WHO WERE VOTERS

IN THE EARLY HISTORY OF THIS COUNTRY?

By the term "voters" will be understood those who, under the Charters, Constitutions and laws of the colonies, provinces and States, had in early times, the right of suffrage. Whether, as in New York and New Jersey, the class whose rights will principally be under discussion, actually voted, or whether, as in most other cases, they for any reason refrained from voting or from attempting to vote, is a matter which will be left entirely out of view, as not affecting the question from a legal stand-point. Political rights are not lost by non-user. In some parts of the South the colored people do not vote at all; yet no one doubts their legal right.

Understanding the term in this sense, let us see who were voters in the early history of this country. We will first take the original 13 States, which are the ones principally to be considered:

MASSACHUSETTS.

By one of the very first laws of the Colony of New Plymouth, passed in 1632, only twelve years after the landing of the Pilgrims, "it was enacted by public consent of the freemen of this society of New Plymouth," etc.-(Plymouth Colony Laws, by Brigham, p. 30.)

By an act or resolution adopted at New Plymouth, Nov. 15, 1636, referring to the choosing of a Governor and seven Assistants, it was provided as follows:

"This election to be made only by the freemen according to the former custome," etc.-(Ibid. p. 37.)

But afterward it was enacted as follows:

"And such as are not freemen but have taken the oath of fidelitie and are masters of families and inhabitants of the said towns, as they are to bear their part in the charges of their committees, so to have a vote in the . choyce of them.”—(lbid. p. 63.)

Who was an "inhabitant?" Let the law itself answer.

"Every person that liveth and is quietly settled in any township, and not excepted against within the compasse of three months after his comeing, in this case shall be reputed an inhabitant of that place.”—(Brigham's Colony Laws, p. 73.)

Were women "inhabitants?" Unless it be denied that a woman was a "person." it must be admitted that by being quietly settled in a township and not excepted against within three months, she became an inhabitant, and if an inhabitant and head of a family, she had a vote, whether she was a freeholder or not.

The recital of one law is as follows:

"Whereas, the number of freemen in many places is but small, and the inhabitants of the townships many more, who have equale votes with the freemen in the choice of deputies,” etc.--(Ibid. p. 112.)

By the Charter of third William and Mary, there was to be a Great and General Court or Assembly to consist of the Governor and Council or Assistants, and of such freeholders "as shall be from time to time elected or deputed by the major part of the freeholders and other inhabitants of the respective towns or places who shall be present at such elections." No freeholder or other person could have a vote who did not have a freehold to the value of forty shillings per annum, or other estate to the value of fifty pounds sterling.-(Charter and Laws, 1726, p. 7.)

The Explanatory Charter of King George recited the foregoing without change, and the Election Law of 1742 corresponded with that provision.

For many years, the form of the precept for calling the Great and General Court or Assembly, ran thus:

"These are **to cause the freeholders and other inhabitants of your town [possessed of a freehold of 40 s. per annum, or other estate worth £50], to assemble," etc.-(Laws of 1759, p. 78.)

In the Constitution of 1780, the word "male" was inserted, and thus became, and has since remained, one of the qualifica

tions to entitle an elector to the benefit of the guaranty of the Constitution. If women had not previously an equal right to the suffrage, why was it necessary to insert the word "male" in the Constitution of 1780?

RHODE ISLAND.

The Original Charter of 15th Charles II, provided that the Governor and other officers should be chosen "out of the freemen of the said Company."-(Laws of R. I., 1798, p. 7.)

That the Assistants should be "thereunto elected or deputed by the major part of the freemen," etc.-(Ibid. p. 8.)

The election law, enacted in 1663, and re-enacted at various times, up to 1798, provided as follows:

"That no person whosoever shall be permitted to vote or act as a freeman in any town meeting in the State, but such only who are inhabitants therein and who" [are possessed of a freehold worth $134, or renting for $7 per annum.]—(Ibid. p. 115.)

This law was re-enacted in 1808, 1811, 1814 and 1822.— (Laws of 1822, p. 90.)

Town officers to be elected by the freemen.-(Ibid. p. 258.) In 1840, the word "male" was first introduced into the law regulating the manner of admitting freemen.-(Pub. Laws after 1822, p. 2018.)

