of voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of this State, or of the United States, nor while engaged in the navigation of the waters of this State, or of the United States, nor while a student of any institution of learning, nor while kept at any almshouse or other asylum at the public expense. Sec. 5. Every qualified elector shall be eligible to hold any office of this State for which he is an elector, except as otherwise provided by the Consti- tution. VOTING QUALIFICATIONS. 9 1 Illinois. Aliens voting under the Constitution of 1848. Office holding limited to Federal citizens. Women given the right to vote for school officers. ♦ARTICLE VII. Section i. Every person having resided in this State one year, in the county ninety days, and in the election district thirty days next preceding any g election therein, who was an elector in this State on the ist day of April, in the year of our Lord, 1848 [see Constitutional provision of 1848], or obtained a certificate of naturalization, before any court of record in this State, prior to the first of January, in the year of our L<-rd, 1870, or who shall be a male g citizen of the United States above the age of twenty-one years, shall be en- titled to vote at such election. g June 19, 1891, an act of the Legislature was approved conferring the right to vote for school officers on women and it went into force July i, 1891. The act is, however, assumed to be unconstitutional, conflicting with these provisions in this article. Sec. 4. No elector shall be deemed to have lost his residence in this State by reason of his absence on the business of the United States, or this State, or in the military or naval service of the United States. Sec. 5. No soldier, seaman or marine in the army of the United States shall be deemed a resident of the State in consequence of being stationed therein. Sec. 6, No person shall be elected or appointed to any office in the State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appoint- ment. Sec. 7. The general assembly shall pass laws excluding from the right of suffrage persons convicted of Infamous crimes (i). *Const. of 1S70. (i) No person who has been legally convicted of any crime, the punish- ment of wiiich is imprisonment in the penitentiary, shall be permitted to vole at any election, unless he shall be restored to the right to vote by par- don. Starr dif Curtis' Annotated Stats, of III., Ch. j6, % 72, p. 1012. Or by the expiration of his disfi anchisement under section 83 of this act. Cotktan's Anno. Ed. Rev. Stats., III. p, 62J. And the effect of a sentence of disfranchise- ment * * shall be to deprive such persons enteuced of the right to vote at any general or special election, or town meeting within this State, for the period of time fixed by the court, where such person shall be convicted under this Section. Id. Set. 83, p. 630. 92 VOTING QUAI^IFICATIONS. Following ivS the Constitutional provision of 1848: ARTICI.E VI. Sec. I. In all elections every white male citizen above the age of twen- ty-one years, having resided in the State one year next preceding any elec- tion, shall be entitled to vote at such election ; and every white male inhabi- tant of the age aforesaid 7vho tnay be a resident of the State at the time of the vdoption of this Constitution, shall have the right of voting as aforesaid ; but no such citizen or inhabitant shall be entitled to vote except in the district or county in which he shall actually reside at the time of such election. lowA. *ARTICIvE: II. Section i. Every male citizen of the United States of the age of twenty- one years, who shall have been a resident of the State six months next preced- ing the election, and the county in which he claims his vote sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. Sec. 4, No person in the military, naval or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval station within this State. Sec. 5. No idiot or insane person, or persons convicted of any infamous- crime, shall be entitled to the privilege of an elector. Maine. tARTlCl^E II, Section i. Every male citizen of the United States of the age of twenty- one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this State for the term of three months next preceding any election, shall be an elector for governor^ senators and representatives, in the town or plantation where his residence is so established, and the elections shall be by written ballot. But persons in the military, naval or marine service of the United States, or this St te, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack or military place, in any town or plantation ; nor *Coust. of Iowa, 1857. fConst. of Maine, 1820, and amendments of 1865. VOTING QUAIvIFICATIONS. 93 •shall the residence of a student at any seminary of learning entitle him to the Tight of suffrage in the town or plantation where such seminary is established. No person, however, shall be deemed to have lost his residence by reason of his absence from the State in the military service of the United States, or of this State. Sec. 4. The election of governor, senators and representatives, shall be on the second Monday of September, annually, forever. But citizens of the State aosent therefrom in the military service of the United States, or of this State, and not in the regular army of the United States, being otherwise qualified electors, shall be allowed to vote on Tuesday next after the first Monday in November, in the year of our Lord one thousand eight hundred and sixty-four, for governor and senators, and their votes shall be counted and allowed in the same manner and with the same effect as if given on the second Monday of September in that year. And they shall be allowed to votejfor governor, sena- tors and representatives on the second Monday of September annually there- after forever in the manner herein provided. On the day of election a poll shall be opened at every place without this State where a regiment, battalion, battery, company, or dttachmeut of not less than twenty soldiers from the State of Maine may be found or stationed, and every citizen of said State of the age of twenty-one years, in such military service, shall be entitled to vote as aforesaid ; and he shall be considered as voting in the city, town, plantation and connty ill this State where he resided when he entered the service. * * ARTICLE IX. Sec. 2. Butcitizens of this State absent therefrom in the military service of the United States or of this State, and not in the regular army of the United States, being otherwise qualified electors, shall be allowed to vote for judges and registers of probate, sheriffs, and all other county ofl&cers, on the Tuesday next after the first Monday of November, in the year 1864, and their votes shall be counted and allowed in the same manner and with the same effect as if given on the second Monday of September in that year. And they shall be allowed to vote for all such ofl&cers on the second Monday in September annu- ally thereafter forever, * * Maryland. ^ARTICLE I. Section i. * * * * and every white (i) male citizen of the United States, of the age of twenty-one years or upward, who has been a resident of *Const. of Maryland, 1867. (I) Annulled by XVth Amendt Fed. Const. 94 VOTING QUAI.IFICATIONS. the State for one year, and of the legislative district of Baltimore city, or of the county in which he may* offer to vote, for six months next preceding the election, shall be entitled to vote in the ward or election district in which he resides, at all elections hereafter to be held in this State ; and, in case any county or city shall be so divided as to form portions of different electoral districts for the election of Representatives in Congress, Senators, delegates, or other officers, then, to entitle a person to vote for such officer, he must have been a resident of that part of the county or city which shall form a part of the electoral district in which he offers to vote for six months next preceding the election ; but a person who shall have acquired a residence in such county or city, entitling him to vote at any such election, shall be entitled to vote in the election district from which he removed until he shall have acquired a residence in the part of the county or city to which he has removed. Sec. 2. No person above the age of twenty-one years, convicted of lar- ceny or other infamous crime, unless pardoned by the Governor, shall ever thereafter be entitled to vote at any election in this State ; and no person under guardianship as a lunatic, or as a person non compos mentis, shall be en- titled to vote. Sec. 3. If any person shall give or oflFer to give, directly or indirectly, any bribe, present, or reward, or any promise, or any security for the pay- ment or the delivery of money, or any other thing, to induce any voter to re- frain from casting his vote, or to prevent him, in any way, from voting, or to procure a vote for any candidate or person proposed or voted for as elector of President and Vice-President of the United States, or Representatives in Con- gress, or for any office of profit or trust created by the Constitution or laws of this State, or by the ordinances or authority of the Mayor and City Council of Baltimore, the person giving or offering to give, and the person receiving the same, and any person who gives or causes to be given an illegal vote, knowing it to be such, at any election to be hereafter held in this State, shall, on conviction in a court of law, in addition to the penalties now or here- after to be imposed by law, be forever disqualified to hold |any office of profit or trust, or to vote at any election thereafter. Mississippi. I'ARTICI.E I. Section 18. No property or educational [qualification shall ever be re- quired for any person to become an elector. Sec. 27. * * * Any person who shall hereafter fight a duel, or assist in the same as second, or send, accept or knowingly carry a challenge there- *Const. of Mississippi, 1868. A new Constitution was adopted in 1891, See Appendix. VOTING QUALIFICATIONS. 95 for, or go out of the State to fight a duel, shall be disqualified from holding any office under this Constitution, and shall forever be disfranchised in this State. ARTlCIvK IV. Section 17. No person shall be eligible to any office of profit or trust, nor shall he be permitted to exercise the right of suffrage within this State, who shall have been convicted of bribery, perjury, or other infamous crime. Sec. 18. Any person who shall have been convicted of giving or offering, directly or indirectly, any bribe to procure his election or appointment, and any person who shall give or offer any bribe to procure the election or ap- pointment of any person to office, shall, on conviction thereof, be disqualified from being an elector or holding any office of profit or trust under the laws of the State. ARTICIvE; VII. Section 2. All male inhabitants of this State, except idiots, and insane persons, and Indians not taxed, citizens of the United States or naturalized, twenty-one years old and upwards, who have resided in this State six months and in the county one month next preceding the day of election, at which said inhabitant offers to vote, and who are duly registered according to the requirements of section three of this article, and who are not disquali- fied by reason of any crime, are declared to be qualified electors. Sec. 3. The I,egislature shall provide, by law, for the registration of all persons entitled to vote at any election, and all persons entitled to register shall take and subscribe to the following oath or affirmation : ''I, • , do solemnly swear (or affirm), in the presence of Almighty God, that I am twenty-one years old; that I have resided in this State six months, and in county one month; that I will faithfully support and obey the Constitution and laws of the United States and of the State of Mississippi, and will bear true faith and allegiance to the same. So help me God." Sec. 4. No person shall be eligible to any office of profit or trust, or to any office in the militia of this State, who is not a qualified elector. Sec. 5. In time of war, insurrection, or rebellion, the right to vote at such place and in such manner as shall be prescribed by law, shall be enjoy«d by all persons otherwise entitled thereto, who may be in the actual military or naval service of the United States, or this State, provided said votes be made to apply in the county or precinct wherein they reside. ARTICI.E XII. Sec 2. The I^egislature shall pass laws to exclude from office and from suffrage those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors ; and every person shall be disquali- fied from holding any office, or place of honor, profit, or trust und^ the 96 VOTING QUAIvIFICATIONS. authority of this State, who shall be convicted of having given or oflFered au|r bribe to procure his election or appointment. Montana. Women given the right to vote at all school district elections and to hold any school district office and the office of County Superintendent of Schools; also if pos- sessed of the qualifications for the right of suffi-age re- quired of men, and are taxpayers, have equally, with men, the right to vote on all questions submitted to the taxpayers of the State. *ARTICIvE IX. Section 2. Hvery male person of the age of twenty-one years or over, possessing the following qualifications, shall be entitled to vote at all general elections, and for all officers that now are, or hereafter may be, elective by the people, and upon all questions which may be submitted to the vote of the people: First, he shall be a citizen of the United States. Second, he shall have resided in this State one year immediately preced- ing the election at which he offers to vote, and in the town, county, or pre- cinct, such time as may be prescribed by law: Provided, first, that no person convicted of felony shall have the right to vote unless he has been pardoned; Provided, second, that nothing herein contained shall be construed to deprive any person of the right to vote who has such right at the time of the adoption of thisCon.stitution; Provided, that after the expiration of five years from the adoption of this Constitution no person except citizens of the United States shall have the right to vote. Sec. 3. For the purpose of voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while em- ployed in the service of the State, or of the United States, nor while engaged in the navigation of the waters of the State, or of the United States, nor while a student at any institution of learning, nor while kept at any almshouse or other asylum at the public expense, nor while confined in any public prison. Sec. 6. No soldier, seaman or marine in the army or navy of the United *Const, of Montana, 1889. VOTING QUALIFICATIONS. 