or 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, unless an amnesty be granted to such person by the Federal Government, excluded; also idiots and insane persons. Const. of 1864. Id. 380, 381.

NEW HAMPSHIRE.-Every male inhabitant of each town, and New Hampparish with town privileges, and places unincorporated, excepting shire? paupers, and persons excused from paying taxes at their own request. Const. of 1792. Id. 403.

NEW JERSEY.-White male citizens of the United States; resi- New Jersey? dence one year in the State and five months in the county; officers, soldiers, and marines of the United States do not acquire residence; paupers, idiots, and insane persons and persons infamous excluded. Const. of 1844. Id. 413.

NEW YORK.-Male citizens who shall have been such ten days; New York? residence in the State one year, and in the county four months. Men of color, unless citizens of this State for three years, and for one year seized of a freehold of the value of two hundred and fifty dollars, on which they shall have paid a tax, excluded. Absence in military service does not exclude. Const. of 1846, as mended in 1863. Id. 49, 50.

NORTH CAROLINA.-Every free white man-being a native or North naturalized citizen of the United States, and who has been an in- Carolina ? habitant of this State for twelve months immediately preceding the day of election, and shall have paid all taxes. Amendment of 11th December, 1856, ratified 10th September, 1857. Id. 431.

Ошo.-Free white male citizens of the United States; residence Ohio? one year in the State. Soldiers, marines, idiots, and insane persons excluded. Mulattoes in a certain degree are excluded.

Const. of 1851. Id. 438.

OREGON.-White male citizens of the United States, and white Oregon? males of foreign birth who shall have declared their intention; residence one year as to foreigners and six months as to citizens. Sailors, soldiers, idiots, insane, Chinamen, and negroes excluded. Const. of 1857. Id. 449.

PENNSYLVANIA.-Freemen; residence one year; must have paid Pennsyl taxes within two years; white freemen, citizens of the United vania? States, between twenty-one and twenty-two years of age, not obliged to have paid taxes; if absent in the military service of the United States, electors not to lose the right to vote. Const. of 1838, as amended in 1857 and 1861. Id. 472.

RHODE ISLAND.-Male citizens of the United States; residence Rhode one year; real estate in the State of the value of one hundred and Island? thirty-four dollars, or which brings a clear rental of seven dollars per annum. Soldiers, marines, &c., do not thereby acquire a residence; paupers, lunatics, or persons non compos mentis, and Narraganset Indians, specially excluded. Const. of 1842. Id. 474, 475. Soldiers absent in actual military service allowed to vote. Id. 481.

South
Carolina?

Tennessee?

Texas?

Vermont ?

Virginia?

West

SOUTH CAROLINA.-Free white men; residence two years in the State and six months in the district; immigrants from Europe with like residence who have declared their intention to be naturalized; paupers, soldiers, and marines specially excluded. Const. of 1865.

Id. 486.

TENNESSEE.-White men, citizens of the United States (certain blacks included under previous constitution); residence one year. Const. of 1839. Id. 495.

By the amendment of 1866, § 9, the qualifications of voters and the limitation of the elective franchise may be determined by the General Assembly which shall first assemble under the amended constitution. Id. 504. The General Assembly extended the right of suffrage to the blacks, and excluded certain classes of those engaged in the rebellion.

TEXAS.-Every free male person, who shall be a citizen of the United States (Indians not taxed, Africans, and descendants of Africans excepted); residence one year in the State and six months in the county. Const. of 1866. Id. 507. The words, or who is, at the time of the adoption of the Constitution by the Congress of the United States, a citizen of Texas," were in the Constitution of 1845, but were omitted from the revision. Paschal's Annotated Digest, 51, 932.

VERMONT.-Freemen of the State, who are natural born citizens of Vermont or some one of the United States, or naturalized. Const. of 1793 as amended. New York Convention Manual, by Hough, 523, 529.

VIRGINIA. White male citizens of the Commonwealth; residence one year in the State and six months in the county. Must have paid the previous year's assessment of taxes. Const. of 1864. Id. 533, 545.

WEST VIRGINIA.-White male citizens of the State; residence Virginia? one year. Paupers, convicts of treason, felony, or bribery in election, persons who have given aid to the rebellion, unless he has volunteered into the military and naval service of the United States and been honorably discharged therefrom, excluded. Const. 1861-3, as amended 24th May, 1866. Id. 547, 548.

Wisconsin?

Is there any

WISCONSIN.-1. Citizens of the United States. 2. 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. (The word "white" was stricken out by amendment.)

3. 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.

4. Civilized persons of Indian descent, not members of any tribe. Const. of 1848. Id. 561, 562.

It will thus be seen that the only uniformity is, that electors in uniformity? all the States require the qualification of being males over twenty

ne years of age, and of residence longer or shorter. The general rule is, "white citizens of the United States;" but negroes or persons of African descent are electors in all New England except Counecticut; in Nebraska, Tennessee, Wisconsin, and by construction, perhaps, in other States; persons in the military and naval service are excluded in some States, and idiots, lunatics, and persons non compos mentis in others.

