INDIANS AS VOTERS.

Indians, although ineligible to Federal citizenship by any ordinary process of political acquirement (see p. 42), may enjoy State citizenship and the rights and privileges pertaining to it (the right of suffrage included) in many of the States. But it rests with the State alone to determine whether or not he shall be vested with its citizenship and the right of suffrage, for although the members of an Indian tribe may occupy territory within the limits of a State they are not citizens thereof, nor are they necessarily under its jurisdiction. An Indian does not, however, become a citizen of the United States when a State confers on him the right to vote (1). See p. 47,

In some States, an Indian is a qualified voter if he is a tax-payer, Indians not taxed being classed among idiots and insane and other incompetents, as persons not qualified. The Constitutions of some States expressly stipulate that no Indian shall have the right to vote unless he has severed his tribal relations, has adopted the habits and customs and language of civilization, and is a tax

But the Seminoles of Florida preserved their tribal existence and enjoyed the right of suffrage and the privilege of special representation in the State Legislature, under the provisions of the Constitution of 1868. Under the same Constitution, the State Legislature imposed taxes on the Seminoles, which constituted them citizens of the State on a par with other citizens, but this

(1) 7 Atty. Gen. op. 726.

legislative act barred them thereafter from special representation in the State Legislature. The Constitution of 1885 makes, therefore, no race distinction in defining the qualifications of electors. No distinction is made between the races in some of the States, as to citizenship and voting qualifications. But some States positively debar the Indian from either, if he retains any relations with his tribe, or is dependent, in any degree, upon the Federal Government for help or support. The State of South Dakota, at a general election held in November, 1890, adopted the following amendment to the Constitution : "No Indian who sustains tribal relations, receives support in whole or in part from the Government of the United States, or holds untaxable land in severalty, shall be permitted to vote at any election held under this Constitution." In the Constitution of 1849, California provided that Indians and the descendants of Indians might be admitted to the right of suffrage by a two-third concur.ent vote of the Legislature, "in such special cases as such a proportion of the legislative body may deem just and proper (1)." But the Constitution adopted in 1879 (now in force) is silent on the subject. North Dakota admits to the right of suffrage "civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such election." Of course, all Indians who may have acquired Federal citizenship under a tribal treaty with the Federal Government, or through the agency of a special act of Congress, bave the right to

(1) Const. of Cal., 1849, Art. II, Sec. 1.

vote in any State or Territory after compliance with the requirements of its election laws as to other electors, such act of the Government or of Congress being an absolute removal of all disability.

RACE DISTINCTIONS ABOLISHED.

To prevent the dominant race or races in any State interfering with or depriving the members of any other race, previously under political proscription, of the enjoyment of the right of suffrage after acquiring the right of Federal citizenship and complying with the general qualifications of an elector as defined by the State Constitution, the Fourteenth and Fifteenth Amendments to the Federal Constitution were adopted. The Fourteenth Amendment provided a penalty for any denial of the right to vote to any male citizen of the United States, except for crime or rebellion, for Presidential Electors, Federal Representatives, or executive, legislative or judicial officers of the State, by reducing the basis of Congressional representation in the State in the proportion which the number of the male citizens thus denied bear to the whole number of male citizens, twenty-one years of age, in such State. The Fifteenth Amendment goes still further, prohibiting the denial or abridgment by the United States, or any State, of the right to vote of a Federal citizen "on account of race, color or previous condition of servitude." And in accordance with the authority given it by the same amendment, Congress adopted the following provision :

All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial sub

division, shall be entitled to vote at all such elections, without distinction of race, color or previous condition of servitude, any Constitution, law. custom, usage or regulation of any State or Territory, or by or under its authority to the contrary notwithstanding.-Rev. Stats. U. S., Sec. 2004.

When, under the authorityof the Constitution or laws of any State, or the laws of any Territory, any act is required to be done as a pre-requisite or qualification for voting, and by such Constitution or laws, persons or officers are charged with the duty of furnishing to citizens an opportunity to perform such pre-requisite, or to become qualified to vote, every such person and officer shall give to all citizens of the United States the same and equal opportunity to perform such pre-requisite, and to become qualified to vote.-Rev. Stats. U.S., Sec. 2005.

These Constitutioual provisions and acts of Congress were specially designed for the protection of the emancipated negro; but they also afford protection to all other citizens of the United States belonging to races ineligible to Federal citizenship under existing laws, who have acquired, or may acquire citizenship by some natural or special process, such as by birth within the dominion and under the jurisdiction of the United States, although of ineligible Chinese parents, or by naturalization by treaty or by special act of Congress, although previously ineligible owing to tribal relationship.

WOMAN'S RIGHT TO VOTE.

Only one State in the Federation gives woman the right to vote, namely, Wyoming. The Constitution of that State declares that "the rights of citizens of the State of Wyoming to vote and hold office, shall not be denied or abridged on account of sex (1)." Wyoming is not the first State in the American Federation to try the experiment of "woman suffrage." Woman voted in New Jersey under the first Constitution (2) of that State, which gave the elective franchise to "all inhabitants of (1) Constitution of Wyoming, Art. VI, Sec. I. (2) Constitution of New Jersey (1776) Subd. IV.

the colony, of full age, "who were worth fifty pounds proclamation-money." In 1793, the legislature of the State passed an act to regulate elections, which provided that "every voter shall openly, and in full view, deposit his or her ballot, which shall be a single written ticket containing the names of the persons for whom he or she votes (1)." The privilege thus exercised was abolished in 1807 (2), and it has never been restored. The present Constitution, adopted in 1844, restricts the suffrage to "every white (3) male citizen of the United States." Women are, consequently, no longer voters in New Jersey.

In the history of the United States, therefore, only two States have given women the same right to vote as is given to men, and one of those two has since abrogated the right.

It is, however, in the power of the legislature of North Dakota, with the consent of the people, to extend the elective franchise to women in that State. Its Constitution provides that "the legislative assembly shall be empowered to make further extensions of the suffrage hereafter, at its discretion, to all citizens of mature age and sound mind, not convicted of crime, without regard to sex;" but, if the power thus vested in the legislative assembly is exercised, the result must be ratified by a majority of electors voting at a general election, before it can become (1) American Citizen's Manual, 89, 90.

(2) Id.

(3) The word "white" was stricken out by Constitutional amendment in 1875.

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