97 3tates shall be deemed a resident of this State in consequence of being sta- tioned at any military or naval place within the same. Sec. 8, No idiot or insane person shall be entitled to vote at any electioa in this State. Sec. 9. The Legislative Assembly shall have the power to pass a regis- tration and such other laws as may be necessary to secure the purity of elec- tions and guard against abuses of the elective franchise. Sec. 10. Women shall be eligible to hold the office of County Superin- tendent of Schools or any school district office, and shall have the right to ▼ote at any school district election. Sec. II. Any person qualified to vote at general elections and for State off.cers in this State, shall be eligible to any office therein, except as other- wise provided in this Constitution, and subject to such additional qualifica- tions as may be prescribed by the Legislative Assembly for city offices and offices hereafter created. Sec. 12, Upon all questions submitted to the vote of the taxpayers of the State, or any political division thereof, women who are taxpayers and pos- sessed of the qualifications for the right of suffrage required of men by this Constitution, shall, equally, with men, have the right to vote. Nevada. ♦ARTICLE II. Section i. Every white (i) male citizen of the United States (not labor- ing under the disabilities named in this Constitution) of the age of twenty- one years and upwards, who shall have actually and not constructively re- sided in the State six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now are, or hereafter may be elected by the people, and upon all questions sub- mitted to the electors at such election : Provided, That no person who has been, or may be convicted of treason or felon)' in any State or Territory of the United States, unless restored to civil rights, and no person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amnesty be granted to such by the Federal Government, and no idiot or insane person shall be entitled to the privilege of an elector. Sec. 2, For the purpose of %'oting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while em- ployed in the service of the United States, nor while engaged in the naviga- *Const. of Nevada, 1864. (i) The word "white" annulled by the XVth Amendment to the Const, of the U.S. 9© VOTING QUAI^IFICATIONS. tion of the waters of the United S tates, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison. Sec. 3. The right of suffrage shall be enjoyed by all persons otherwise entitled to the same, who may be in the military or naval service of the United States: Provided, That the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their enli.-,tment: A>id provided further, That the payment of a poll-tax, or a registration of such votes, shall not be required as a condition to the right of voting. Provision shall be made by law regulating the man- ner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this Constitution, Sec. 6. Provision shall be made by law for the registration of the natnes of the electors within the counties of which they may be residents, and for ascertainment by proper proof of the persons who shall be entitled to the right of suffrage, as hereby established ; to preserve the purity of elections, and to regulate the manner of holding and making returns of the same ; and the I,egislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary as a test of electoral qualifica- tion. Sec. 7. The Legislature shall provide by law for the payment of an annual poll-tax of not less than two nor exceeding four dollars for each male per- son resident in the State between the ages of twenty-two and sixty years (uncivilized American Indians excepted), one-half to be applied for State and one-half for county purposes; and the lyCgislature may, in its discretion , make such payment a condition to the right of voting (i). ARTICI.S XV. Section 3. * * * ^o person who, while a citizen of this State, has since the adoption of this Constitution, fought a duel with a deadly weapon, either within or beyond the boundaries of this State, or who has aided as a second, or knowingly conveyed a challenge, or aided or assisted in any man- ner in fighting a duel, shall be allowed to hold any oflSce of honor, profit, or trust, or enjoy the right of suffrage under this Constitution. The lyCgislature shall provide by law for giving force and effect to this section. New Jersey. *ARTICI.K II. One.— Every male citizen of the United States, of the age of twenty -one (i) The poll-tax in Nevada is fixed by law at $3 ; but its payment, as a con- dition precedent to voting, was repealed by the Legislature during the session of 1869. ♦Const, of New Jersey, 1844, as amended 1875. VOTING QUALIFICATIONS. 99 years, who shall have been a resident of this State one year, and of the county in which he claims his vote five mouths, next before the election, shall be entitled to vote for all officers that now are, or hereafter may be, elective by the people: Provided, That no person in the military, naval, or marine service of the Unittd States, shall be considered a resident in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State ; and no pauper, idiot, insane person, or person convicted of a crime which now excludes him from being a witness, unless pardoned or restored by law to the right of sufirage, shall enjoy the right of an elector ; and provided further, That in time of war no elector in the actual military service of the State, or of the United States, in the Army or Navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the Legislature shall have power to provide the man- ner in which, and time and place at which, such absent electors may vote, and for the return and canvass of their votes in the election district in which they respectively reside. Two. The Legislature may pass laws to deprive persons of the right of suffrage who shall be convicted of bribery. Ohio. *ARTICLK V. Section i. Every white (i) male citizen of the United States of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county, township, or- ward in which he resides at such time as may be provided by law, shall have the qualifica- tions of an elector, and be entitled to vote at all elections. Sec. 4. The General Assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person convicted of bribery, perjury, or otherwise infamous crime. Sec. 5. No person in the military, naval, or marine service of the United States, shall, by being stationed in any garrison, or military or naval station ■within the State, be considered a resident of the State. Sec. 6. No idiot or insane person shall be entitled to the privileges of an elector. *Constitution of Ohio, 1851. (1) Annulled by the XVth Amendt. to Fed. Const. lOO VOTING QUALIFICATIONS. South Carolina. ♦ARTICLE I. Section 31. * * * * Every inhabitant of this commonwealth possess- ing the qualifications provided for in this Constitution shall have an equal right to elect officers and be elected to fill public office. Sec. 33. The right of suffrage shall be protected by laws regulating elections, and prohibiting under adequate penalties, all undue influences from power, bribery, tumult or improper conduct. Sec. 34. * * * No person in this State shall be disfranchised * * * except by the laws of the land or the judgment of his peers. Sec. 35. Temporary absence from this State shall not forfeit a residence once obtained. ARTICLE VIII. Section 2. Every male citizen of the United States, of the age of twen- ty-one years and upwards, not laboring under the disabilities named in the Constitution, without distinction of race, color, or former condition, who, shall be a resident of this State at the time of the adoption of this Constitu- tion, or who shall thereafter reside in this State one year, and in the County in which he offers to vote sixty days next preceding any election, shall be en- titled to vote for all officers that are now, or hereafter may be, elected by the people, and upon all questions submitted to the electors at any elections Provided, That no person shall be allowed to vote or hold office who is now or hereafter may be disqualified therefor by the Constitution of the United States, until such disqualification shall be removed by the Congress of the United States: Provided further, That no person, while kept in an alms- house or asylum, or of insane mind, or confined in any public prison, shall be allowed to vote or hold office. Sec. 3. It shall be the duty of the General Assembly to provide from time to time, for the registration of all electors. Sec. 4 For the purpose of voting, no person shall be deemed to have lost his residence by reason of absence while employed in the service of the United States, nor while engaged upon the waters of this State or of the United States, or of the high seas, nor while temporarily absent from the State. Sec. 5. No soldier, seaman, or marine in the Army or Navy of the United States, .shall be deemed a resident of this State in consequence of having been stationed therein. Sec. 7. Every person entitled to vote at any election shall be eligible to any office which now is, or hereafter shall be, elected by the people in the county where he shall have resided sixty days previous to such election, ex- *Constitution of South Carolina, 1868. VOTING QUAI^IFICATIONS. lOI «ept as otherwise provided in this Constitution or the Constitution of th« ©Hited States. Sec. 8. The General Assembly shall never pass any laws that will de- prive any of the citizens of this State of the right of ^uffrage, except of treason, murder, robbery, or duelling, whereof the persons shall have been duly tried and convicted. Sec. 12. No person shall be disfranchised for felony, or other crimes committed while such person was a slave. Vermont. CHAPTER I. VII. That all elections ought to be free and without corruption, and that all freemen, having a sufficient evidence, common interest with, and attach- ment to the community, have a right to elect officers and be elected into of- fice, agreeably to the regulations made in this Con.stitution. CHAPTER II. Section 8. The House of Representatives of the freemen of this State shall cou.sist of persons most noted for wisdom and virtue, to be chosen by ballot, by the freemen of every town in this State, respectively, on the ist Tuesday in September, anmually, for ever. Sec. 21. Every man, of the full age of twenty-one years, having resided in this State for the space of one whole year next before the election of Rep- resentatives, and is of a quiet and peaceable behavior, and will take the fol- lowing oath or affirmation, shall be entitled to all the privileges of a freeman of this State: "You solmenly swear [or affirm], that whenever you give your vote or suffrage touching any matter that concerns the State of Vermont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the Constitution, without fear or favor of any man." ARTlCIyE I. (I) Ko person who is not already a freeman of this State, shall be entitled to exercise the privilege of a freeman, unless he be a natural born citizen of this, or some one of the United States, or until he shall have been naturalized agreeably to the acts of Congress. *Const. of Vermont, 1793. (1) Const. Amendment adopted 1828. I02 VOTING QUAI^IFICATIONS. Washington. Untaxed Indians forever barred. Women legal voters at any school election. *ARTICIvK VL Section i. All male persons of the age of tweiity-oue years or over, possessing the following qualifications, shall be entitled to vote at all elec- tions: They shall be citizens of the United States. They shall have lived in the State one year and in the county ninety days, and in the cit5^ town, ward or precinct thirty days immediately preceding the election at which they offer to vote. Provided, That Indians not taxed shall never be allowed the elective fran- chise. Provided further, That all male persons who, at the time of the adoption of this Constitution, are qualified electors of the Territory shall be electors (i). Sec. 2. The I,egislature may provide that there shall be no denial of the elective franchise, at any school election on account of sex. Sec. 3. All idiots, insane persons, and persons convicted of infamous crimes, unless restored to their civil rights, are excluded from the elective franchise. Sec. 4. For the purpose of voting and eligibility to ofiice, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the State or of the United States, nor while a student at any institution of learning, nor while kept at the public expense at any poor-house or other asylum, nor while con- fined in public prison, nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas. The following article v^hich vs^as submitted separately to the people of Washington at the same election as that at which the Constitution was adopted, held October i, 1889, was rejected by the electors : All persons, male or female, of the age of twenty-one years or over, pos- *Constitution of Washington, 1889. (i) This provision gives the elective franchise to aliens who had declared their intention to become citizens of the United States before the time of the adoption of this Constitution. See "Voting Qualifications in the Territories," and Section i860 of the Revised Statutes of the United States. VOTING QUAUFICATIONS. 103 sessing the other qualifications provided by this Constitution, shall be en- titled to vote at all elections. Woman was, therefore, denied the right of an elector in the State of Washington, but she was subsequently given a limited right to vote. An act was passed by the State Legislature and ap- proved March 27, 1890, which contains the following provision: Section 58. Every person, male or female, over the age of twenty-one years, who shall have resided in the school district for thirty days, immedi- ately preceding any school election, and in the State one year, and is other- wise, except as to sex, qualified to vote at any general election, shall be a legal voter of any school election, and no other person shall be allowed to vote. And an Act approved March 28, 1890, opened every profession and calling to women as to men, but it de- barred them from holding public office. CLASS II. 1. A1.ABAMA, 6. Louisiana, ii. North Carolina, 2. Arkansas, 7. Michigan, 12. North Dakota, ^ Colorado, 8. Minnesota, 13. Oregon, 4. Indiana, 9. Missouri, 14. South Dakota, 5. Kansas, 10. Nebraska, 15. Wisconsin. Constitutional provisions of States whose qualified voters are * ' male citizens of the United States and male aliens who have declared their intention to become citi- zens." I04 VOTING QUAUFICATIONS. Alabama. *ARTICI,^ I. Section 34. The right of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influence from power, bribery, tumult, or other improper conduct. Section 38. No educational or property qualification for suffrage or of- fice, nor any restraint upon the same, on account of race, color, or previous condition of servitude, shall be made by law. ARTlCIvE VIII. Section i. Every male citizen of the United States, and every male per- son of foreign birth who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is twenty-one years old or upwards, possessing the following qualifications, shall be an elector, and shall be entitled to vote at any election by the people, except as herein- after provided ;. ist. He shall have resided in the State at least one year immediately pre- ceding the election at wliich he offers to vote. 2d. He shall have resided in the county for three months, and in the pre- cinct, district, or ward for thirty days immediately preceding the election at which he offers to vote : Provided, That the General Assembly may pre- scribe a longer or shorter residence in any precinct in any count}', or in any ward in any incorporated city or town having a population of more than 5,000 inhabitants, but in no case to exceed three mouths: And provided. That no soldier, sailor, or marine in the military or naval service of the United States shall acquire a residence by being stationed in this State. Skc. 3. The following classes shall not be permitted to register, vote, or hold office, ist. Those who have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary. 2d, Those who are idiots or insane, Arkansas. fARTICI^K II, Section 26. No religious test shall ever be required of any person ^s a qualification to vote or hold oflSce. ♦Const, of Alabama, 1875. fCenst. of Arkansas, 1874. VOTING QUALIFICATIONS. 