Mr. Chairman, it clearly appears that at the time the Thirteen Original States formed the Union the provisions of six State constitutions, and the colonial charters under which the States of Rhode Island and Connecticut were operating, in referring either to a poll tax, as in the case of New Hampshire, or to a property tax requirement or a property ownership requirement, used either the word "qualifications" or the word "qualify" as applicable to those various requirements for voting. I call again attention to the fact that the people who were framing the Constitution were students of the law, students of government, and had participated in the drafting of the constitutions of their several States, and unquestionably knew more about the slender body of the law as it then existed than any person can know now about the much greater body of the law which now exists.

It is simply idle to pretend to come to a conclusion that these framers of the Constitution did not know the provisions of the constitutions of the various States which they represented in this supreme effort which they were then making, after the years of unsatisfactory experience under the Articles of Confederation, in their attempt to work out by give and take a Federal form of government in which the States would have some rights preserved, but in which a Federal Government would be delegated sufficient general powers to assure a strong Union.

Mr. Chairman, to illustrate the extensive use of the words "qualification," "qualifications," and "qualified" or "qualify" in direct relation to requirements for voting, I would like to place in the record certain provisions of the documents under which the Thirteen Original States were operating when the Federal Constitution was framed. In order to facilitate matters I will not cite them orally as I did in my testimony in 1954, but ask that my testimony before this subcommittee on May 11, 1954, on Senate Joint Resolution 25 of the 83d Congress, which was identical to the pending measure, dealing with the constitutional provisions and colonial charters of the Original Thirteen States, be inserted at this point in my remarks.

Senator KEFAUVER. Without objection, the testimony so described will be inserted.

(The document referred to is as follows:)

Because it is the only State which at the time had a poll-tax requirement, I place first in the record two provisions of the constitution of 1784 of the State of New Hampshire. The whole of the constitution is available, if desired for any reason, in the custody of the Library of Congress, which prepared these excerpts for me; but I will endeavor to shorten the record by placing in the record only those provisions which bear directly upon the use of the word "qualifications" or similar words and the prescribing by these constitutions of qualifications for electors to elect the most numerous branch of their State legislature.

I asked the Library of Congress not only to furnish me these quotations, but after I drafted them to then recheck them against the charters and against the original constitutions and the later constitutions which I refer to so there would be no question as to their accuracy. I do now state that check has been made.

NEW HAMPSHIRE

Mr. Chairman, I shall quote the provisions applicable to the election of the senate first because they are adopted by reference when it comes to prescribing for the more numerous branch of the State legislature:

"The Senate shall be the first branch of the legislature, and the Senators shall be chosen in the following manner, viz: Every male inhabitant of each town and parish with town privileges in the several counties in this state, of twenty-one

years of age and upwards, paying for himself a poll tax, shall have a right at the annual or other meetings of the inhabitants of said towns and parishes, to be duly warned and holden annually forever in the month of March; to vote in the town or parish wherein he dwells, for the Senators in the county or district whereof he is a member.

"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 that town, parish, and plantation where he dwelleth and hath his home."

The word used there is "qualified," which I have italicized. For the convenience of the committee, I have underlined similar words in the quotations used throughout my statement.

Quoting later with reference to the House:

"The Members of the House of Representatives shall be chosen annually in the month of March, and shall be the second branch of the legislature.

"All persons qualified to vote in the election of Senators shall be entitled to vote within the town district, parish, or place where they dwell, in the choice of representatives."

The word "qualified" is used again.

Mr. Chairman, it is wholly futile for anyone to say, looking at that constitution, either that the poll tax was not known to the framers of the original constitution or that that was not within the purview of the qualifications for election of the most numerous branch of the State legislature, because to so hold would be to deny force and effect to the specific and express wording of the State constitution then in existence; that is, the New Hampshire constitution of 1784.

MARYLAND

Now, Mr. Chairman, I quote next with reference to Maryland:

"ARTICLE II. That the House of Delegates shall be chosen in the following manner: All freemen, above twenty-one years of age, having a freehold of fifty acres of land, in the county in which they offer to vote, and residing therein-and all freemen, having property in this state above the value of thirty pounds current money, and having resided in the county, in which they offer to vote, one whole year next preceding the election, shall have a right of suffrage, in the election of Delegates for such county; and all freemen, as qualified, shall on the first Monday of October, seventeen hundred and seventy-seven, and on the same day in every year thereafter, assemble in the counties, in which they are respectively qualified to vote, at the courthouse, in the said counties, or at such other place as the Legislature shall direct; and, when assembled, they shall proceed to elect, viva voce, four Delegates, for their respective counties, of the most wise, sensible, and d'screet of the people, residents in the county where they are to be chosen, one whole year next preceding the election, above twenty-one years of age, and having, in the State, real or personal property above the value of five hundred pounds current money; and upon the final casting of the polls, the four persons who shall appear to have the greatest number of legal votes shall be declared and return, duly elected for their respective counties."