In 1842 the Constitution was adopted, in which the word "male" was inserted as a qualification.

Previous to the Constitution of 1842, the voters had been the inhabitants who were freeholders.

CONNECTICUT.

Connecticut, as is well known, was originally a colony of Massachusetts. In 1639, all "the free planters" formed a Constitution of Civil Government. It was provided

"That church members only shall be free burgesses, and that they only shall chuse magistrates," etc.- Code of 1650, p. 118.

According to the Charter of 1662, the members of the General Meeting or Assembly were to be "elected or deputed by the major part of the freemen of the respective towns," etc.-(Rev. Laws, 1796, p. 2.)

By the Election Law of 1697, it was enacted "that every

freeman in each town there present, shall give his vote or suffrage" etc.-(Ibid. p. 151.)

The Election Law in the compilation of 1808, is substantially the same.

The voters were the freemen. The freemen were those who had freehold estate of the value of $7 per annum, or $134 of personal estate, who were "persons of a quiet and peaceable behavior," etc., and who had been admitted and made free of the State. They were the "free inhabitants."

Neither in the acts prescribing the qualification of voters nor in the freeman's oath was there any distinction of sex. The freeman's oath was established in 1640. The form of it will be found in the Laws of 1796, p. 328.

In 1818, Connecticut adopted a Constitution, the second section of which contained the word "male." But it had reference to those who should become voters after the adoption of the Constitution. The first section provided that "all persons" admitted freemen previous to the ratification of the Constitution, should be electors. The word "male" was not in the first section; which was an implied admission that previous to 1818, sex had not been a qualification.

NEW HAMPSHIRE.

The temporary Constitution of 1776 contained no qualification for the suffrage. The common law rules and customs prevailed until the Constitutions of 1784 and 1792, which contained the word "male" as a qualification.

NEW YORK.

Originally, in New York, as in the other colonies, freehold suffrage prevailed. That women voted is a matter of history. Lady Deborah Moody, in 1654, voted for town officers and for taxes and officers of Gravesend,. Long Island, and for years elected all the town officials by her single vote.-(Lady Deborah Moody, by James W. Gerard, 30. 1.)

The proclamation of Governor Dongan, in 1683, directed "all the freeholders" to vote. The Assembly so chosen enacted in the "Charter of Liberties" that "every freeholder within the Province" should vote for members of Assembly,

and that "by freeholder is understood every one who is so understood by the laws of England."

The Constitution of 1777, in Sec. 7, contained the word "male," making sex a qualification, for electors of Representatives. In the qualifications prescribed for electors of Senator, Governor and Lt. Governor, however, there was no distinction of sex.

Thus New York presents the earliest instance of the incorporation of the word "male" in the fundamental guaranty of the right of suffrage.

That the elective franchise, previous to the Constitution. of 1777, was attached to the freehold, is manifest from the form of the oath which the elector must take when challenged:

"I do solemnly and sincerely swear ** that I am possessed of a freehold in my own right [or in the right of my wife, as the case may be], of the value," etc.-(See Laws of N. Y. 1802, vol. 1, p. 269, where the form of oath prescribed many years before, is still retained.)

Even after the voting was restricted to males the husband could vote for his wife's freehold; which shows that previously the common law rule prevailed. One branch of that rule was that feme sole freeholders could vote in their own right.

NEW JERSEY.

In the Declaration of the Lords Proprietors, made in 1672, it was provided that

"No person or freeman whatsoever shall be counted a freeholder of the said Province, nor have any vote ** until he doth actually hold his or their lands by patent from us the Lords Proprietors.”—(The Grants etc. by Leaming & Spencer, p. 32.)

In the Fundamental Constitutions of 1683, it was provided in sec. 3, as follows:

"The persons qualified to be freemen, that are capable to choose and be chosen in the Great Council shall be every planter and inhabitant dwelling and residing within the Province, who" [has 50 acres of land, 10 of it cultivated, or if living in a borough, a house and 3. acres], etc.-(Ibid. p. 154.)

By the law of 1698 it was enacted:

"That all the freeholders inhabiting in every of the respective towns or divisions within this Province, shall annually meet on ** and choose freeholders" [for representatives.]—(Ibid. p. 368.)