105 ARTICI^E III. Section 1. Every male citizen of the United States, or male person who has declared his intention of becoming a citizen of the same, of the age of twenty-one years, who has resided in the State twelve months, and in the county six months, and in the voting precinct or ward one month, next pre- ceding any election, where he may propose to vote, shall be entitled to vote at all elections by the people. Sec. 5. No idiot or insane person shall be entitled to the privileges of an elector, Sec. 6. Any person who shall be convicted of fraud, bribery, or other wilful and corrupt violation of any election law of this State, shall be adjudged guilty of a felony, and disqualified from holding any office of trust or profit in the State. Sec. 7. No soldier, sailor, or marine, in the military or naval service of the United States, shall acquire a residence by reason of being stationed on duty in this State. article: V. Section 9. No person hereafter convicted of embezzlement of public money, bribery, forgery, or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this State. ARTICLE XIX. Section i. No person who denies the being of a God shall hold any of- fice in the civil departments of this State, nor be competent to testify as a witness in any court. Sec. 2. No person who may hereafter fight a duel, assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, shall hold any office in the State for a period of ten years; and may be otherwise pun- ished as the law may prescribe. Sec. 3. No person shall be elected to or appointed to fill a vacancy in any office w^ho does not possess the qualifications of an elector. Colorado. Women are entitled to vote at school district elections. I06 VOTING QUAI^IPICATIONS. Felons who have served their full term of imprison- ment restored to the rights of citizenship. ♦ARTICLE VII. Section i. Every male person over the age of twenty-one years, possess- ing the following qualifications, shall be entitled to vote at all elections : I St. He shall be a citizen of the United States, or, not being a citizen of the United States, he shall have declared his intention, according to law, to become such citizen, not less than four months before he offers to vote, 2d. He shall have resided in the State six mouths immediately preceding the election at which he offers to vote, and in the county, city, town, ward, or precinct, such time as may be prescribed by law: Provided, That no person shall be denied the right to vote at any school district election, nor to hold any school district office, on account of sex. Sec. 2. The General Assembly shall, at the first session thereof, or may at any subsequent session, enact laws to extend the right of .suffrage to women of lawful age, and otherwise qualified according to the provisions of this article. No such enactmeut shall be of effect until submitted to the vote of the qualified electors at a general election, nor unless the same be ap- proved oy a majority of those voting thereon. Sec. 3, The General Assembly may prescribe, by law, an educational quali- fication for electors, but no such law shall take effect prior to the year of our Lord one thousand eight hundred and ninety, and no qualified elector shall be thereby disqualified. Sec. 4. For the purpose of voting and eligibility to office, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the State, or of the United States, nor while a student at any institution of learn- ing, nor while kept at public expense in any poor-house or other asylum, nor while confined in public prison. Sec. 6. No person except a qualified elector shall be elected or appointed to any civil or military office in the State. Sec. 10. No person while confined in any public prison shall be entitled to vote ; but every svich person who was a qualified elector prior to such im- prisonment, and who is relea ed therefrom by virtue of a pardon, or by virtue of having served his full term of imprisonment, shall, without further action, be invested with all the rights of citizen ship, except as otherwise provided for in this Constitution. [The exception noted relates to depriving those who have participated as principals or assistants in a duel, *Const. of Colorado, 1876. VOTING QUALIFICATIONS. IO7 and those who have been convicted of embezzling public money, briber}^, perjur}^ solicitation of bribery, or subor- nation of perjury, of eligibility to the General Assembly and of the right of holding any oflSce of trust or profit in the State.] Indiana. *ARTICI.E II. Section 2. In all elections not otherwise provided for by this Constitu- tion, every white male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months immediately preceding such election, and every white male of foreign birth, of the age of twenty- one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his in- tention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside. Sec. 3. No soldier, seaman or marine in the Army or Navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State, in consequence of having been stationed within the same ; nor shall any such soldier, seaman, or marine have the right to vote. Sec. 4. No person shall be deemed to have lost his residence in the State by reason of his absence, either on business of this State or of the United States. Sec. 5. No negro or mulatto shall have the right of suffrage (i). Sec. 7. Every person who shall give or accept a challenge to .fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any of- fice of trust or profit. Sec . 8. The General Assembly shall have power to deprive of the right of suffrage, and to render ineligible, any person convicted of an infamous crime. Const, of Indiana, 1851 . (i) Annulled by the XlVth and XVth amendments to the Federal Consti- tution. Io8 VOTING QUALIFICATIONS. Kansas. ♦ARTICLB V. Section i. Every white (i) male person, of twenty-one years and up- wards, belonging to either of the following classes, who shall have resided in Kansas six months next preceding such election, and in the township or ward in which he offers to vote at least thirty days next preceding such elec- tion, shall be deemed a qualified elector : First— Citizens of the United States. Second— Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the sub- ject of naturalization. Sec. 2. No person under guardianship, non compos mentis or insane ; no person convicted of felony, unless restored to civil rights ; no person who has been dishonorably discharged, from the service of the United States, unless re- instated ; no person guilty of defrauding the Government of the United States or of any of the States thereof; no person guilty of giving or receiving a bribe, or offering to give or receive a bribe ; and no person -tvho has ever vol- untarily borne arms against the Government of the United States, or in any manner voluntarily aided or abetted in the attempted overthrow of said Government, except all persons who have been honorably discharged from the military service of the United States since the i.st of April, A. D. 1861, provided that they have served one year or more therein, shall be qualified to vote or hold office in this State, until such disability shall be removed by a law passed by a vote of two-thirds of all the members of both branches of the lyCgislature (2). Sec. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while em- ployed in the service of the United States, nor while engaged in the naviga- of the waters of this State, or of the United States, or the high seas, nor while a student in any seminary of learning, nor while kept at any alms- house or other asylum at public expense, nor while confined in any public prison ; and the I,egislature may make provisions for taking the votes of electors who may be absent from their township or wards in the volunteer militarj-^ service of the United States, or the militia service of this State ; but nothing herein contained shall be deemed to allow any soldier, seaman, or marine in the Regular Army or Navy of the United States the right to vote (3). *Con.st. of Kansas, 1859. (i) Annulled by the XlVth and XVth amendments to the Federal Const. ' (2) Constitutional Amendment ratified in 1867. (3) Constitutional Amendment ratified in 1864. VOTING QUAWFICATIONS. IO9 Sec. 3. No soldier, seaman, or marine in the army or navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State, in consequence of being stationed within the same ; nor shall any soldier, seaman, or marine have the right to vote. Sec. 4. The IvCgislature shall pass such laws as may be necessary for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established. ^Louisiana. Article 148.— No person shall hold any ofl&ce, State, parochial or munici- pal, or shall be permitted to vote at any election, or act as a juror, who, in due course of law, shall have been convicted of treason, perjury, forgery, bribery or other crime punishable by imprisonment in the penitentiary, or who shall be under interdiction. Art. 164. — No .soldier, sailor or marine in the military or naval service of the United States, shall hereafter acquire a domicile in this State by reason of being stationed or doing duty in the same. Art. 185.— Every male citizen of the United States, and every male per- son of foreign birth who has been naturalized or who may have legally de- clared his intention to become a citizen of the United States before he offers to vote, who is twenty-one years old or upwards, possessing the following qualifications, shall be an elector and shall be entitled to vote at any election by the people, except as hereinafter provided: First— He shall be an actual resident of the State at least one year next preceding the election at which he offers to vote. Second— He shall be an actual resident of the parish in which he offers to vote at least six months next preceding the election. Third— He shall be an actual resident of the ward or precinct in which he offers to vote at least thirty days next preceding the election. Art. 187.— The following persons shall not be permitted to register, vote or hold any office or appointment of honor, profit or trust in this State, to wit: Those who have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, illegal voting or other crime punish- able b}' hard labor in the penitentiary, idiots and insane persons. Art. i88.~No qualification of any kind for suffrage or office, nor any re- straint upon the same, on account of race, color or previous condition shall be made by law. Art. 193.— For the purpose of voting no person shall be deemed to have ♦Const, of Louisiana, 1879. no VOTING QUALIFICATIONS. gained a residence by reason of his presence, or lost it by reason of his ab- sence, while employed in the service, either civil or military, of this State or of the United States ; nor while engaged in the navigation of the waters of the State or the United States, or of the high seas, nor while a student of any in- stitution of learning. Art. 195. — No person shall be eligible to any office. State, judicial, paro- chial, municipal or ward, who is not a citizen of this State, and a duly qualified elector of the State, judicial district, parish, municipality or ward wherein the functions of said office are to be exercised. And whenever any officer. State, judicial, parochial, municipal or ward, may change his residence from this State, or from the district, parish, municipality or ward in which he holds such office, the same shall thereby be vacated, any declaration of inten- tion of domicile to the contrary notwithstanding. Michigan. Civilized Indians, not members of tribes, are electors. *ARTICI.^ VII. Sec. I. In all elections, every male citizen, every male inhabitant, residing in the State on the 24th day of June, 1835 ; every male inhabitant residing in the State on the 1st of January, 1850, who has declared his intention to be- come a citizen of the United States, pursuant to the laws thereof, .six months preceding an election, or .who has resided in this State two years and six months, and declared his intention as aforesaid ; and every civilized male in- habitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote ; but no citizen or inhab- itant shall be an elector or entitled to vote at any election, unless he shall be above the age of twenty-one years, and has resided in this State three months, and in the township or ward in which he offers to vote ten days, next preced- ing such election: Provided, That in time of war, insurrection, or rebellion, no qualified elector in the actual military service of the United States or of this State, in the Army or Navy thereof, shall be deprived of his vote by rea- son of his absence from the township, ward, or State in which he resides ; and the I^egi=lature shall have the power, and shall provide the manner in which and the time and place at which such absent electors may vote, and for the canvass and return of their votes to the township or ward election-district in which they respectively reside, or otherwise. Sec. 5. No elector shall be deemed to have gained or lost a residence by *Const. of Michigan, 1850, as amended, r87o. VOTING QUAI.IFICATIONS. Ill reason of his being employed in the service of the United States or of this State ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any alms-house or other asylum at public ex- pense ; nor while confined in any public prison. Sec. 7. No soldier, seaman, nor marine, in the Army or Navy of the United States, shall be deemed a resident of this State in consequence of be- ing stationed in any military or naval place within the same^. Sec. 8. Any inhabitant who may hereafter be engaged in a duel, either as principal or accessory before the fact, shall be disqualified from holding any office under the Constitution and laws of this State, and shall not be per- mitted to vote at any election. Minnesota. • Civilized Indians admitted to State citizenship and the right of suffrage. ♦ARTICLE VII. Section i. Every male i)erson of the age of twenty-years or upwards, be- longing to either of the following classes, who shall have resided in the United States one year, and in this State for four months next preceding any election, shall be entitled to vote at such election, in the election district of which he shall, at the time, have been for ten days a resident, for all officers that now are, or hereafter may be, elective by the people : First— Citizens of the United States. Second— Persons of foreign birth, who shall have declared their inten- tion to become citizens, conformably to the laws of the United States upon the subject of naturalization. Third— Persons of mixed white and Indian blood, who have adopted the customs and habits of civilization. Fourth— Persons of Indian blood residing in the State, who have adopted the language, customs and habits of civilization, after an examination before any district court of the State, in such manner as may be provided by law, and shall have been pronounced by said court capable of enjoying the rights of citizenship within the State. Sec. 2. No person not belonging to one of the classes specified in the preceding section ; no person who has been convicted of treason or any felony, unless restored to civil rights, and no person under guardianship, or who *Const. of Minnesota, 1857, as amended, 1868 112 VOTING QUALIFICATIONS. may be non compos mentis, or insane, shall be entitled or permitted to vote at any election in this State. Skc. 3. For the purposes of voting, no person shall be deemed to have lost a residence by reason of his absence vv^hile employed in the service of the United States ; nor w^hile engaged upon the waters of the State, or of the United States ; nor while a student of any seminary of learning ; nor while kept in any almshouse or asylum ; nor while confined in any public prison. Sec. 4. No soldier, seaman or marine in the Army or Navy of the United States shall be deemed a resident of the State in consequence of being sta- tioned within the same. Sec. 7. Every person who, by the provisions of this article, shall be en- titled to vote at any election, shall be eligible to any office which now is, or hereafter shall be, elective by the people in the district wherein he shall have resided thirty days previous to such election, except as otherwise provided in this Constitution, or the Constitution and laws of the United States. Sec. 8. The Legislature may, notwithstanding anything in this article, provide by law that any woman at the age of twenty-one years and upward may vote at any election held for the purpose of choosing any officers of schools, or upon any measure relating to schools, and may also provide that any such woman shall be eligible to hold any office pertaining solely to the management of schools. Missouri. *article; VIII. Section 2. Every male citizen of the United States, and every male person of foreign birth, who may have declared his intention to become a citizen of the United States, according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty- one years, possessing the following qualifications, shall be entitled to vote at all elections by the people : First— He shall have resided in the State one year immediately preceding the election at which he offers to vote. Second— He shall have resided in the county, city, or town where he shall offer to vote at least sixty days immediately preceding the election. Sec. 7. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his ab- sence, while employed in the service, either civil or military, of the United States ; nor while engaged in the navigation of the waters of the State, or of *Const. of Missouri, 1875. VOTING QUALIFICATIONS. II3 the United States, or of the high seas ; nor while a student of any institution -of learning ; nor while kept at any poor-house or other asylum at public ■expense ; nor while confined in public prison. Sec. 8. No person, while kept at any poor-house or other asylum, at public expense, nor while confined in any public prison, shall be entitled to vote at any election under the laws of the State. Sec. 10. The General Assembly may enact laws excluding from the right of voting all persons convicted of felony or, other infamous crime, of misdemeanors connected with the exercise of the right of suffrage. Sec. II. No officer, soldier (i) or marine in the Regular Army or Navy or the United States shall be entitled to vote at any election in this State! Nebraska. *ARTlCIvE VII. Section i. Every male person of the age of twenty-one years or upwards, belonging to. either of the following classes, who shall have resided in the State six months and in the county, precinct or ward for the term provided by law, shall be an elector : First— Citizens of the United States. Second— Persons of foreign birth who shall have declared their intention to become citizens, conformably to the laws of the United States on the sub- ject of naturalization, at least thirty days prior to an election. Sec. 2. No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the laws of the State, or of the United States, unless restored to civil rights. Sec. 3. Every elector in the actual military service of the United States, or of this State, and not in the Regular Army, may exercise the right of suf- frage at such place and under such regulations as may be provided by law. Sec . 4. No soldier, seaman or marine in the Army and Navy of the United States shall be deemed a resident of the State in consequence of being sta- tioned therein . An act of Congress passed in 1864 authorized ''the inhabitants ' ' of that portion of the Territory of Nebraska (i) In all other state Constitutions containing this prohibitory provision, seamen in the naval service of the United States have been included among those debarred from voting. But naval seamen seem to have escaped the notice of the framers of the Constitution ot Missouri ; and, in consequence, an ordinary seaman employed in the United States navy may, if he be other- wise qualified, exercise the elective franchise i ■• that State, although naval officers and marines are specially proliibited from voting. ♦Constitution of Nebraska, 1875. 114 VOTING QUA1.IFICATIONS. now represented in the State of Nebraska ' ' to form for themselves a Constitution and State government, the State thus formed to be admitted into the Union on an equal footing with the original States." The Constitution which these "inhabitants" formed in 1866-67 made electors of ' * white persons of foreign birth who shall have declared their intention to become citizens conformable to the laws of the United States on the subject of naturalization." The Act of Admission passed by Congress in 1867 ap- proved this Constitution, excepting so much of it as re- lated to a race distinction in the exercise of the elective franchise, and provided that the act should be inoperative until the State I^egislature in first session convened should change the fundamental condition so that within the State of Nebraska * * there shall be no denial of the elective franchise, or of any other right, to any person, by rea- son of race or color, excepting Indians not taxed." The State Legislature complied with this condition of Con- gress, and Nebraska entered the Union " on an equal foot- ing with the original States in all respects whatever." In all of the Territories at the time of their conversion into States, there have been alien inhabitants exercising the rights of electors. The political status of these aliens as members of the new State has been defined by the Supreme Court of the United States in a decision ren- dered February i, 1892, in the case of Thayer vs. Boyd — an appeal from the Supreme Court of Nebraska affect- ing the Governorship of that State growing out of the election of Boyd, a person of foreign birth, to that office. VOTING QUALIFICATIONS. II 5 Reference has been made to this case already (see note on page 36). Two points of great interest and importance relating to the admission of persons of foreign birth to Federal citizenship, are settled in this decision, namely : First — That a technical compliance with the require- ments of the laws adopted by Congress for ' ' an uniform rule of naturalization " is not absolutely essential, but there may be occasion when an equivalent in lieu thereof may be accepted. Second — That Federal citizenship is conferred upon ^uch alien inhabitants of a Territory admitted to State- hood as come under the operation of the provisions of the Enabling Act, the State Constitution and the Act of Admission, without regard for the requirements of the naturalization laws, these acts constituting a collective naturalization of all alien inhabitants of the Territor3^ The opinion in this case was written by Chief Justice Fuller and w^as concurred in by the majority of the court. The court held that the Enabling Act of Nebraska con- stituted the collective naturalization of all the inhabitants' thereof at the time of its admission into the Union, ex- cept such as announced that they intended to retain their rights as citizens or subjects of a foreign nation, and that the various offices held by Boyd and the exercise of the right of suffrage by him., with the oaths of allegiance to the United States he took at various times, show clearly that it was his intention to become a citizen of the United States, and that, in fact, he so considered himself. The opinion may be thus summarized : On January Il6 VOTING QUALIFICATIONS. 13, 1 891, leave was granted to John M. Thayer by the Supreme Court of Nebraska to file proceedings looking to ousting Boyd from the office of Governor of Nebraska. The point raised in the information filed by Thayer is that Boyd's father, although he had declared his inten- tion to become a citizen of the United States and for years exercised unquestioned, in Ohio, the rights of voting and holding office, had, in fact, never taken out his final naturalization papers, and was, therefore, not a citizen ; and that as James E. Boyd himself never had been natur- alized, but voted and held office under the belief that his father had become a naturalized citizen while he was a minor, he was, under the Constitution, not a citizen, and, therefore, was not eligible to the office of Governor of Nebraska. The State Constitution requires the Gover- nor shall be a citizen of the State for at least two years preceding his election. Boyd, in his reply, claimed that the Enabling Act of Nebraska constituted the collective natural- ization of all its inhabitants at the time of admission to Statehood, and also asserted that his father had in 1854 taken out his first naturalization papers, although the record did not show such fact. After disposing of Thayer's right to bring suit against Boyd, the court says it understands it is insisted that Boyd was an alien because his disabilities as a foreign- born citizen had never been removed by naturalization. Congress, it adds, in the exercise of the power to estab- lish an uniform rule of naturalization, has enacted general VOTING QUALIFICATIONS. II 7 laws for the naturalization of individuals, but that in- stances of collective naturalization by treaty or statute are numerous. There can be no doubt that in the ad- mission of a State collective naturalization may be effected in accordance with the intention of Congress and the peo- ple applying for admission. The admission " on an equal footing with the original States, in all respects what- ever, ' ' involves the adoption as citizens by the United States of those whom Congress makes members of the political community, and who are recognized as such in the formation of the new State with the consent of Con- gress. The question is not what the State may do in re- spect to citizenship, but what Congress may recognize in that regard in the formation of a State, The application of this doctrine is then made to the case of the State of Nebraska and its various proceedings looking to admis- sion considered. One clause of the State Constitution adopted provided that ' ' white persons of foreign birth who declared their intention to become citizens ' ' should be considered electors, and this Congress amended by de- claring it should not operate as a discrimination on ac- count of color. These provisions, in connection with Section 14 of the same State Constitution, that no dis- tinction shall ever be made by law between resident aliens and citizens in reference to property, seems to the court the clear recognition of a distinction between those who had and those who had not elected to become aliens. It follows from this that all who declared their inten- tion to become citizens, Congress so regarded, and placed Il8 VOTING QUALIFICATIONS. those whose naturalization was incomplete in the same category with persons already citizens. But it is argued that James Boyd never declared his intention to become a citizen of the United States, although his father had, and that, because, as alleged, his father had not completed his naturalization before his son attained his majority, the latter cannot be held to have been made a citizen by the Admission Act of Nebraska. The statutes, it says, leave much to be desired with reference to nationality laws and the status of minors whose parents declare their intention, but do not take out final papers before their children reach 21 years of age. Clearly minors, the court says, acquire inchoate status b}^ the declaration of inten- tion on the part of their parents. If they attain major- ity before the parents complete naturalization they have the right to repudiate the status and accept foreign allegi- ance rather than hold fast to a citizenship which the pa- rents' act initiated for them. Ordinarily, a minor makes application on his own behalf for naturalization, but it does not follow the equivalent may not on oc- casion be accepted in lieu of a technical compliance. The history of Boyd is then traced, of his voting in Ohio in 1855, under the belief and assurance from his father that he (the father) had taken out his final papers. Then his long career in Nebraska as a voter, an office- holder and soldier against the Indians, is cited, showing that for over thirty years he enjoyed all the rights of citizenship. Under the circumstances James E. Boyd, the court says, is entitled to claim, if his father did not VOTING QUALIFICATIONS. II 9 complete his naturalization before his son had attained a majority, that the son cannot be held to have occupied the inchoate status he acquired b}^ a declaration of inten- tion. On the contrary, the oaths taken and his action as a citizen, entitled him to insist upon the benefit of his father's act, and in being placed in the same category as his father would have occupied if he had emigrated to the Territory of Nebraska ; that, in short, he was, within the intent and meaning of the acts of Congress in relation to citizens, a citizen of the Territory, and was made a citizen of the United States and of the State of Nebraska under the organic and enabling acts and by the act of admission. North Carolina. *ARTICIvE J,] Section 22. As political rights and privileges are not dependent upon, or modified by property, therefore no qualification ought to afiect the right to hold office. ARTICI^E VI. Section i. p:;very male person born in the United States, and every male person who has been naturalized, twenty-one years old or upward, who shall have resided in the State twelve mouths next preceding the election, and ninety days in the count}' in which he offers to vote, shall be deemed an elec- tor. But no person who, upon conviction or confession in open court, shall be adjudged guilty of felony, or of any other crime infamous by the laws of this state, and hereafter committed (1), shall be deemed an elector, unless such per-on shall be restored to the rights of citizenship in a manner prescribed by law. Sec. 2. It shall be the duty of the General Assembly to provide, from time to time, for the registration of all electors ; and no person shall be al- *Constitution of North Carolina, 1876. (i) z. e., after January i, 1877. I20 VOTING QUAI.IFICATIONS. lowed to vote without registration, or to register without first taking an oath or affirmation to support and maintain the Constitution and laws of the United States and the Constitution and laws of North Carolina not inconsistent therewith. Sec. 4. Every voter, except as hereinafter provided, shall be eligible to office .* * * * Skc. 5. The following classes of persons shall be disqualified from office : First— All persons who shall deny the being of Almighty God. Second— All persons who shall have been convicted of treason, perjury, or any other infamous crime, since becoming citizens ot the United States, or of corruption or malpractice in office, unless such person shall have been legally restored to the rights of citizenship. North Dakota. Civilized descendants of Indians granted the right to vote. Women permitted to vote at school elections. *ARTICI,IC V. Section 121. Every male person of the age of twenty-one years and up- wards, belonging to either of the following classes, who shall have resided in the State one year, in the county six months, and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election : First— Citizens of the United States. Second — Persons of foreign birth who have declared their intention to be- come citizens, one year and not more than six years prior to such election, conformably to the naturalization laws of the United States. Third— Civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such election. Sec. 122. The Legislative Assembly shall be empowered to make further extensions of suffrage hereafter, at its discretion, to all citizens of mature age and sound mind, not convicted of crime, without regard to sex, but no law ex- tending the right of suffrage shall be in force until adopted by a majority of the electors of the State voting at a general election. Sec. 126. No soldier, seaman, or marine in the Army or Navy of ♦Const, of North Dakota, 1889. VOTING QUAI.IFICATIONS. 