every white male of foreign birth, of the age of twentyone years and upwards, who shall have resided in the United States one year and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States one year preceding such election." 66 The outbreak of the War of the Rebellion introduced new features into the qualifications of voters in the admission of new States. West Virginia, the first of the States thus admitted, gave the right of suffrage to "the white male citizens of the State," excepting, however, minors, persons of unsound mind, paupers, persons “under conviction of treason, felony, or bribery in an election," and persons I who have not been residents of the State one year and of the county in which he offers to vote thirty days next preceding such offer;" Nevada, to "every white male citizen of the United States who was not laboring under the disabilities created by participation in the Rebellion, or who was not an idiot or insane, having been an actual, not a constructive, resident in the State six months and thirty days in the district or county next preceding the election;" Nebraska, to every white male citizen of the United States, and white male person of foreign birth who had declared his intention to become a citizen, and who had "resided in the State, county, precinct and ward for the time provided by law;" Colorado, to all male persons over twenty-one years of age who were Federal citizens, or persons of foreign birth, who had declared their intention to become citizens at least four months before offering to vote, and who had resided in the State six months immediately preceding the election at which they offered to vote, 'and in the county, city, town, ward or precinct, such time as may be prescribed by law," and women were given the right to vote at school district elections and to hold school district offices on equal grounds with men (1). Wyoming, the two Dakotas, Idaho, Montana and Washington, are the latest additions to the sisterhood of States. Wyoming has granted the elective franchise to citizens of the United States only, irrespective of sex, and requires a residence and educational qualification. North Dakota has admitted to the right of suffrage all male Federal citizens, and male foreigners who have declared their intentions, and civilized Indians who have severed their tribal relations. South Dakota has admitted male citizens of the United States, and those of foreign birth who have declared their intentions to become citizens; and women may vote at any election held solely for school purposes, and may hold any office in the State, "except as otherwise provided for in the Constitution." Washington and Montana gave the elective franchise to male Federal citizens, and those who were qualified electors in those Territories; Idaho to male Federal citizens of six months residence. INTENT OF THE FRAMERS OF THE CONSTITUTION. In the organization of each of the original States forming the Federation, there was a wonderful lack of har (1) Charters and Constitutions U. S. mony and uniformity as to the qualifications of their respective voters. The framers of the Federal Constitution seemed to realize the inconvenience and incongruity of such a political condition, and, so far as they were able to do so, without trespassing upon the sovereignty of the States in severalty, endeavored to furnish a remedy, by making two provisions in the organic law which, it was reasonable to presume, would influence future legislation in each State, and ultimately bring about an uniform electoral standard and an uniform standard of State and Federal citizenship. One of these provisions was the authority conferred upon Congress "to establish an uniform rule of naturalization (1)," and the other requiring that "the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature (2)." If it was the aim and intent of the framers of the Federal Constitution to bring about, through these measures, uniformity in the elective standard and the standard of citizenship, it has failed. The States have, each in its own way, gone on establishing or modifying the qualifications of electors to suit their own fancies, with little, if any, consideration or regard for electoral uniformity, or for the national welfare, in so far as it may be directly affected or influenced by such qualifications Local conditions have had a greater influence than anything else in determining the status of (1) Constitution of the U. S., Art. I, Sec. 8. (2) Id., Art. I, Sec. 2. As aliens are, in many of the States, qualified electors of members of the electors. Some of the States adopted Federal citizenship as the chief qualification of a voter. A given term of residence and maturity of years were other features deemed essential to an intelligent exercise of the right of suffrage. But in many of the States, the standard of Federal citizenship has been abandoned, and the idea conveyed in the Constitutional provision for the adoption of "an uniform rule for the naturaiization of aliens," to fit them for Federal citizenship, has been totally ignored and set aside in fixing the qualifications of electors. POWERS EXERCISED BY ALIENS. In such States an alien, whose allegiance is due to a foreign government, who cannot claim the protection of the Federal Government, and who enjoys none of the rights of American citizenship acquired by birth or inheritance, or with which he may be invested by naturalization, is, at the ballot box, in local, State and Federal elections, just as powerful and influential as the native or naturalized citizen whose allegiance, interests and, it is presumed, instincts are joined, by the strongest of bonds, to the existence and welfare of the American nation. In New Hampshire, for instance, "every male inhabitant of each town and parish, with town privileges, and of late unincorporated," in the State, who is not a pauper or a person "excused from paying taxes at his own request," and is twenty-one years of age, is a qualified elector, without regard to the place of his nativity, to the question of naturalization, or 1 to his intention, or to the length of time of his residence (1). The sole qualifications of an elector in New Hampshire are residence, the payment of taxes, and the attainment of the age of twenty-one. The right to exercise the elective franchise in that State carries with it, also, the right to hold office: "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, and plantation where he dwelleth and hath his home (2)." The Constitution of Illinois, of 1848, gave the right of suffrage to "every white male inhabitant" of the age of twenty-one, and "a resident of the State at the time of its adoption ;" and the Constitution of 1870, ratified and confirmed the right of suffrage which an alien. inhabitant had acquired under the Constitution of 1848, although establishing new qualifications for electors who, subsequent to that date, desired for the first time to exercise the right of voting. The question of national allegiance cuts no figure in the status of an elector under the Constitution of 1848. And the Constitution of 1870 did not disturb it. Therefore, the subject of a foreign government, who had been given the elective franchise in 1848, by virtue of his residence in the State at the time of the adoption of the Constitution, retained the franchise without surrendering his foreign allegiance or taking any steps toward surrendering it. (1) Const. of N. H., 1792, Part II, Sec. 28. (2) Const. of N. H,, 1792, Part II, Sec 30. |