The constitution of some of the States did not fully respond to this entire freedom of religion. Religious tests, to a certain extent, were retained in the constitutions of New Hampshire, Massachusetts, New Jersey, Maryland, Tennessee, Mississippi, and North Carolina. In this last State, by the constitution of 1776, no person denying the divine authority of the Old or New Testaments, or the truth of the Protestant religion, could hold a civil office; but by the constitution of 1835 the word "Christian" was substituted for the word "Protestant." But in all these, as well as the other States, in point of practice, the utmost religious freedom may be said to prevail. The practical law of the country may now be stated in the words of the contract or concession made by William Penn in 1676, with or to the planters and proprietors of the province of west New Jersey. These words are: "No man on earth has power or authority to rule over men's conscience in religious matters; and no person shall be called in question, or punished or hurt in person, estate, or privilege, for the sake of his opinion, judgment, or worship, in the concernments of religion."

In the Ordinance of Congress of 1787, for the government of the territory of the United States north-west of the river Ohio, it was declared to be a fundamental and unalterable principle in the compact between the original States and the people and States in that territory, that no person demeaning himself in a peaceable and orderly manner should ever be molested on account of his mode of worship or religious sentiments. And this may be regarded as at this day the practical law of the United States.

CHAPTER V.

MILITARY RIGHTS AND DUTIES.

The constitution gives power to Congress to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. The constitution makes no provision whatever for regulating the militia, but leaves that altogether to Congress and to the States. Congress has passed acts authorizing the President to call forth the militia in certain exigencies; and it belongs exclusively to him to judge whether those exigencies have occurred and placed in his hands this authority. His decision on this subject is conclusive. The militia, however, is not the militia of the United

States, but of the States respectively; and when the President calls out the militia, he makes his requisitions directly upon the executive of the States; and when the militia of a State is so called into the service of the general government, and mustered at the place of rendezvous appointed by a national authority, it then, and not before, becomes a national militia.

Although the constitution gives to Congress power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, this power has never been fully exercised. Arms have been distributed to the States; but they have been left to organize, discipline, and arm their militia at their pleasure. The same paragraph reserves to the States the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress. "Militia" undoubtedly means the body of arms-bearing citizens, as distinguished from the regular army. In 1863 Congress passed an act declaring that all citizens of the United States, &c., "are hereby declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States, when called out by the President for that purpose." In New York it has been held that this act was unconstitutional, and in Pennsylvania that it was constitutional; both the decisions being by single judges.

The second article of the amendments to the constitution provides that a well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

CHAPTER VI.

THE RIGHT AND DUTY OF SUFFRAGE.

Citizenship and suffrage are often confounded. They are entirely distinct things, although similar in some respects, and frequently united, as we shall see in what follows.

By the constitution Congress has power to establish a uniform rule of naturalization; and laws for that purpose have been made. Their effect is to make a person born in foreign countries, and residing in this country, stand here upon the same footing as one that is born here, if he takes the steps pointed out by these laws. This subject has already been fully considered

Under the federation which preceded the present constitution, the general government could not exercise the power of naturalization, the State alone having that power. But as naturalization made a inan a citizen, and a citizen of one State was a citizen of every other, it followed that any one State, in any way that it thought proper, might invest a foreigner with all the privileges of citizenship in every other State. The inconvenience of this was so obvious, that when the constitution was formed no objection was made to giving to the United States the exclusive power of naturalization. Although the exercise of this power is not expressly denied to the States, yet it is now firmly established that this power belongs to the United States exclusively. At that time, the people of all the States regarded this country as an asylum for the oppressed in Europe, and desired a large immigration, to help in developing the resources of the country. It was among the grievances narrated in the declaration of independence that the King of England had endeavored to prevent the population of the colonies, by obstructing the laws for the naturalization of foreigners.

Such laws were early made, and have since been repeatedly amended. We gave them in our section on naturalization, as they now stand; and they may be regarded as the result of the best wisdom of Congress in making laws which, on the one hand, should give all reasonable facility to a foreigner who wishes to become a citizen with us, and, on the other hand, should not make this boon of citizenship too cheap, and so easy as to become liable to abuse. But it must be remembered that citizenship is not suffrage; and that naturalization, of itself, confers no right of suffrage.