121 the United States, shall be deemed a resident of this State in consequence of his being stationed here. Sec. 128. Any woman having the qualifications enumerated in Section 121 of this Article as to age, residence and citizenship, and including those now qualified by the laws of the Territory, may vote for all school officers, and upon all questions pertaining solely to school purposes. Sec. 127. No person who is under jLuardianship, woM compos men it's or in- sane, shall be qualified to vote at any election, nor shall any person convicted of treason or felony, unless restored to civil rights. Oregon. *ARTICLE II. Section 2. In all elections not otherwise provided for by this Constitu- tion, every white (i) male citizen of the United States, of the age of twenty- one years and upwards, who shall have resided in the State during the six months immediately preceding such election, and every white (i) male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States one year pre- ceding such election, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote at all elections authorized by law. Sec. 3. No idiot or insane person shall be entitled to the privileges of an elector ; and the privilege of an elector shall be forfeited by a conviction of any crime which is punishable by imprisonment in the penitentiary. Sec. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while em- ployed in the service of the United States, or of this State ; nor while en- gaged in the navigation of the waters of this State, or of the United States, or on the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse or other asylum at public expense, nor while confined in any public prison. Sec. 5. No soldier, seaman or marine in the Army or Navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State in consequence of having been stationed within the same, nor shall any such soldier, seaman, or marine have the right to vote. ♦Constitution of Oregon, 1857. (i) Annulled by XVth Amendment to Fed. Const. 122 VOTING QUALIFICATIONS. Skc. 6, No negro, Chinaman, or mulatto shall have the right of suf- frage (i). Sec. 8. The lyCgislattve Assembly shall enact laws to support the priv- lege of free suffrage, pre-cribing the manner of regulating and conducting elections, and prohibiting, under adequate penalties, all undue influence therein from power, bribery, tumult, and other improper conduct. Sec. 17. All qualified electors shall vote in the election precinct in the county, where they may reside, for county officers, or in the State for State officers, or in any county of a Congressional district in which such electors may reside for members of Congress. South Dakota. Women and Indians ineligible as electors. Women may vote at elections for school purposes. Women may hold any office not otherwise provided for. *ARTICLE VII. Sec. I. Every male person resident of this State, who shall be of the age of twenty-one years and upwards, not otherwise disqualified, belonging to either of the following classes, who shall be a qualified elector under the laws of the Territory of Dakota at the date of the ratification of this Constitution by the people, or who shall have resided in the United States one year, in this State six months, in the county thirty days, and in the election precinct where he offers his vote ten days next preceding any election, shall be deemed a qualified elector at such election : First— Citizens of the United States. Second — Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States upon the subject of naturalization. [Sec. 2 of the same article provided for the submission to popular vote at the general election next ensuing, by the State I^egislature at its first session, of the question, "Shall the word 'male' be stricken from the article of the Con- stitution relating to elections and to the right of suffrage?" Thiswasduly done, and was answered by the electors in the negative. At the same general election, in accordance with another act of the Legislature, the following pro- posed amendment to the Constitution was voted upon : "No Indian who sus- (i) Inoperative excepting as to Chinamen, because in violation of the XVth Amendment to the Federal Constitution. ♦Constitution of South Dakota, i88q. VOTING QUALIFICATIONS. 12$ tains tribal relations, receives support in whole or in part from the Govern- ment of the United States, or holds untaxable land in severalty, shall be permitted to vote at any election held under this Coiistitution ?" and the amendment prevailed. Woman and the untaxed Indian retaining his tribal relations were, therefore, both excluded from the right to vote.] Sec. 6. No elector shall be deemed to have lost his residence in this State by rea on of his absence on business of the United States, or of this State, or in the military or naval service of the United States. Sec. 7. No soldier, seaman or marine in the Army or Navy of the United States shall be deemed a resident of this State in consequence of his being stationed therein. Sec. 8. No person under guardianship, non compos mentis, or insane, shall be qualified to vote at any election, nor shall any person convicted of trea- son or felony be qualified to vote at any election, unless restored to civil rights. Sec. 9. Any woman having the qualifications enumerated in Section i of this article, as to age, lesidence and citizenship, and including those now qualified by the laws of the Territory, may vote at any election held solely for school purposes, and may hold any office in this State except as otherwise provided for in this Constitution. Wisconsin. Civilized persons of Indian descent granted the right of suffrage. *ARTICI.E III. Section i. Every male person of the age of twenty-one years and up- ward, belonging to either of the following classes,, who shall have resided in the State for one year next preceding any election, shall be deemed a qualified elector at such election : fi) First— White citizens of the United States. (i) Second— White persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization. Third— Persons of Indian blood, who have once been declared by law of Congress to be citizens of the United States, any subsequent law of Congress to the contrary notwithstanding. Fourth— Civilized persons of Indian descent, not members of any tribe: ♦Constitution of 1848. (i) Held by the Sup. Court in 1S66, that the right of suflfrage was extended to colored persons by vote of the people at a general election held Nov. 6. 1849. 124 VOTING QUALIFICATIONS. Provided, That the IvCgislature may, at any time, extend by law the right of suffrage to persons not herein enumerated ; but no such law .'^hall be in force until the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast at such election. Sec. 2. No person under guardianship, von compos mentis, or insane, shall be qualified to vote at any election ; nor shall any person convicted of treason or felony be qualified to vote at any election unless restored to civil rights. Sec . 4, No person shall be deemed to have lost his residence in this State by reason of his absence on business ot the United States or of this State. Sec. 5. No soldier, seaman or marine in the Army or Navy of the United States shall be deemed a resident of this State in consequence of being sta- tioned within the same. Sec. 6. lyaws may be passed excluding from the right of suffrage all per- sons who have been or may be convicted of bribery or larceny, or of any in- famous crime, and depriving every person who shall make, or become, di- rectly or indirectly, interested in any bet or wager depending upon the result of any election, from the right to vote at such election. ARTICIvE XIII. Section 2. Any inhabitant of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory, shall forever be disqualified as an elector, and from holding any office under the Coiistitution and laws of this State, and may be punished in such other man- ner as shall be prescribed by law. CLASS III. I. West Virginia. Constitutional provisions of States restricting the right of suffrage to ''male citizens of the State." West Virginia. *ARTICLE IV. Sec. I. The male citizens of the State (i) shall be entitled to vote at all elec- tions held within the counties in which they respectively reside ; but no per- son, who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony, or bribery in an election, or who has not been a resident of the State for one year and of the county in which he offers to vote *Constitution of West Virginia, 1872. (i) Federal Citizens only State citizens. Art. II, Sec. 3. VOTING QUALIFICATIONS. 1 25 for sixty days next preceding such oflfer, shall be permitted to vote while such disability continues ; but no person in the military, naval or marine service of the United States shall be deemed a resident of this State by reason of being statiotved therein. Sec. 12. No person shall ever be denied or refused the right or privilege of voting at an election because his name is not or has not been registered or listed as a qualified voter. CLASS IV. I. Kentucky. 2. New York. Constitutional provisions of States restricting the right of suffrage to * 'male citizens. ' ' Kentucky. *ARTICI.E II. Sec. 8. Every free white (i) male citizen (2) of the age of twenty-one years, who has resided in the State two years, or in the county, town or city in which he offers to vote one year, next preceding the election, shall be a voter ; but such voter shall have been loi sixty days next preceding the elec- tion a resident of the precinct in which he offers to vote, and he shall vote in said precinct, and not elsewhere. ARTICLE VIII. Sec. 4. Laws shall be made to exclude from office and from suffrage those who shall thereafter be convicted of bribery, perjury, forgery, or other crimes or high misdemeanors (3). The privilege of free suffrage shall be sup- *Constitution of Kentucky, 1850. (i) Annulled by the Fifteenth Amendment to the Federal Constitution. (2) Foreigners who have resided in the State, county, and precinct the length of time required by the Constitution are entitled to vote immediately after being naturalized.— Morgan vs. Dudley, 18 B, M., 724; Gen. Siats. Ky., 1887, p. 94, note i. (3) By ail act of the Legislature (Art. 12, Chap. 32, Rev. Stats, of Kentucky, 1852^, which went into effect July i, 1852, any person sending or accepting a challenge to fight a duel, or any person carrying such challenge or consenting to act as a second, upon conviction, forfeited office and the right of suffrage for seven years. A person receiving a bribe is subject to fine or imprisonment, or both, and to exclusion from office and the right of suffrage ; and a person bribing an- other is liable to a fine or imprisonment, or both, and to exclusion from office and the right of suffrage for five years. Any person condemned to confinement in the penitentiary for larceny, robbery, forgery, counterfeiting or perjury, or any such like crime, shall for- feit his right of suffrage for ten years, after his n onviction. 126 VOTING QUALIFICATIONS. ported by laws regulating elections, and prohibiting, under adequate penal- ties, all undue influences thereon from power, bribery, tumult or other im- proper practices. Sec. 12. Absence on business of this State, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suf- frage, or of being elected or appointed to any office under this commonwealth^ under the exceptions contained in this Constitution. New York. ♦article I. Sec. I. No member* of this State shall be disfranchised, or deprived of any of the rights and privileges secured to any citizens thereof, uuless by the law of the land or the judgment of his peers. ARTICI.E II. Sec. I. Every male citizen of the age of twenty one years, who shall have been a citizen for ten days and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may 'offer his vote, shall be entitled to vote at such election in the election district of which he shall be at the time a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and npon all ques. tions which may be submitted to the vote of the people : Provided, That in time of war no elector in the actual military service of the State, or of the United States, in the Army and Navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the Legislature shal^ have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. "*■ Sec. 2. No person who shall receive, expect, or offer to receive, or pay, offer, or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or other valuable thing as a compensation or re- ward for the giving or withholding a vote at an election, or who shall make any piomise to influence the giving or withholding any such vote, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election, shall vote at such election ; and upon challenge for such cause, the person so challenged, before the ofl&cers authorized for that purpose shall receive his vote, shall swear or affirm, before *Constitution of New York of 1846 as amended in 1874. VOTING QUALIFICATIONS. 1 27 such officers, that he has not received or oflFered, does not expect to receive, has not paid, offered, or promised to pay, contributed, offered, or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at such election, and has not made any promise to influence the giving or withholding of any such vote, nor made or become directly or indirectly interested in any bet or wager depending upon the result of such election. The Legislature, at the session thereof next after the adoption of this section, shall, and from time to time thereafter may, enact laws excluding from the right of suflFrage all persons convicted of bribery or of any infamous crime. Sec. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while em- ployed in the service of the United States ; nor while engaged in the navi- gation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison. Sec. 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established. GENERAL ELECTION LAW. Title I. Sec. 5. No person who shall have been convicted of an infamous crime deemed by the laws a felony, at any time previous to an election, shall be per- mitted to vote thereat ; unless he shall have been pardoned before or after his term of imprisonment has expired, and restored by pardon to all the rights of a citizen. CLASS V. I. New Hampshire. Constitutional provisions of States whose qualified voters are "male inhabitants." New Hampshire. *PART I. Article ii. All elections ought to be free, and every inhabitant of the State having the proper qualifications has equal right to elect and to be elected into office. *Constitution of New Hampshire 1792, with amendments of 1877. 