The chairman has noted, of course, the use of the word "qualified" in two places in the quoted provision of the Maryland constitution and has noted an alternative requirement much more sever than paying the poll tax, one that the elector must be a freeholder: the other that he must be a freeman having property above the value of the 30 pounds current money.

I call attention to the fact that the requirement of ownership of 500 pounds applies to the delegates and not to the elector. But it is crystal clear that such requisites as ownership of property were specifically--and that is a more difficult requirement than the requirement of payment of poll tax and a much more conservative one-comprehended within the meaning of the word "qualified” and the meaning of the word "qualifications" under this constitution of Maryland in 1776 and in force at the time of the framing of the Constitution of the United States.

NEW JERSEY

Next, the State of New Jersey. The constitution of 1776, article JV: "That all inhabitants of this Colony, of full age, who are worth fifty pounds proclamation money, clear estate in the same, and have resided within the county in which they claim a vote for twelve months immediately preceding the election, shall be entitled to vote for Representatives in Council and Assembly; and also

for all other public officers, that shall be elected by the people of the county at large."

In that particular provision, Mr. Chairman, the word is "entitled," but article XIII which I now quote with reference to the same prerequisites uses the word "qualified." I now quote article XIII:

"That the inhabitants of each county, qualified to vote as as aforesaid, shall at the time and place of electing their representatives, annually elect one Sheriff, and one or more Coroners; and that they may reelect the same person to such offices until he shall have served three years, but no longer, after which, three years must elapse before the same person is capable of being elected again. When the election is certified to the Governor, or Vice President, under the hands of the six freeholders of the county for which they were elected, they shall be immediately commissioned to serve in their respective offices."

There can be no question, Mr. Chairman, that in that case as in the preceding ones, the word “qualified” is specifically used with reference to a property requirement or qualification.

SOUTH CAROLINA

Now, the State of South Carolina, and I quote out of the constitution of 1778 as follows:

"The qualification of electors shall be that every free white man, and no other person, who acknowledges the being of a God, and believes in a future state of rewards and punishments, and who has attained to the age of one and twenty years, and hath been a resident and an inhabitant in this State for the space of one whole year before the day appointed for the election he offers to give his vote at, and hath a freehold at least of fifty acres of land, or a town lot, and hath been legally seized and possessed of the same at least six months previous to such election, or hath paid a tax the preceding year, or was taxable the present year, at least six months previous to the said election, in a sum equal to the tax on fifty acres of land, to the support of this government, shall be deemed a person qualified to vote for, and shall be capable of electing, a representative or representatives to serve as a member or members in the Senate and House of Representatives, for the parish or district where he actually is a resident, or in any other parish or district in this state where he hath the like freehold. Electors shall take an oath or affirmation of qualification, if required by the returning officer."

The chairman has noted, I am sure, that the word “qualification" has twice been used, and the word "qualified" once used with reference to these various requirements, ownership of a freehold, ownership of a lot in town, actual payment of tax in the preceding year, obligation for payment of a tax equal to the tax on 50 acres of land in the present year and which has been due at least 6 months prior to the time of the election. So there could not be any question but that in South Carolina they understood the term "qualification" was applicable to the tax-paying requirement or the property-owning requirement or both.

NEW YORK

The next is the State of New York. I quote article VII and a part of article XII:

"That every male inhabitant of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall, at such election, be entitled to vote for representatives of the said county in assembly: if, during the time of aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this State: Provided always, That every person who now is a freeman of the City of Albany, or who was made a freeman of the City of New York or on before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities, respectively, shall be entitled to vote for representatives in assembly within his said place of residence." That closes article VII. XII follows:

"That the election of Senators shall be after this manner: That so much of this State as is now narceled into counties be divided into four great districts; the southern district to comprehend the city and county of New York, Suffolk. Westchester, Kings, Queens. and Richmond Counties; the middle district to comprehend the counties of Duchess, Ulster, and Orange; the western district. the city and county of Albany, and Tryon County; and the eastern district, the counties of Charlotte, Cumberland, and Gloucester.

"That the Senators shall be elected by the freeholders of the said districts, qualified as aforesaid, in the proportions following, to wit: In the southern district, nine; in the middle district, six; in the western district, six; and in the eastern district, three. And it be ordained, that a census shall be taken, as soon as may be after the expiration of seven years from the termination of the present war, under the direction of the legislature; and if, on such census, it shall appear that the number of Senators is not justly proportioned to the several districts, that the legislature adjust the proportion, as near as may be, to the number of freeholders, qualified as aforesaid, in each district."

The word "qualified," I am sure, is noted by the chairman as applicable to those various property-owing taxpaying requirements.

