"That the Senators shall be elected by the freeholders of the said districts, qualified as aforesaid, in the proportions following, to wit: In the southern district, nine; in the middle district, six; in the western district, six; and in the eastern district, three. And it be ordained, that a census shall be taken, as soon as may be after the expiration of seven years from the termination of the present war, under the direction of the legislature; and if, on such census, it shall appear that the number of Senators is not justly proportioned to the several districes, that the legislature adjust the proportion, as near as may be, to the number of freeholders, qualified as aforesaid, in each district."

The word "qualified," I am sure, is noted by the chairman as applicable to those various property-owing taxpaying requirements.

MASSACHUSETTS

Next is the State of Massachusetts under the constitution of 1780, and I read briefly from it, from the provisions of article II:

"There shall be a meeting on the first Monday in April, annually, forever, of the inhabitants of each town in the several counties of this commonwealth, to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be Senators and Councilors; and at such meetings every male inhabitant of twenty-one years of age and upward, having a freehold estate within the commonwealth of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the Senators for the district of which he is an inhabitant. And to remove all doubts concerning the meaning of the word "inhabitant," in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, district, or plantation where he dwelleth or hath his home.

"The selectmen of the several towns shall preside at such meetings impartially, and shall receive the votes of all the inhabitants of such towns present and qualified to vote for Senators * * *."

Obviously, they use the word “qualified" in the second paragraph with reference to the property requirements stated in the preceding paragraph.

PENNSYLVANIA

Now, with reference to Pennsylvania, Mr. Chairman, without unduly encumbering the record, I will simply insert the provisions of section 6 of that general portion of the constitution of 1776, styled "Plan or frame of government."

"SECTION 6. Every freeman of the full age of twenty-one years, having resided in this state for the space of one whole year next before the day of election for representatives, and paid public taxes during that time, shall enjoy the right of an elector; provided always, that sons of freeholders of the age of twenty-one years shall be entitled to vote although they have not paid taxes."

GEORGIA

In the case of Georgia, I quote from the constitution of 1777, article IX, as follows:

"All male white inhabitants of the age of twenty-one years, and possessed in his own right of ten pounds value, and liable to pay tax in this State, or being of any mechanic trade, and shall have been resident six months in this State, shall have a right to vote at all elections for representatives, or any other officers herein agreed to be chosen by the people at large; and every person having a right to vote at any election shall vote by ballot personally."

In this article, Mr. Chairman, the word "qualified" or "qualifications" is not used. Nevertheless, the fact that tax payment and property-ownership qualifications were found there is very clear.

NORTH CAROLINA

Next is North Carolina, and I quote into the record articles VIII and IX: "VIII. That all freemen of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately preceding the day of any election, and shall have paid public taxes, shail be entitled to vote for the members of the House of Commons for the county in which he resides.

"IX. That all persons possessed of a freehold in any town in this State, having a right of representation, and also all freemen, who have been inhabitants of any such town twelve months next before, and at the day of election, and shall have paid public taxes, shall be entitled to vote for a member to represent such town in the House of Commons: Provided always, That this section shall not entitle any inhabitant of such town to vote for members of the House of Commons, for the county in which he may reside, nor any freeholder in such county, who resides without or beyond the limits of such town, to vote for a member for said town."

They prescribe property requirements, but without the use of the word "qualified" or the word "qualifications." However, property requirements and taxpaying requirements are included.

VIRGINIA

The constitution of Virginia of 1776 simply incorporated the right of suffrage as it existed under the ancient charter and the acts of the assembly which had been passed prior to that time, under these words:

"The right of suffrage in the election of members for both Houses shall remain as exercised at present; and each House shall choose its own Speaker, appoint its own officers, settle its own rules of proceeding, and direct writs of election, for the supplying intermediate vacancies."

I am told by the research people in the Library of Congress that the acts of the earlier assemblies under the colonial charter had prescribed not only taxpaying requirements but also property-owning requirements, and that same were in existence and were incorporated in the setup of the new State when that constitution was adopted under the words that I have just read.