128 VOTING QUALIFICATIONS. PART II. Section 28. The Senate shall be the first branch of the I^egislature, and the Senators shall be chosen in the following manner, viz, : every male in- habitant of each town and parish with town privileges, and places unin- corporated, in this State, of twenty-one years of age and upward, excepting paupers and persons excused from paying taxes at their own request, shall have a right, at the biennial or other meeting of the inhabitants of said towns and parishes, to be duly warned and holden biennially forever in the month of November, to vote in the town or parish wherein he dwells, for the Senator in the district whereof he is a member. Sec. 30. And every person qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town, parish and plantation where he dwelleth and hath his home. Sec. 31. And the inhabitants of plantations and places unincorporated, qualified as this Constitution provides, who are or shall be required to assess taxes upon themselves toward the support of government, or shall be taxed therefor, shall have the same privilege of voting lor Senators in the planta- tions and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose shall be holden biennially in the month of November, at such places respectively therein as the assessors thereof shall direct ; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their sev- eral towns by this Constitution. CIvASS VI. I. Wyoming. Constitutional provisions of States granting the right of suffrage to ' ' all citizens of the United States, ' ' irre- spective of sex. Wyoming. Voters must be able to read, unless prevented by physical disability. ♦ARTICLE VI. Section i. The rights of citizens of the State of Wyoming to vote and hold ♦Constitution of Wyoming; 1889. VOTING QUALIFICATIONS. 1 29 office shall not be denied or abridged on account of sex. Both male and fe- male citizens of this State shall enjoy all civil, political and religious rights and privileges. Sec. 2. :Every citizen of the United States of the age of twenty-one years and upwards, who has resided in the State or Territory one year and in the county wherein such residence is located sixty days next preceding any elec- tion, shall be entitled to vote at such election, except as herein otherwise provided. Sec. 5. No person shall be deemed a qualified elector of this State, un- less such a person be a citizen of the United States. Sec. 6. All idiots, insane persons, and persons convicted of infamous crimes, unless restored to civil rights, are excluded from the elective franchise. Sec. 8. No soldier, seaman or marine in the Army or Navy of the. United States shall be deemed a resident of this State in consequence of his being sta- tioned here. Sec. 9. No person shall have the right to vote who shall not be able to read the Constitution of this State. The provisions of this section shall not apply to any person prevented by physical disability from complying with its re- quirements. Sec. 10. Nothing herein contained shall be construed to deprive any per- son of the right to vote who has such right at the time of the adoption of this Constitution, unless disqualified by the restrictions of Section 6 of this Article. After five years from the adoption of this Constitution none but citizens of the United States shall have the right to vote. Sec. 12. No person qualified to be an elector of the State of Wyoming, shall be allowed to vote at any general or special election hereafter to be holden in this State, unless he or she shall have registered as a voter accord- ing to law, unless the failure to register is caused by sickness or absence, for which provision shall be made by law. The Legislature of the State shall en" act such laws as will carry into effect the provisions of this section, which en- actment shall be subject to amendment, but shall never be repealed ; but this section shall not apply to the first election held under this Constitution, CI.ASS VII. 1. Connecticut. 5. Pknnsyi.vania. 2. Delaware. 6. Rhode Island. 3. Georgia. 7. Tennessee. 4. Massachusetts. 8. Texas. 9. Virginia. 130 VOTING QUALIFICATIONS. Constitutional provisions of States granting the right of suffrage to " male citizens," or to " male citizens of the United States," or to "male citizens of the United States and male aliens who have declared their intentions," under special limitations. Connecticut. An educational qualification required of electors. ARTICIvE VI-CONSTITUTION 1818. Sec. 3. The privilege»of an elector shall be forfeited by a conviction of bribery, forgery, perjury, dueling, fraudulent bankruptcy, theft, or other offense, for which an infamous punishment is inflicted. Sec. 4, Every elector shall be eligible to any office in this State, except in the cases provided for in this Constitution. ARTICI.E VIII— CONSTITUTIONAL. AMENDMENT 1845. Every white male citizen of the United St&tes, who shall have attained Ihe age of twenty-one years, who shall have resided in this State for a term of one year next preceding, and in the town in which he may offer himself to ■be entitled to the privilege of an elector at least six months next preceding the time he may so offer himself, and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector, ARTICI.E XI— CONSTITUTIONAL. AMENDMENT I855. Every person shall be able to read any article of the Constitution, or any section of the Statutes of the State, before being admitted as an elector. ARTICLE XVII— CONSTITUTIONAL AMENDMENT 1875. The General Assembly shall have power, by a vote of two-thirds of the mem- bers of both branches, to restore the privileges of an elector to those'who may have forfeited the same by a conviction of crime. Delaware. Tax qualifications requisite in an elector twenty-two years of age and upwards. VOTING QUAI.IFICATIONS. 13I * ARTICLE IV. Section i. All elections for Governor, Senators, Representatives, Sheriffs and Coroners shall be held on the Tuesday next after the first Monday in the month of November of the year in which they are to be held, and be by ballot ; and in such elections every free white male citizen of the age of twenty-two years, or upwards, having resided in the State one year next be- fore the election, and the last month thereof in the county where he offers to vote, and having within two years next before the election paid a county tax,, which shall have been assessed at least six months before the election, shall enjoy the right of an elector ; and every free white male citizen of the age of twenty-one years, and under the age of twenty-two years, having resided as aforesaid, shall be entitled to vote without payment of any tax ; provided^ that no person in the military, naval or marine service of the United States- shall be considered as acquiring a residence in this State, by being stationed in any garrison, barrack or military or naval place or station within this State ; and no idiot, or insane person, or pauper, or person convicted of a crime deemed by law felony, shall enjoy the right of an elector ; and that the Legislature may impose the forfeiture of the right of suffrage as a punishment for crime^ Georgia. Tax qualification. fARTlCLE II. Section i. Paragraph II. Every male citizen of the United States (ex- cept as hereinafter provided), twenty-one years of age, who shall have re- sided in this State one year next preceding the election, and shall have resided six months in the county in which he offers to vote, and shall have paid all taxes which may hereafter be required of him, and which he may have had an opportunity of paying, agreeably to law, except for the year of the election, shall be deemed an elector : Provided, that no soldier, sailor or marine in the military or naval service of the United States, shall acquire the rights of an elector by reason of being stationed on duty in this State ; and no person shall vote who, if challenged, shall refuse to take the following oath, or affir- mation : " I do swear (or affirm) that I am twenty one years of age, have resided in this State one year, and in this county six months, next preceding this elec- tion. I have paid all taxes which, since the adoption of the present Constitu- tion of this State, have been required of me previous to this year, and which *Const. of Delaware, 1831. fConst, of Georgia, 1877. 132 VOTING QUAI.IFICATIONS. I have had an opportunity to pay, and I have not voted at this election " Sbc. 2. Paragraph I. The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor or trust in this State, to-wit : First— Those who have been convicted, in any court of competent juris- diction, of treason against the State, of embezzlement of public funds, mal- feasance in office, bribery or larceny, or of any crime involving moral turpi- tude, punishable by the laws of this State with imprisonment in the peniten- tiary, unle&s such person shall have been pardoned. Second — Idiots and insane persons. Massachusetts. Tax and educational qualifications. ARTlClyE III. (i) Every male citizen of twenty-one years of age and up- wards (excepting paupers and persons under guardianship), who shall have resided within the commonwealth one year, and within the town or district in which he may claim a right to vote six calendar months next preceding any election of Governor. Ivieutenant-Governor, Senators or Representatives, and who shall have paid, by himself or his parent, master, or guardian, any State or county tax which shall, within two years next preceding such election, have been assessed upon him in any town or district of this commonwealth, and also every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of Governor, L,ieutenant-Governor, Senators and Rep- resentatives, and no other person shall be entitled to vote in such elections. (2) ARTICI^E XX. No person shall have the right to vote, or be eligible to office under the Constitution of this common wealth, who shall not be able to read the Constitution in the English language, and write his name : Provided, how- ever, that the provi.sions of this amendment shall not apply to any person pre- vented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor £o any person who shall be sixty years of age or upwards at the time this amendment shall take effect. [In 1859 an amendment to the Constitution was adopted prohibiting pei- sons of foreign birth from holding office or voting unless they had resided at least two years within the jurisdiction of the United States subsequent to their naturalization, but this amendment was annulled in 1863.] (i) Amendment to Const, of Mass. of 1780; ratified 1822. (2) Const, amendment, ratified 1857. VOTING QUALIFICATIONS. I33 Pennsylvania. ■Tax limitations. Temporary disqualifications for voting. ♦ARTICLE I. Sec. 5. Elections shall be free and equal ; and no power, civil or mili- tary, shall at any time interfere to prevent the free exercise of the right of sufiErage. ARTICLE VIII. Section i. Every male citizen twenty-one years of age, possessing the following qualifications, shall be entitled to vote at all elections : First— He shall have been a citizen of the United States at least one month. Second— He shall have resided in the Slate one year (or if, having prev- iously been a qualified elector or native-born citizen of the State, he shall have removed therefrom and returned, then six months), immediately preceding the election . Third — He shall have resided in the election district where he shall oflfer to vote at least two months immediately preceding the election. Fourth— If twenty-two years of age or upwards, he shall have paid with- in two years a State or county tax, which shall have been assessed at least two months, and paid at least one month, before the election. Sec. 6. Whenever any of the qualified electors of this commonwealth shall be in actual military service, under a requisition from the President of the United States or by the authority of this commonwealth, such electors may •exercise the right of suffrage in all elections by the citizens, under such regu- lations as are or shall be prescribed by law, as fully as if they were present at their usual places of election. Sec. 7. All laws regulating the holding of elections by the citizens or for the registration of electors, shall be uniform throughout the State, but no elector shall be deprived of the privilege of voting by reason of his name not being registered. Sec. 8. Any person who shall give, or promise, or offer to give, to an elec- tor, any money, reward, or other valuable consideration for his vote at an elec- tion, or for withholding the same, or who shall give or promise to give such consideration to any other person or party for such elector's vote, or for the withholding thereof, and any elector who shall receive or agree to receive, for himself or for another, any money, reward, or other valuable consideration for his vote at an election or for withholding the same, shall thereby forfeit the *Const. of Pennsylvania, 1873. 134 VOTING QUALIFICATIONS. right to vote at such election, and any elector whose right to vote shall be challenged for such cause before the election officers, shall be required ta swear or affirm that the matter of the challenge is untrue before his vote shall be received. Sec. 9. Any person who shall, while a candidate for office, be guilty of bribery, fraud, or wilful violation of any election law, shall be forever dis- qualified from holding an office of trust or profit in this commonwealth ; and any person convicted of wilful violation of the election laws shall, in ad- dition to any penalties provided by law, be deprived of the right of suffrage absolutely for a term of four years. Sec. 13. For the purpose of voting no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his ab- sence, while employed in the service, either civil or military, of this State or of the United States, nor while engaged in the navigation of the waters of the State or of the United States, or on the high seas, nor while a student or any institution of learning, nor while kept in any poor-house or other asylunr at public expense, nor while confined in public prison. Rhode Isi^and. Freehold and Tax lyimitations. Residents on lands ceded to the United States denied the privilege of electors. * ARTICLE II. Section i. Every male citizen of the United States of the age of twenty-one years, who has had his residence and his home in this State one year, and in the town or city in which he may claim a right to vote six months, next pre- ceding the time of voting, and who is really and truly possessed in his own right of real estate in such town or city of the value of one hundred and thirty-four dollars, over and above all incumbrances, or which shall rent for seven dollars per annum, over and above any rent received, or the interest of any incumbrances thereon, being an estate in fee-simple, fee-tail, for the life of any person, or an estate in reversion or remainder, which qualifies no other person to vote, the conveyance of which estate, if by deed, shall have been recorded at least ninety days, shall hereafter have a right to vote at the election of all civil officers, and on all questions, in all legal town or ward meetings, so long as he continues so qualified. And if any person hereinbe- fore described shall own any such estate within this State out of the town or ♦Const, of Rhode Island, 1842, VOTING QUAUFICATIONS. 