A citizen of the United States must be a citizen of that State or territory in which he resides. It is there he must exercise the right of suffrage, if he possesses that right. But as citizenship of itself gives no right of suffrage, that must depend upon the law of the State where he resides, the constitution having left to the States this power; and each State prescribes its own rule, or has its own law of suffrage. Thus, a foreigner coming to Massachusetts, and residing there, may be naturalized, and thus become a citizen of the United States, and of that State, and live there all his life without the right of suffrage, unless he learns how to read the constitution in English, and write his own name.

THE RIGHT OF SUFFRAGE.

This right we state below as it is given by the constitution of each State in the Union, which we enumerate alphabetically. It may be previously remarked that many of the constitutions confine

the right of voting to white male persons. But the fifteenth article of amendments to the constitution declares that "the right of citizens of the United States shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude." In stating the provisions of the several States concerning the right of suffrage, we omit, therefore, the word "white." We omit, also, the requirements that the person shall be twenty-one years of age, and that he should take a prescribed oath to support the constitution and laws of the United States and of the State in which he offers his vote; both these requirements being common to all the State constitutions. For a similar reason, the word "male," generally found in the statutes regulating suffrage, is omitted. All the States require residence for a certain time within the State or county or township in which they offer to vote; but soldiers and sailors in the service of the United States do not acquire a residence by being stationed in the State; and this provision is specified in some of the constitutions, but is not mentioned in this abstract; nor is the exception of the insane, lunatics, and paupers, which is universal. Persons convicted of infamous crime are excepted generally; and in some States, those who aided in any way the recent rebellion. It is sometimes stated expressly that a pardon or amnesty would remove these disabilities; and this would no doubt be the effect generally.

ALABAMA. Every person has a right to vote who is a citizen of the United States, or has legally declared his intention to become a citizen, and has resided in the State one year next preceding the election, and the last three months thereof in the county in which he offers his vote. Persons convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or crime punishable by imprisonment, lose the right of suffrage.

ARKANSAS.In this State a foreigner may acquire the right of suffrage before he becomes a citizen of the United States; for every person has this right, if he were born in the United States, or has been naturalized, or has legally declared his intention of becoming a citizen of the United States. He must also have resided in the State six months next preceding the election, and be at the time of voting a resident of the county in which he votes. Exceptions are made in the case of criminals, as above, in Alabama, and also of those who during the rebellion took the oath of allegiance to the United States, and afterwards aided in any way the cause of the rebellion.

CALIFORNIA. - Every person may vote who is a citizen of the United States, or, having been a citizen of Mexico, elected to become a citizen of the United States under the treaty of peace of 1848,

and who has resided in the State six months, and in the county or district in which he offers his vote thirty days next preceding the election. Persons convicted of any infamous crime are excepted.

CONNECTICUT.-Every person has the right to vote if he be a citizen of the United States, and has resided in the State one year, and in the town or city in which he offers to vote six months, next preceding the election, is of good moral character, and is able to read any article of the constitution, or any section of the statutes of the State. Persons are excepted who are convicted of bribery, forgery, perjury, duelling, fraudulent bankruptcy, or other offence for which an infamous punishment is inflicted.

DELAWARE. — Every person has a right to vote who is a citizen of the United States, and has resided one year in the State, and the last month of that year in the county in which he offers his vote. If he be over twenty-one, and under twenty-two, he may vote without having paid any tax; but if he be over twenty-two, he must have paid a county tax within two years before the election which was assessed, and six months, at least, before the election at which he offers his vote. Felons are excepted, and the legislature may make forfeiture of the right of suffrage a punishment for crime.

FLORIDA. Every person has the right to vote who is a citizen of the United States, or shall have declared his intention to become such a citizen, in conformity with the naturalization laws. He must have resided in the State one year, and in the county in which he proposes to vote six months, next preceding the election at which he offers his vote. No person under guardianship, and no person convicted of felony, shall be allowed to vote.

GEORGIA.Every person has the right to vote who is a citizen of the United States, or who has declared his intention to become a citizen of the United States, according to law. He must have resided in the State six months next before the election, and in the county in which he offers his vote thirty days, and paid all taxes required of him for the year next before the election. There is a further provision, that if he was a resident of the State at the time of the adoption of the constitution he has a right to vote. Those who have been convicted of infamous crimes, and persons who engage in a duel, or send or accept a challenge, or aid in a duel, are disqualified.

ILLINOIS.

Every person has a right to vote who is a citizen of the United States, and resided in the State when the constitution was adopted, or has resided there one year before offering his vote, and in his election district thirty days. The general assembly may pass laws excluding persons convicted of infamous crimes.

INDIANA.-Every person has a right to vote who is a citizen