COLONIAL CHARTERS

Mr. Chairman, to conclude the list of the Thirteen States, the remaining three. Delaware, Rhode Island, and Connecticut, were all operating under colonial charters and had not adopted new constitutions at that time and the qualifications of their electors were fixed by statute. Delware established qualifications for voting in her constitution of 1792. That came just after the adoption of the constitution. Connecticut and Rhode Island did not adopt constitutions until 1818 and 1842, respectively.

In order, therefore, to determine the qualifications for voting in these three States-Connecticut, Delaware, and Rhode Island-at the time of their entry into the Union, an examination of the statutes of these States in force prior to such has been made for me by the Library of Congress, and the pertinent laws are set forth as follows:

CONNECTICUT

In 1769, in Connecticut, separate qualifications were established for voting for deputies or representatives to the general court (legislature), governor, and deputy governor (Laws 1769, pp. 45, 301), and for voting for town officers (Laws 1769, p. 240). Only freemen were eligible to vote and "An Act Relating to Freemen" set forth the requisites to become a freeman, as follows:

"That the Town Clerks in the several Towns in this Colony, shall enroll in their respective Offices, the Names of all such Persons in their respective Towns as are or shall be admitted Freemen of this Corporation, which enrollments shall be made by the direction of the Authority and Selectmen of the Town, in the open Freemen's Meeting, legally Assembled.

"That all such inhabitants in this Colony as have accomplished the Age of Twenty-one Years, and have the Possession of Freehold Estate to the value of Forty Shillings per Annum or Forty Pounds personal Estate in the General List of Estates in that Year wherein they desire to be admitted Freemen: and also are Persons of a quiet and peaceable Behaviour, and civil Conversation, may, if they desire it, on their procuring the Selectmen of the Town wherein such Persons inhabit, or the major Part of them, to certify that the said Persons are Qualified as abovesaid, be admitted and made Free of this Corporation, in case they take the Oath provided by Law for Freemen; which Oath any one Assistant or justice of the peace is hereby impowered to administer in said Freemen's Meeting.”

DELAWARE

Inder a temporary act originally passed by the colonial legislature on June 13, 1772, chapter 207, but subsequently reenacted and made permanent (perpetual)

on September 2, 1775, the following qualifications for voting for representatives to the Delaware Assembly were established:

"SEC. 2. Provided always, That no inhabitants of this government, shall have right of electing or being elected, as aforesaid (election for Inembers of assembly), unless he or they be natural born subjects of Great Britain, or be naturalized in England, or in this government, or in the province of Pennsylvania and unless such person or persons be of the age of twenty-one years or upwards, and be a freeholder or freeholders in this government, and have ifty acres of land or more well settled, and twelve acres thereof cleared and improved, or be otherwise worth Forty Pounds lawful money of this government clear estate, and have been resident therein for the space of two years before such election: And that every man who shall give his vote without being questioned as aforesaid, or that shall receive any reward or gift for his vote, or that shall give, offer or promise any reward to be elected, or shall offer to serve for nothing or less allowance than the law prescribes, shall forfeit Five Pounds, the one-half thereof to the Governor, and the other to him or them who will sue for the same in any court of record within this Government; and the person so elected shall be incapable to serve for that year."

The voting qualification in Delaware as thus enacted by the act of September 2, 1775, remained in effect until the ratification of the State's constitution of 1792. Under the constitution the qualifications for voting were fixed as follows in article IV:

"SECTION 1. All elections of Governor, Senators, and Representatives shall be by ballot; and in such elections every white free man of the age of twenty-one years, having resided in the state two years next before the election, and within that time pail a state or county tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector; and the sons of persons so qualified, shall between the ages of twenty-one and twenty-two years, be entitled to vote although they shall not have paid taxes."

Mr. Chairman, you will note that the word “qualified" was not used in the colonial charter, but that in 1792, in its first constitution, the State of Delaware does use the word "qualified."