1 35 city in which he resides, he shall have a right to vote in the election of all general ofl&cers and members of the General Assembly, in the town or city in which he shall have had his residence and home for the term of six months next preceding the election, upon producing a certificate from the clerk of the town or city in which his estate lies, bearing date within ten days of the time of his voting, setting forth that such person has a sufficient estate therein to qualify him as a voter, and that the deed, if any, has been recorded ninety days. Sec. 2, Every male native citizen of the United States, of the age of twenty-one years, who has had his residence and home in this State for two years, and in the town or city in which he may offer to vote, six months^ next preceding the time of voting, whose name is registered pursuant to the act calling the convention to frame this Constitution, or shall be registered in the office of the clerk of such town or citj', at least seven days before the time he shall oflfer to vote, and before the last day of December in the present year, and who has paid or shall pay a tax or taxes, assessed upon his estate within this State, and within a year of the time of voting, to the amount of one dollar, or who shall voluntarily pay, at least seven days before the time he shall offer to vote, and before the said last day of December, to the clerk or treasurer of the town or city where he resides, the sum of one dollar, for the support of public schools therein, and shall make proof of the same, by the certificate of the clerk, treasurer, or collector of any town or city where such payment is made ; or who, being so registered, has been, enrolled in any military company in this State, and done military service or duty therein, within the present year, pursuant to law, and shall (until other proof is required by law) prove by the certificate of the officer legally commanding the regiment, or chartered, or legally authorized volunteer company, in which he may have served or done duty, that he has been equipped and done duty ac- cording to law, or by the certificate of the commissioners upon military claims that he has performed military service, shall have a right to vote in the election of all civil officers and on all questions in all legally organized town or ward meetings, until the end of the first year after the adoption of this: Constitution, or until the end of the year eighteen hundred and forty-three. From and after that time, every such citizen, who has had the residence herein required, and whose name shall be registered in the town where he resides, on or before the last day of December in the year next preceding the time of his voting, and who shall show by legal proof that he has for and within the year next preceding the time he shall offer to vote paid a tax or taxes assessed against him in any town or city in this State to the amount of one dollar, or that he has been enrolled in a military company in this State,, been equipped and done duty therein, according to law, and at least for one day during such year, shall have a right to vote in the election of all civil offi- cers and on all questions in all legally organized town or ward meetings •. 136 VOTING QUAIvIFlCATIONS. Provided, That no person shall at any time be allowed to vote in the election of the City Council of the city of Providence, or upon any proposition to im- pose a tax, or for the expenditure of money in any towa or city, unless he shall within the year next preceding have paid a tax assessed upon his prop- erty therein, valued at least at one hundred and thirty-four dollars. Sec. 3. The assessors of each town or city shall annually assess upon every person whose name shall be registered a tax of one dollar, or such sum as with his other taxes shall amount to one dollar, which registry tax shall be paid into the treasury of such town or city, and be applied to the sup- port of public schools therein. But no compulsory process shall issue for the collection of any registry tax : Provided, That the registry tax of every person who has performed military duty, according to the provisions of the preceding section, shall be remitted for the year he shall perform such 4 Wallace, 333. i88 THK FEDERAI. CONSTITUTION. seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness wnereof, we have hereunto subscribed our names. GEO. WASHINGTON, President and Deputy from Virginia, New Hampshire : JOHN I^ANGDON. Massachusetts : NATHANIEL GORMAN. Connecticut : WM. SAMUEI/ JOHNSON New York : AI.EXANDER HAMII^TON. New Jersey : WII^IvIAM WVINGSTON. WII.I,IAM PATTERSON. Pennsylvania : BENJAMIN FRANKI.IN. ROBERT MORRIS. THOMAS FITZSIMONS. JAMES WILSON. Delaware : GEORGE REED. JOHN DICKINSON. JACOB BROOM. Maryland : DANIEL CARROLL, DAN 'I, OF ST. THOS. JENIFER Virginia : JOHN BLAIR, North Carolina : WILLIAM BLUNT. HUGH WILLIAMSON. South Carolina : JOHN RUTLEDGE. CHARLE;S PINCKNiEY. Georgia : WILLIAM FEW. NICHOLAS OILMAN. RUFUS KING. ROGER SHERMAN. DAVID BREARLE. JONATHAN DAYTON. THOMAS MIFFLIN. GEORGE CLYMER. JARED INGERSOLL. GOUV. MORRIS. GUNNING BEDFORD, Jun. RICHARD BASSETT. JAMES McHE->RY. JAMES MADISON, Jun. RICH'D DOBBS SPAIGHT. C. COATESWORTH PINCKNEY. PIERCE BUTLER. Atteit. ABRAHAM BALDWIN. WILLIAM JOHNSON, Secretary. THK FEDERAL CONSTITUTION. 1 89 — TO THE — FEDERAL CONSTITUTION. *artici.e: I. Right of Conscience, Freedom of the Press, etc. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, und to petition the government for a redress of grievances. *ARTICLK II. the militia. A well regulated militia being necessary for the security of a free State, the right of the people to keep and bear arms shall not be infringed. *ARTICI.e: III. Quartering Soldiers. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. ♦ARTICLE IV. Unreasonable Searches and Seizures. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue but upon probable cause, supported by oath or affirma- tion, and particularly describing the place to be searched, and the persons or things to be seized, *ARTICLK V. Crimes and Indictments. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, nor shall any person be subject, for the sam e of« fense, to be twice put in jeopardy of life or limb ; nor shall be compelled in * Articles I to X, inclusive, were proposed by Congress September 25, 1789, and ratified by the requisite three-fourths of the State IvCgislatures December 15, 1791. I go THE FEDERAI. CONSTITUTION. any criminal case to be a witness against himself; nor to be deprived of life, liberty or property, without due process of law ; nor shall private property be taken for public use" without just compensation. *ARTICLE VI. Criminal Prosecutions. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informod of the nature and cause of the accusa- tion ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, ah d to h^ve the assistance of counsel for his defense. *ARTICI.K VII. Trial by Jury in Civil Cases. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. *ARTICLE VIII. Bails, Fines and Punishments. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. *ARTICLE IX. Reserved Rights. The enumeration in the Constitution, of certain rights, shall not be con- strued to deny or disparage others retained by the people. *ARTICLE X. State Rights. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ^ARTICLE XI. The Judicial Powfr. The judicial power of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State (i). * See note at loot of previous page. (*T) Proposed by Congress March 5, 1794 ; ratified Jan. 8, 179S. (i) Amending Article III, Sec. 2, Fed. Const. THE FEDERAL CONSTITUTION. I91 tARTICLE XII. How THE President and Vice President are Elected. The electors shall meet in their respective States $ and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabi- tant of the same State with themselves ; they shall name, in their ballots, the person voted for as President, and in distinct ballots the person voted for as Vice President ; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for [each, which list they shall sign and certify, and transmit sealed * to the seat of the government of the United States, directed to the President of the Senate ; the President of the Senate shall, in the presence of the Senate and House of Representatives,! open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for Presi- dent shall be the President, if such number be a majority of the whole num- ber of electors appointed ; aud if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose imme- diately, by ballot, the President ; but in choosing the President the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two- thirds of the States, and a majority of all the States shall be necessary to a choice ; and if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other Constitutional disability of the President The person having the greatest number of votes as Vice-President shall be the Vice- President, if such number be a majority of the whole number of electors ap- pointed; and if no person have a majority, then from the two highest num- bers on the list, the Senate shall choose the Vice Pres^ident ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators and a ma- jority of the whole number shall be necessary to a choice. But no person con- stitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States (i). t Proposed December 12, 1803 ; ratified Sept. 25, 1804. $ On the first Wednesday in December, by act of Congress, March i, 1792. * Before the first Wednesday in January, by act of Congress, March, 1792. t On the second Wednesday in February, by the same act. (i; Under this provision of the Federal Constitution, it is impossible now for any citizen not "natural born " to become Vice-President of the United States, for all those persons of alien birth who were eligible to the Presidency by virtue of their citizenship at the time of the adoption of the Constitution and fourteen years' residence in the country, have long since passed away. The Succession Act of 1886 provides that the line of succession to the Presi- dency shall pass through certain Cabinet officers therein named, but it ex- pressly disqualifies any one of these officers from the right of succession if of foreign birth. 192 THE FEDERAL CONSTITUTION. , *ARTlCIvE XIII. Section I— Slavery Abolished. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section II. Congress shall have power to enforce this article by appropriate legisla- tion (i). fARTICIvE XIV. Section I — Citizenship and its Rights. All persons born or naturalized in the United States, and subject to the j urisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (2). Section II— Representation. Representatives shall be apportioned 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, 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 anyway abridged, except for participation in, rebel- lion, 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. Section III— Disability of Persons Engaged in the Rebellion. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State to sup- *Proposed February i, I865 ; declared ratified December 18.. 1865. fProposedby Congress June 16, 1866; declared ratified July 28, 1S68. (i) U. S. Stats, at Large, vol. 13, p. 775. (2) 100 U. S. 303, 313, 339 ; loi U. S. 22 ; 109 U. a 3, 285 ; iio U. S. 516 ; iii U. S. 701 ; 112 U. S. 94 ; 113 U. S. 9, 27, 506, 703 ; 114 U. S. 606. THE FEDERAL CONSTITUTION. 193 port the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may, by a vote of two-thirds of each House, remove such dis- ability. Section IV — Payment of Public Debt. The validity of the public debt of the United States authorized by law, in- cluding debts incurred, or the payment of pensions and bounties for service in suppressing insurrection or rebellion, shall not be questioned, but neither the United States nor any State shall assume to pay any debt or obligation in- curred in aid of insurrection or rebellion against the United States, or claim for the loss or emancipation of any slave, but all such debts, obligations and claims shall be held illegal and void. Section V. The Congress shall have power to enforce by appropriate legislation, the provisions of this article (i). * ARTICLE XV. Section I — The Right of Suffrage not to be Impaired. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State, on account of race, color or previous condition of servitude. Section II. The Congress shall have power to enforce this article by approoriate legis- lation (2). (i; U. S. stats, at Large, vol. 15, pps. 709, 711. ♦Proposed by Congress Feby. 27, 1869, and declared ratified March 30, 1870. (2) U. S. stats, at Large, vol. 15, p. 346. APPENDIX, Idaho. Constitutional (i) provisions governing the electoral franchise. *ARTICI,E I. Section 20. No property qualifications shall ever be required for any per- son to vote or hold oflfice except in school elections or elections creating in- debtedness. article: VI. Section 2. Except as in this article otherwise provided, every male citi- zen of the United States, twenty-one years old, who has actually resided in this State or Territory for six months, and in the county where he oflfers to vote, thirty days next preceding the day of election, if registered as provided by law, is a qualified elector ; and until otherwise provided by the Legislature, women having the qualifications prescribed in this article, may continue to hold such school offices and vote at such elections as provided by the laws of Idaho Territory (2). Sec. 3. No person is permitted to vote, serve as a juror, or hold any civil office who is under guardianship, idiotic or insane; or who has, at any place, been convicted of treason, felony, embezzlement of the public funds, bartering^ or selling, or offering to barter or sell his vote, or purchasing or offering to purchase the vote of another, or other infamous crime, and who has not been restored to the rights of citizenship, or who, at the time of such election, is confined in prison on conviction of a criminal offense, or who is a bigamist or polygamist, or is living in what is known as patriarchal, plural or celestial marriage or in violation of any law of this State, or of the United States, for. bidding any such crime ; or who, in any manner, teaches, advises, counsels, aids or encourages any person to enter into bigamy, polygamy, or such patri- archal, plural or celestial marriage, or to live in violation of any such law, or to commit any such crime ; or who is a member of or contributes to the sup- port, aid, or encouragement of. any order, organization, association, corpora- * Const, of Idaho, 1889. . (i) See page 89 for statutory provisions. (2) See Legislative act, page 89. APPKNDIX. 195 tion or society, which teaches, advises, counsels, encourages or aids any per- son to enter into bigamy, polygamy or such patriarchal, or plural marriage, or which teaches or advises that the laws of this State prescribing rules of civil conduct, are not the supreme law of the State ; nor shall Chinese or per- sons of Mongolian descent, not born in the United States, nor Indians not taxed, who have not severed their tribal relations and adopted the habits of civilization, either vote, serve as jurors, or hold any civil office. Sec. 4. The Legislature may prescribe qualifications, limitations, and con- ditions lor the right of suffrage additional to those prescribed in this article, but shall never annul any of the provisions in this article contained. Sec. 5. For the purpose of voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of this State, or of the United States, nor while engaged in the navigation of the waters of this State, or of the United States, nor while a student of any institution of learning, nor while kept at any almshouse or other asylum at the public expense. Mississippi. Constitutional provisions governing the elective fran- chise. Tax limitations and educational and mental qualifi- cations. *ARTICI.E XII. Section 241. Every male inhabitant of this State, except idiots, insane persons and Indians not taxed, who is a citizen of the United States, twenty- one years old and upwards, who has resided in this State two years, and one year in the election district, or in the incorporated city or town, in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, embezzlement or bigamy, and who has paid on or before the first day of February of the year in which he shall offer to vote, all taxes which may have been legally required of him, and which he has had an opportunity of paying according to law, for the preced- ing two years, and who shall produce to the officers holding the election satis- factory evidence that he has paid said taxes, is declared to be a qualified elec- tor ; but any minister of the gospel in charge of an organized church shall *Const. of Mississippi, 1890. 