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CHAPTER II.

THE STATE CONSTITUTIONS.

Provisions Regulating Suffrage.

It will have been observed that the court, in the decision first quoted, speaks of voters as persons having certain qualifications. These qualifications are prescribed by the constitutions of the several states, and it becomes necessary to ascertain what they are.1

1. "Every constitution of government in these United States has assumed, as a fundamental principle, the right of the people of the state to alter, abolish and modify the form of its own government, according to the sovereign pleasure of its people; in fact, the people of each state have gone much further, and settled a far more critical question, by deciding who shall be voters entitled to approve and reject the constitution framed by a delegated body under their direction." 1 Story on the Constitution, Ch. 9, % 581. "In no two of these state constitutions will it be found that the qualifications of the voters are settled upon the same uniform basis, so that we have the most abundant proofs, that among a free and enlightened people, convened for the purpose of establishing their own form of government, and the rights of their own voters, the question as to the due regulations of the qualifications has been deemed a matter of mere state policy, and varied to meet the wants, to suit the prejudices and to foster the interests of the majority." Ibid, 582.

“Among the absolute, unqualified rights of the states is that of regulating the elective franchise." Anderson v. Baker, Maryland Court of Appeals, 23 Maryland Law Reports, 531.

MAINE.

The constitution of Maine provides that 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. But persons in the military, naval or marine service of the United States, or this state, 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 shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established.

By amendment ratified in 1865, it is provided that no person 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, and citizens out of this state 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, are allowed to vote for governor, senators and representatives, at the place where they may be stationed without the state, to a number not less than twenty; and they shall be considered as voting in the city, town, planta

tion or county where they resided when they entered the service.

See 7 Maine Reports, 492, where it is held that in order to be entitled to vote in Maine a person must be a citizen of the United States, and he must have had his residence established three months in the state, and in the town or plantation also three months preceding the election.

NEW HAMPSHIRE.

The New Hampshire constitution provides that every male inhabitant of each town and parish with town privileges, and places unincorporated, in this state, of twenty-one years of age and upwards, excepting paupers. and persons excused from paying taxes, at their own request, shall have a right, at the annual or other meeting of the inhabitants of such towns or parishes. to vote in the town or parish wherein he dwells, for the senator in the district whereof he is a member. [Persons qualified to vote for senators are qualified also to vote for other officers.]

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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 or plantation where he dwelleth and hath his home.

And the inhabitants of plantations and places unincorporated, qualified as the constitution provides, who are or shall be required to assess taxes upon themselves to

ward the support of government, or shall be taxed therefor, shall have the same privilege of voting for senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have.

VERMONT.

The Vermont constitution provides that all freemen, having a sufficient evidence, common interest with, and attachment to the community, have a right to elect officers and be elected into office, agreeable to the regula tions made in this constitution.

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 representatives, and is of a quiet and peaceable behavior, and will take the following oath or affirmation, shall be entitled to all the privileges of a freeman of this state:

"You solemnly 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."

No person, who is not already [1828] 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

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