9 ent tendency of State constitutions is to lengthen the terms of both legislative houses. In a majority of the State legislatures, assemblymen are elected for two years, and State senators for four. In Louisiana, the terms of members of both houses are four years. It is the practice in many congressional districts, where one party is in a large majority, to give to each satisfactory member an election to a second term, and then to elect another from a different part of the constituency. Thus rotation in office is the rule. 9 In Belgium, representatives are elected for four years, one-half of the house being renewed every two years, and senators for eight years, one-half the senate being renewed every four years; and both houses being entirely renewed upon a dissolution (Articles 51, 55). In France, deputies for four and senators for nine years, the latter body being renewed by thirds; and the terms of both are determined by a dissolution (Law of Nov. 30, 1875, Article 15; Law of Dec. 9, 1884, Article 7). Members of the German Diet are elected for three years, unless sooner dissolved (Constitution of Germany, Article 24). In Prussia, members of the Second Chamber for five years, unless sooner dissolved; members of the First Chamber are appointed by the crown for life, or with the power of hereditary transmission (Articles 65, 69, 73). In Switzerland, members of the National Council are elected for three years (Article 76). In the Republic of Colombia, representatives are chosen for four years and senators for six, the senate being renewed by thirds (Articles 95, 101). In Ecuador, representatives for two years and senators for four, one-half of the senate being renewed every two years (Articles 58, 59). In Honduras, deputies for four years, one-half every second year (Article 39). In Mexico, deputies for two years and senators for four years, one-half of the senate every second year (Articles 52, 58). In Venezuela, deputies and senators for four years (Article 21). In the Argentine Republic, deputies for four years, one-half every second year, senators for nine years, one-third every third year (Articles 42 and 48). In Brazil, deputies for three years with a guaranty of minority representation, senators as in the Argentine (Articles 17, 31). In Japan, membership in the House of Peers is hereditary or for life on appointment by the Mikado. The diet seems to be chosen every year and also upon a dissolution (Articles 34, 35). The Hawaiian constitution is similar to that of the United States in this respect (Articles 39, 54). CHAPTER VI. THE RIGHT OF SUFFRAGE. § 50. Provisions in the Federal Constitution concerning the Right of Suffrage. THE regulation of the right of suffrage in a republic corresponds to that of the succession in a monarchy; for it determines the rulers of the country. It was the intention of the framers of the Federal Constitution to leave to the States the unrestricted power over the right of suffrage within their respective borders, provided that the form of government remained republican. The only provision upon the subject which they inserted was the section following that which has been last considered: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature." This remained unchanged till after the close of the Civil War, when, by the Fifteenth and last Amendment, it was ordained: "SECTION 1. 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 2. The Congress shall have power to enforce this article by appropriate legislation." § 51. History of Constitutional Provisions as to the Right of Suffrage. The qualifications for the right of suffrage were different in the different colonies. In some, the ownership of a freehold, and in others that of a small amount of personal property was required. In others again the right depended upon the payment of taxes. At § 50. 1 Constitution, Article I, Section 2. one time, in New Haven and Massachusetts, only church members had the right of suffrage. In Rhode Island, only freeholders elected freemen of the towns, and their eldest sons. In all the franchise was confined to freemen, and in most to whites; but in a few it seems that those with the other necessary qualifications were not excluded on account of color.2 Similar diversities existed in the State constitutions at the time of the Federal Convention. All religious qualifications had been then abolished except in South Carolina, and the franchise more liberally extended; in five States to freemen of the African race,3 and in one to women who possessed the other qualifications; but nowhere to all free males. Except perhaps in Rhode Island, the right could only be exercised by freeholders, taxpayers, or the owners of a small amount of personal property; 5 but no approach to uniformity could be found; § 51. 1 Poore's Charters and Constitutions, and the colonial statutes of Rhode Island, collected in a note to 12 R. I., Appendix, p. 594. 2 See the dissenting opinion of Mr. Justice Curtis in Dred Scott v. Sandford, 19 How., 393, 573, 574. 