In Oregon, Chinamen are excluded. In all the late fifteen slave States, except Tennessee, persons of African descent are excluded. In Indiana, Michigan, Wisconsin, Oregon, and South Carolina, unnaturalized persons of longer or shorter residence who have declared their intention are voters; while in Massachusetts the naturalized are excluded until two years after naturalization. In a few of the northwestern States Indians are allowed to vote. The qualification of freeholder or tax-payer is required in a few States; and the benefit of clergy or the power to read and write is required in two States. Disqualification for infamous offenses exists in a few States. So that in fact there is no uniformity except as to sex What is the and age, and less than there was at the formation of the federal only uniConstitution. The qualifications in no two States were exactly alike. formity? Story's Const., § 637; The Federalist, No. 54. As to the free persons of African descent, while they were only half a million, the majority of whom resided in the slave States, "de minimis non Why the necurat lex," seems to have been the maxim. But now that they are cessity of a one-eighth of the whole population, and constitute a majority of rule? "citizens of the United States" in several States, whatever may have been our habits of thought, the statesman and the philosopher is obliged to face the question, and to consider the propriety of a uniform rule for electors.

24.

uniform

220.

18. But citizenship of the United States, or of a State, does not Is citizenof itself give the right to vote; nor, e converso, does the want of it ship prevent a State from conferring the right of suffrage. Scott v. Sandford, 19 How. 422.

suffrage?

The right of suffrage is the right to choose officers of the govern- What is the ment; and it does not carry along the right of citizenship. on Citizenship, 4, 5. Our laws make no provision for the deprivation of citizenship. Id.

Bates right of loss or 30.

suffrage?

The word CITIZEN is not mentioned in this clause, and its idea Does this is excluded in the QUALIFICATIONS for suffrage in all the State section exconstitutions. Id. 5, 6.

clude the idea of citi

American citizenship does not necessarily depend upon nor zen? coëxist with the legal capacity to hold office or the right of suffrage, Does citieither or both of them. zenship de

suffrage?

No person in the United States did ever exercise the right of pend upon suffrage in virtue of the naked, unassisted fact of citizenship. Id. 93. There is a distinction between political rights and political powers. What is the The former belong to all citizens alike, and cohere in the very distinction name and nature of citizenship. The latter (voting and holding between political office) does not belong to all citizens alike, nor to any citizen merely rights and in virtue of citizenship. His power always depends upon extra- powers? neous facts and superadded qualifications; which facts and 19, 35, 63, 169,

A

2

s supposed to mean e qualified voters, at gress, in the manner preations of age, citizenship,

e qualifications of members, no y be required by the States. 176: Story's Const. § 624-629; ountry be conquered, purchased, or us incorporated by such revolutions, id Florida, the annexation of Texas, S4 California, the inhabitants become Lie to office, not as naturalized people, tas denizens of the acquired soil, zed. It was so held in the case of pon a contest in the House of States. Mr. Clark of Louisiana, State, as well as all the European rda, Texas, California, New Mexico, corn upon those Territories, owed of conquest, purchase, or annexaave been admitted as delegates from a description of citizenship.

UNAN OF A STATE is one who is bona fide "a" t to all the requisitions of its laws, and s and advantages which they confer." a. A person residing in the District of

oyment of the general government, is so as to be eligible to a seat in congress. ed States, residing as a public minister lose his character of inhabitant of that , so as to be disqualified for election Case, Id. 497. See Ramsay v. Smith, C. & Hall, 224.

apportion

presenta

direct taxes?

[3.] Representatives and direct taxes shall be appor- What is the tioned among the several States which may be included ment of rewithin this Union, according to their respective num- tives and bers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the Census? first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Number of representatives shall not exceed one for every thirty tives? thousand, but each State shall have at least one representative; and, until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

representa

21. REPRESENTATIVES.-As to the reasons for the rule, see Give facts of Story's Const. § 630-689. Notes to third edition; 1 Elliot's Representa

Debates, 212, 213; 2 Pitk. Hist. 233-248.

neces

As the population has increased, the ratio, or "numbers sary to elect a representative, has been increased, so as not to make the body too large. They have stood through each decade as follows:-1790-43,000. 1 St. 253; 1800-33,000. 2 St. 128; 1810 -35,000. Act of 21 Dec., 1811, ch. 9; 1820-40,000. 3 St. 651; 1830-47,700. 4 St. 516; 1840-70,000. 5 St. 491; 1850-93,420. Rep. population divided by 233, 9 St. 432, 433; 1860-126,823. 12 St. 353; 2 Brightly's Dig. 84. Obtained by dividing by 241, giving to Ohio, Kentucky, Illinois, Iowa, Minnesota, Vermont, and Rhode Island, each an additional member.

tives and numbers.

168.

22. DIRECT TAXES, perhaps, mean, in the stricter sense, a rate What are imposed by government upon individuals (polls), lands, houses, direct taxes? horses, cattle, possessions, and occupations, as distinguished from customs, duties, imposts, and excises. Webster. See Burrill's

Law Dic., TAX.

In the case of Hylton v. The United States the question was 72-77, 144. much discussed; but no authoritative conclusion seemed to be