RHODE ISLAND

In Rhode Island prior to admission in the Union a person in order to vote had to be admitted as a freeman and be enrolled as such. In order to be admitted as a freeman the following statutory requirement had to be met:

"SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That the freemen of each respective town in this State, at any of their town meetings, shall and they hereby have full power granted them, to admit so many persons, inhabitants of their respective towns, freemen of their towns, as shall be qualified according to this act.

“SEC. 2. And be it further enacted, That no person whosoever shall be permitted to vote or act as a freeman in any town meeting in this State, but such only who are inhabitants therein, and who at the time of such their voting and acting are really and truly possessed, in their own proper right, of a real estate within this State, to the full value of one hundred and thirty-four dollars, or which shall rent for seven dollars per annum, being an estate in fee-simple, feetail, or an estate in reversion which qualifies no other person to be a freeman, or at least an estate for a person's own life, or the eldest son of such a freeholder: And that no estate of a less quality shall entitle any person to the freedom of this State."

It might be interesting to note, Mr. Chairman, that the first constitution of the State of Rhode Island was not adopted until 1842. In 1842 they drafted their first State charter. I call attention to this in order to tie in between 1787 and 1912, because in drafting their charter in article II, the State of Rhode Island used that article to describe the subj which they style "Of the Qualifications of Electors." Then in six sections they proceeded to outline the qualifications of electors and under that very word as stated there. I am not going to pursue the question further except to say that they even had more different kinds of property ownerships than did any other of the original States. Maybe it would be interesting to read part of that article.

"ARTICLE II

"OF THE QUALIFICATIONS OF ELECTORS

"SECTION 1. Every male citizen of the United States at the age of twenty-one years, who has had his residence and home in this State for one year, and in the

70784 0-61—pt. 1—————7

town or city in which he may claim a right to vote six months, next preceding 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 reserved, or in 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 ***." You notice that not only did they use the word "qualifications" ahead of this, but just as they did in their colonial charter, they prescribe that this land which is owned in any of these multifarious ways by the elector must not qualify anybody else to vote. It can just qualify him, making it so clear that they regarded that requirement as a qualification.

Mr. Chairman, I thought it would be interesting to show affirmatively that at the time of the submission of the 17th amendment in 1912, just as in 1787, the word "qualifications" is found in the State constitutions and it is found as referring to this very thing, the payment of poll tax. In the case of one State, not a southern State, it is found with reference to a different sort of qualification which I will mention in a moment.

First, with reference to the Southern States, I mention the State of Texas calling attention to section 2, article VI. It is not necessary to quote it in full, Mr. Chairman, but it shows clearly that the words "qualification," "disqualifications," "qualified," "shall be deemed a qualified elector," are used. In other words, that is one of the qualifications. The words “disqualified,” “disqualification," and "qualified" are all used there. Sections 2 and 3 show that the words "qualified," "qualification," and so forth were used with direct reference to polltax requirements in the State of Texas on the date of the submission of this

amendment.

Incidentally, Mr. Chairman, the two Senators from Texas, Senators Joseph W. Bailey and Charles A. Culbertson, both voted to submit the amendment. At this point I wish to insert in the record article VI from the constitution of Texas.

(The material referred to follows:)

"TEXAS

"ARTICLE VI-SUFFRAGE

"SECTION 1. The following classes of persons shall not be allowed to vote in this State; to wit:

"First: Persons under twenty-one years of age.

"Second: Idiots and lunatics.

"Third: All paupers supported by any county.

"Fourth. All persons convicted of any felony, subject to such exceptions as the Legislature may make.

"Fifth: All soldiers, marines, and seamen, employed in the service of the Army or Navy of the United States.