196 APPENDIX. be entitled to vote after six months residence in the election district, if other- wise qualified, (i) Sec. 242. The I,egislature shall provide by law for the registration of all persons entitled to vote at any election, and all persons offering to register shall take the following oath or affirmation : " I, • , do solemnly swear (or affirm) that I am twenty-one years old (or I will be before the next election in this county), and that I will have resided in this State two years, and election district of county one year^iext preced- ing the ensuing election [or if it be stated in the oath that the person propos- ing to register is the minister of the gospel in charge of an organized church, then it will be sufficient to aver therein, two years residence in the State and six months in said election district] and am now in good faith a resident of the same, and that I am not disqualified by reason of having been con- victed of any crime named in the Constitution of this State as a disqualifica- tion to be an elector ; that I will truly answer all questions propounded to me concerning my antecedents so far as they relate to my right to vote, and also as to my residence before my citizenship in this district ; that I will faith- fully support the Constitution of the United States and of the State of Mis- sissippi, and will bear true faith and allegiance to the same. So help me God." In registering voters in cities and towns, not wholly in one election district, the name of such city or town may be substituted in the oath for the election district. Any wilful and corrupt false statement in said affidavit, or in answer to any material questions propounded, as herein authorized, shall be perjury. Sec. 244. On and after the first day of January, A. D., 1892, every elector shall, in addition to the foregoing qualifications, be able to read any section of the Constitution of this State ; or shall be able to understand the same when read to him, or give a reasonable interpretation thereof A new regis- tration shall be made before the next ensuing e.ection after January the first, A. D., 1892. Sec. 245. Electors in municipal election** shall possess all the qualifica- tions herein prescribed, and such additional qualifications as may be pre- scribed by law. Sec. 247. The I,egislature shall enact laws to secure fairness in party pri- mary elections, conventions or other methods of naming party candidates. Sec. 249. No one shall be allowed to vote for members of the Legislature or other officers who has not been duly registered under the Constitution and laws of this State, by an officer of this State, legally authorized to register the voters thereof. And registration under the Constitution and laws of this (i) This specification and the oath prescribed in the succeeding section would seem to exclude every other religious teacher or preacher in charge of an organized religious body from this special privilege. APPENDIX. 197 State, by the proper officers of this State, is hereby declared to be an essen- tial and necessary qualification to vote at any and all elections. Sec. 250. All qualified electors and no others shall be eligible to office, except as otherwise provided in this Constitution. Sec. 251. Electors shall not be registered within four months next before any election at which they may offer to vote ; but appeals may be heard and determined and revision take place at any time prior to the election ; and no person, who, in respect to age and residence, would become entitled to vote, within the said four months, shall be excluded from reg- istration on account of his want of qualification at the time of registration. Sec. 253. The Legislature may, by a two-thirds vote of both Houses, of all members elected, restore the right of suffrage to any person disqualified by reason of crime ; but the reasons therefore shall be spread upon the journals, and the vote shall be by yeas and nays. INDEX. Page. Abridged Rights of naturalized citizens 36 Absence of an alien— EflFect of 25 Acquired allegiance 12 Acquisition of Territory— Naturalized by 9 Admission of aliens to citizenship 15 by inheritance 7 by marriage 8 by naturalization 13 by territorial transfer 9 by special legislation 32 by admission of States . 34 Africans qualified for citizenship 15, 41 Alabama— Electors in 104 Office-holding in 148 Aliens admitted to citizenship 15 in 1795 32 in 1812 33 in 1872 34 in Oregon 34 in Nebraska 36, 113 in new States 34, 113 Alien criminals ineligible 49 office-holders 147, 175 Powers of an 74 seamen— Naturalization of 23 voters 63 Allegiance acquired 12 Natural 12 not transferable • 12, 38 Original— restored 12 renounced 27 transferable 9 Amendments to the Federal Constitution 189 American citizenship i classified 2 defined 3. 35i 192 200 INDEX. Page. Annexation of Alaska n of California lo of Florida u of IvOuisiana . . lo of Texas ; n Appendix 194 Applicants for naturalization 16 Arkansas— Electors in 104 Office-holding in 149 Australian ballot system 146 Ballot system— Australian r46 Election by 145 reform 145 Birth abroad— Citizenship by 5 at a foreign port 5 at sea 5 Inefficiency of 5 in the United States 6 Jurisdiction essential at 6 on an American vessel 5 overcomes parental i.is bility 7 Birthright of offspring of foreign parents 6 Birth— The bond of 12 California— Electors in 105 Office-holding in 151 Carolina, North — Electors in iig Office-holding in 157 South — Electors in 100 Office-holding in 170 Cession of Alaska 11 of Florida 11 of Louisiana 10 of Mexican territory 10 Character qualification for citizenship 17 Children of ineligibles eligible 7 born abroad of native parents 5 born in the United States of alien parents 6 Indian— Status of 7, 46 Chinese ineligible 7. 40 residents— Eligibility of children of 7 Citizens— Constitutional rights of 3 Federal rights of .... 3 INDEX. 20I Citizens— Page. Foreign— as voters . . 143 ineligible as office-holders 147, 175 ineligible to vote 83 State— Rights of . 55 Citizenship— Al en criminals ineligible to 49 by inheritance 7 by marriage 8 by naturalization 13 by territorial transfer 9 by special legislation 32 by admission of States 34 Chinese children eligible to 7- Chinese ineligible to 7, 40 classified 2 Convicts forfeit 51 Color line in 30 defined i, 35, 192 Federal 3 Forfeiture of . 49 Indians ineligible to 42 State 54 Colorado— Electors in 105 Office-holders in 151 Color disqualification for citizenship 40 qualification for citizenship 16, 39 Columbia — District of 141 Government of. 142 Congressional qualifications as to citizenship 38 Connecticut — Electors in 130 Office-holding in 151 Constitution — Federal 177 Constitutional provisions of States 87 Continuous residence and naturalization 20 Convicts' forfeiture of citizenship 51 Dakota, North— Electors in .... •.■...■...•...... 120 Office-holding in i68 South— Electors in 122 Office-holders in 170 Declaration of intention .• 16 how made i^ invalid j8 Delaware— Electors in 130 202 INDEX. Delaware— Page. Office-holding in 151 Descent— Right of 5 Limitation of 5 Deserters forfeit citizenship 50 District of Columbia — Government of 142 Voters in 142 Effect of absence on applicants for naturalization 25 of expatriation 53 of fraud in naturalization 26 of interrupted residence upon applicant 22 of pardon on forfeited citizenship 51 Elective Franchise 61 Electors — Alien 63 Disqualifications as 83 Indians as • • • 76 in the District of Columbia r4i Powers of alien 74 Race distinctions in 78 Territorial • 140 States making aliens 143 Women as 79 Electors in Alabama 104 Arkansas , 104 California 87 Carolina (North) 119 Carolina (South) 100 Colorado 105 Connecticut 130 Dakota (North) 120 Dakota (South) 122 Delaware. . . 130 Florida 88 Georgia 131 Hampshire (New) 127 Idaho . ; 89, 194 Illinois 91 Indiana. 107 Iowa 92 Jersey (New) 98 Kansas 108 Kentucky 125 lyouisiana 1^,9 INDEX. 203 Electors in— Page. Maine • • • • 92 Maryland 93 Massachusetts • 132 Michigan , no Minnesota iil Mississippi 94. I95 Missouri 112 Montana 96 Nebraska 113 Nevada • . 97 New Hampshire 127 New Jersey 98 New York 126 North Carolina 119 North Dakota • 120 Ohio .... 99 Oregon 121 Pennsylvania , 133 Rhode Island 134 South Carolina 100 South Dakota . 122 Tennessee ,^. 137 Territories 140 Texas 138 Vermont loi Virginia 139 Washington 102 West Virginia 124 Wisconsin 123 Wyoming 128 Eligibles to citizenship 15 Eligibility of aliens to hold office 175 of aliens to vote 63 to Presidency 37, 183 to Vice-Presidency 37, 191 Expatriation — Forfeiture of citizenship by 53 The law of. .... 53 False witnesses in naturalization cases 26 Federal Citizenship 2 Alien criminals ineligible to 49 by birth . 6 by Congressional Act ^ 32 204 INDEX. Federal Citizenship — Page. by inheritance 5 by marriage 8 by naturalization 13 by territorial admission 34. by Territorial cession 9 by treaty 31 Chinese eligible to 7) 40 Chineoe ineligible to 7, 40 Expatriation forfeits 53 Forfeiture of 49 Indians ineligible to 42 Indians made 47 Naturalized citizens lose 12 Federal Constitution 177 Florida— Electors in 88 Office holding in 152 Forfeiture of rights by absence abroad 25 of rights of applicant . . , 22 of rights of citizenship . . . • 49 Fraud— Effect of • . . , 26 Georgia — Electors in 131 Office-holding in 152 Hampshire (New) — Electors in 127 Office-holding in 166 Hereditary Titles 27 High Seas— Birth on 5 Idaho — Electors in 89. 194 Office holding in 153 Illinois — Electors in 91 Office-holding in 154 Inadmissible — Testimony in naturalizing 26 Indiana— Electors in 107 Office-holding in 154 Indian tribes natviralized 32, 47 voters not citizens 76 Indians admitted to Citizenship 47 as Attorneys 49 as office-holders 48 as property-owners . 48 as voters 76 Indians as voters forever barred ... • 102 in California .* 77 INDEX. 205 Indians as voters forever barred— Page, in Florida • 76 in Michigan • . . . . no in Minnesota 11 1 in North Dakota 120 in Wisconsin 123 Denied the Elective franchise 122 Ineligible to Federal citizenship - 42 Status of tribal 7 Ineligible": to citizenship 39 Ineligibility to citizenship of Chinese 7, 40 of criminals 49 of Indians 42 Infamous Crimes 51 Iowa— Electors in 92 Office-holding in 155 Jersey (New)— Electors in 98 Office-holding in 167 Kansas— Electors in 108 Office-holding in 156 Indian tribes naturalized in 32, 47 Kentucky— Electors in 125 Office-holding in 156 t,ouisiana ceded 10 Electors in 109 Office-holding in 157 Maine— Electors in 92 Office-holding in 158 Maryland — Electors in 93 Office-holding in 15S Massachusetts — Electors in 132 Official-holding in . . 159 Miami Indians naturalized 32, 47 Michigan— Electors in 92 Office-holding in 161 Minnesota — Electors in m v.ffice-holding in 116 Minors— (Alien) acquire Citizenship 8 Mississippi— Electors in • 94) 195 Office-hold. ng in 162 Missouri— Electors in 112 Office-holding in 164 Mongolians ineligible to Citizenship 7, 40 2o6 INDEX. Page. Montana— Electors in 96 Office-holding in 165 Naturalization — Aliens qualified for 16 Applicants for 19 by Congressional Act 32 by privilege 29 by treaty 31 Cancelled 12 Conditions of 16 Continuous residence and 20 Eligibles to 15 Ineligibles to 39 must be complete 24 of foreigners 13 of Indian tribes 47 of minors 31 of orphans 8 of sailors in Navy 30 of seamen in merchatit vessels 23 of soldiers . 30 of widow 8 of wife 8 without probation 30 Witnesses to 26 Nebraska— Electors in 113 Office-holding in 165 Nevada — Electors in 97 Office-holding in 166 New Hampshire— Electors in 127 Office-holding in 166 New Jersey— Electors in 98 Office-holding in 167 New York— Electors in 127 Office-holding in 167 Nobility— Orders of 27 North Carolina— Electors in 119 Office-holding in 167 North Dakota— Electors in 120 Office-holding in 168 Office-holders— Aliens as i75 Indians as 48 Office-holding qualifications 147 INDEX. 207 Office-holding qualifications— Page. in Alabama 148 in Arkansas M9 in California 150 in Colorado 151 in Connecticut 15I in Delaware 151 in Florida 152 in Georgia ■ ^ • 152 in Idaho 153 in Illinois i54 in Iowa 155 in Kansas 156 in Kentucky 156 in Louisiana 157 in Maine . . . ' 158 in Maryland 158 in Mas.sachusetts 159 in Michigan :6i in Minnesota .... 161 in Mississippi 162 in Missouri 164 in Montana 165 in Nebraska 165 in Nevada 166 in New Hampshire 166 in New Jer.sey 167 in New York 167 in North Carolina 167 in North Dakota 168 in Ohio 168 in Oregon 168 in Pennsylvania 169 in Rhode Island 170 in South Carolina in Tennessee, [70 in South Dakota 170 171 in Texas i^i in Vermont 172 in Virginia 172 in Washington . . . 173 in "West Virgi;iia 173 in Wisconsin 174 in Wyoming 175 208 INDEX. Page. Ohio— Electors in 99 Office-holding in ' 168 Ottawas naturalized 32, 47 Oregon — Electors in i^i Office-holding in • 168 Pennsylvania — Electors in 133 Office-holding in 169 Peoria Indians naturalized 47 Pottawataniies naturalized • 32, 47 Powers of Aliens 74 of Congress • 34 of States 14, 62 Presidency — Aliens ineligible to 37 Presidential succession 37 Privilege — Naturalization by 29 Probation— Naturalization without 30 Qualificatious of aliens for naturalization 16 for electors 143 for legislators 1^5, 168 for office-holding 175 Qualifications of Federal Representatives 38 of Federal Senators 38 for office-holding 147 Race distinctions abolished 15, 7^ restored 12 Reform— Ballot 145 Registration of vessels by naturalized citizens 39 Rhode Island— Electors in 134 Office-holding in • • • 170 Rights of descent of citizenship 5 expatriation 53 suffrage 61 Right of Federal citizenship 3 of naturalized citizens restricted 36 of State citizens 55 Sioux Indians naturalized 48 .Special naturalization 47 South Carolina— Electors in 100 Office-holding in 170 South Dakota— Electors in 122 Office-holding in 170 State citizenship 54 INDKX. 209 State Citizenship— Page. definition of 37 how acquired 56 Stock bridge Indians naturalized 4^ Succession to Presidency 37 Suffrage— Aliens who enjoy the 63 Congressional powers over the 62 Right of 61 State powers over the 62 Tennessee— Electors in 137 Office-holding in 171 Territorial electors . 140 Office-holders 176 Texas— Electors iu 138 Office-holding in ^71 Treaty— Citizenship by 31, 32, 47 of Paris ....■• -. . . 11 of Queratero 10 of Washington 11 Tribes (Indian) naturalized 32, 47 United States citizenship defined 192 Vermont— Electors in loi Office-holding in 172 Vessels— Registration by naturalized citizens of 39 Vice-Presidency • 37 Virginia— Electors in 139 Office-holding in • 172 Voters • 61 Aliens as 63 Army officers and soldiers not 83 California Indians as .... • 63 Convicts not 77 Duelists not 84 Felons reinstated as 51, 106 Idiots not 83 Indians— not citizens 47 Indians as ■ 76, no, iii, 123 Indians not 102, 122 Ineligibles as . . 83 Insane persons not 83 Marines not 83 Marines in Missouri are 83 Minors not 83 2IO INDEX. Voters- Page. Naval officers and seamen not 83 Paupers not 83 Polygamists not 83 Residents on Federal lands not 134 Voting in District of Columbia . 141 Territories 140 Washington— Electors in 102 Office-holding in 173 West Virginia— Electors in 124 Office-holding in 173 Widow (alien) naturalized 8 Wife (alien) naturalized 8 Wisconsin— Electors in 123 Office-holding in i74 Women as electors 79. 128 denied the elective franchise 103 in New Jersey 79 in Wyoming • 79) 128 Women as office-holders 80, 81, 89, 96, 106, 122, 128 denied public office 103 Wyoming— Electors in ^28 Office-holding in , i75 York (New)— Electors in 126 Office-holding in 167 UKIVBRSITT] 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. RENEWALS ONLY— TEL. NO. 642^405 This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. 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