8 New Hampshire, Massachusetts, New York, New Jersey, and North Carolina. State v. Manuel, 4 Dev. & Bat. (N. C.), 20; Commonwealth v. Aves, 18 Pick. (Mass.), 210; dissenting opinion of Judge Curtis in Dred Scott v. Sandford, 19 How., 393, 572-574 and citations. 4"Lucy Stone and H. B. Blackwell, citizens of New Jersey, have made an investigation, the result of which is remarkable, and proves that previously to 1776 only men voted, but that in 1776 the original State constitution conferred on all inhabitants (men or women, white or black), possessing the prescribed qualifications of £50 clear estate and twelve months' residence, and this constitution remained in force until 1814. In 1790, the Legislature, in an act regulating elections, used the words, 'he or she,' in reference to voters. In 1797, another act relative to electors repeatedly designates the voters as 'he In or she.' In the same year, 1797, sev- 5 The early regulations upon the and any attempt to create it would have caused great opposition to the Constitution in any State where a change was attempted in 4 subject in the different States are well summarized by Chief-Justice Chase in Minor v. Happersett, 21 Wall., 162, 172, 173: When the Federal Constitution was adopted, all the States, with the exception of Rhode Island and Connecticut, had constitutions of their own. These two continued to act under their charters from the Crown. Upon an examination of those constitutions we find that in no State were all citizens permitted to vote. Each State determined for itself who should have that power. Thus, in New Hampshire, every male inhabitant 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 excused from paying taxes at their own request,' were its voters; in Massachusetts, every male inhabitant of twenty-one years of age and upwards, having a freehold estate within the commonwealth of the annual income of three pounds, or any estate of the value of sixty pounds'; in Rhode Island 'such as are admitted free of the company and society' of the colony; in Connecticut such persons 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, 'every male inhabitant of full age who shall have personally resided within one of the 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, 'all inhabitants... of full age who are worth fifty pounds, proclamationmoney, 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 Pennsylvania, 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 exercised by law at present'; in Maryland, 'all freemen above twenty-one years of age having a freehold 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 preceding the election'; in North Carolina, for senators, 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 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 the election,' and for members of the House of Commons '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, '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 the existing order. Danger was anticipated lest, should the power to restrict the right be granted to Congress, the liberty of all or the rights of property in some might be endangered. It was believed that to have submitted the right to vote for members of Congress to the legislative discretion of the States, "would have rendered too dependent on the State governments that branch of the federal government that ought to be dependent on the people alone." For these reasons, the provision in the Constitution was adopted, and it excited little discussion in the Federal or State Conventions. The Articles of Confederation directed that "for the more convenient management of the general interests of the United States, delegates shall be annually appointed, in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November in every year, with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year." In all of the States but two, delegates to the Continental Congress were appointed by the State legislatures. In Connecticut and Rhode Island, they were elected by the people. Upon the first vote in the convention on the proposition "that the members of the first branch of the national legislature ought to be elected by the people of the several States," six States voted ay; two, no; and two were divided.10 Six days later, a resolution "that the first branch of the national legislature be elected by the State legislatures, and not by the 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 freehold or town lot), hath been a resident within the election 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 towards the support of the government;' and in Georgia such citizens and inhabitants of the State as shall have attained the age of twenty-one years, and shall have paid tax for the year next preceding the election, and shall have resided six months within the county.'" See the debate reported in Madison Papers, Elliot's Debates, 2d ed., vol. v, pp. 385-388. 7 The Federalist, No. lii. 8 Articles of Confederation, V. 9 The Federalist, No. xl. 10 Yeas: Massachusetts, New York, Pennsylvania, Virginia, North Carolina and Georgia. Nays: New Jersey and South Carolina. Divided: Connecticut and Delaware (Madison Papers, Elliot's Debates, 2d ed., vol. v, p. 137). |