"SEC. 2. Every person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years and who shall be a citizen of the United States and who shall have resided in this State one year next preceding an election and the last six months within the district or county in which such person offers to vote, shall be deemed a qualified elector: Provided, That electors living in any unorganized county may vote at any election precinct in the county to which such county is attached for judicial purposes: And provided further, That any voter who is subject to pay a poll tax under the laws of the State of Texas shall have paid said tax before offering to vote at any election in this State and hold a receipt showing that said poll tax was paid before the first day of February next preceding such election. Or if said voter shall have lost or misplaced said tax receipt, he or she, as the case may be, shall be entitled to vote upou making affidavit before any officer authorized to administer oaths that such tax receipt has been lost. Such affidavit shall be made in writing and left with the judge of the election. The husband may pay the poll tax of his wife and receive the receipt therefor. In like manner the wife may pay the poll tax of her husband and receive the receipt therefor. The Legislature may authorize absentee voting. And this provision of the Constitution shall be self-enacting without the necessity of further legislation. [Sec. 2, art. 6, adopted election November 4, 1902; proclamation,

December 26, 1902; amendment adopted election fourth Saturday in July 1921.] "SEC. 3. All qualified electors of the State, as herein described, who shall have resided for six months immediately preceding an election, within the limits of any eity or corporate town, shall have the right to vote for Mayor and all other elective officers; but in all elections to determine expenditure of money or assumption of debt, only those shall be qualified to vote who pay taxes on property in said city or incorporated town: Provided, That no poll tax for the payment of debts thus incurred, shall be levied upon the persons debarred from voting in relations thereto.

"SEC. 4. In all elections by the people the vote shall be by ballot and the Legisature shall provide for the numbering of tickets and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot box and the Legislature may provide by law for the registration of all voters in all cities containing a population of ten thousand inhabitants or more. [Sec. 4, art. 6, adopted election August 11, 1891; proclamation sec. 22, 1891.] "SEC. 5. Voters shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom.

"ARKANSAS

"ARTICLE III-FRANCHISE AND ELECTIONS

"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 twentyone 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 preceding any election, where he may propose to vote, shall be entitled to vote at all elections by the people. [See amendment No. 9; Jones v. Floyd, 129 Ark. 185, 195 S. W. 360. This section is superseded by Amendment No. 8.]

"AMENDMENT No. 8-EQUAL SUFFRAGE

Supersedes Poll-Tax Amendment of 1908

"That Section 1, of Article III of the Constitution of the State of Arkansas, as amended by Amendment No. 9, adopted January the 14th, 1909, be amended so as to read as follows:

"SECTION 1. Every citizen of the United States of the age of twenty-one years, who has resided in the State twelve months, in the county six months, and in the precinct, town, or ward, one month, next preceding any election at which they inay propose to vote, except such persons as may have committed some felony be deprived of the right to vote by law passed by the General Assembly and who shall exhibit a poll-tax receipt or other evidence that they have paid their poll tax at the time of collecting taxes next preceding such election, shall be allowed to vote at any election in the State of Arkansas: Provided, That persons who make satisfactory proof that they have attained the age of twentyone years since the time of assessing taxes next preceding said election and possess the other necessary qualifications, shall be permitted to vote: And Prorided further, That the said tax receipt shall be so marked by dated stamp or written endorsement by the judges of election to whom it may be first presented as to prevent the holder thereof from voting more than once at any election. It is declared to be the purpose of this amendment to deny the right of suffrage to aliens and it is declared to be the purpose of this amendment to confer suffrage equally upon both men and women, without regard to sex: Provided, That women shall not be compelled to serve on juries.'

"SOUTH CAROLINA

"ARTICLE II

"SEC. 4. QUALIFICATIONS FOR SUFFRAGE.-The qualifications for suffrage shall be as follows:

"(a) RESIDENCE.-Residence in the State for two years, in the County one year, in the polling precinct in which the elector offers to vote four months: Provided, That ministers in charge of an organized church and teachers of public schools shall be entitled to vote after six months' residence in the State, otherwise qualified.

"[NOTE.-Amended by a joint resolution and an act: 1929 (36) 695; 1931 (37)

105, 246.]