MASSACHUSETTS

Next is the State of Massachusetts under the constitution of 1780, and I read briefly from it, from the provisions of article II:

"There shall be a meeting on the first Monday in April, annually, forever, of the inhabitants of each town in the several counties of this commonwealth, to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be Senators and Councilors; and at such meetings every male inhabitant of twenty-one years of age and upward, having a freehold estate within the commonwealth of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the Senators for the district of which he is an inhabitant. And to remove all doubts concerning the meaning of the word "inhabitant," in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, district, or plantation where he dwelleth or hath his home.

"The selectmen of the several towns shall preside at such meetings impartially, and shall receive the votes of all the inhabitants of such towns present and qualified to vote for Senators ***"

Obviously, they use the word "qualified" in the second paragraph with reference to the property requirements stated in the preceding paragraph.

PENNSYLVANIA

Now, with reference to Pennsylvania, Mr. Chairman, without unduly encumbering the record, I will simply insert the provisions of section 6 of that general portion of the constitution of 1776, styled "Plan or frame of government."

"SECTION 6. Every freeman of the full age of twenty-one years, having resided in this state for the space of one whole year next before the day of election for representatives, and paid public taxes during that time, shall enjoy the right of an elector; provided always, that sons of freeholders of the age of twenty-one years shall be entitled to vote although they have not paid taxes."

GEORGIA

In the case of Georgia, I quote from the constitution of 1777, article IX, as follows:

"All male white inhabitants of the age of twenty-one years, and possessed in his own right of ten pounds value, and liable to pay tax in this State, or being of any mechanic trade, and shall have been resident six months in this State, shall have a right to vote at all elections for representatives, or any other officers herein agreed to be chosen by the people at large; and every person having a right to vote at any election shall vote by ballot personally."

In this article, Mr. Chairman, the word "qualified" or "qualifications" is not used. Nevertheless, the fact that tax payment and property-ownership qualifications were found there is very clear.

NORTH CAROLINA

Next is North Carolina, and I quote into the record articles VIII and IX: "VIII. That all freemen of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately preceding the day of any election, and shall have paid public taxes, shall be entitled to vote for the members of the House of Commons for the county in which he resides.

"IX. That all persons possessed of a freehold in any town in this State, having a right of representation, and also all freemen, who have been inhabitants of any such town twelve months next before, and at the day of election, and shall have paid public taxes, shall be entitled to vote for a member to represent such town in the House of Commons: Provided always, That this section shall not entitle any inhabitant of such town to vote for members of the House of Commons, for the county in which he may reside, nor any freeholder in such county, who resides without or beyond the limits of such town, to vote for a member for said town."

They prescribe property requirements, but without the use of the word "qualified" or the word "qualifications." However, property requirements and taxpaying requirements are included.

VIRGINIA

The constitution of Virginia of 1776 simply incorporated the right of suffrage as it existed under the ancient charter and the acts of the assembly which had been passed prior to that time, under these words:

"The right of suffrage in the election of members for both Houses shall remain as exercised at present; and each House shall choose its own Speaker, appoint its own officers, settle its own rules of proceeding, and direct writs of election, for the supplying intermediate vacancies."

I am told by the research people in the Library of Congress that the acts of the earlier assemblies under the colonial charter had prescribed not only taxpaying requirements but also property-owning requirements, and that same were in existence and were incorporated in the setup of the new State when that constitution was adopted under the words that I have just read.

COLONIAL CHARTERS

Mr. Chairman, to conclude the list of the Thirteen States, the remaining three, Delaware, Rhode Island, and Connecticut, were all operating under colonial charters and had not adopted new constitutions at that time and the qualifications of their electors were fixed by statute. Delware established qualifications for voting in her constitution of 1792. That came just after the adoption of the constitution. Connecticut and Rhode Island did not adopt constitutions until 1818 and 1842, respectively.

In order, therefore, to determine the qualifications for voting in these three States Connecticut, Delaware, and Rhode Island-at the time of their entry into the Union, an examination of the statutes of these States in force prior to such has been made for me by the Library of Congress, and the pertinent laws are set forth as follows:

CONNECTICUT

In 1769, in Connecticut, separate qualifications were established for voting for deputies or representatives to the general court (legislature), governor, and deputy governor (Laws 1769, pp. 45, 301), and for voting for town officers (Laws 1769, p. 240). Only freemen were eligible to vote and "An Act Relating to Freemen" set forth the requisites to become a freeman, as follows:

"That the Town Clerks in the several Towns in this Colony, shall enroll in their respective Offices, the Names of all such Persons in their respective Towns as are or shall be admitted Freemen of this Corporation, which enrollments shall be made by the direction of the Authority and Selectmen of the Town, in the open Freemen's Meeting, legally Assembled.

"That all such inhabitants in this Colony as have accomplished the Age of Twenty-one Years, and have the Possession of Freehold Estate to the value of Forty Shillings per Annum or Forty Pounds personal Estate in the General List of Estates in that Year wherein they desire to be admitted Freemen and also are Persons of a quiet and peaceable Behaviour, and civil Conversation, may, if they desire it, on their procuring the Selectmen of the Town wherein such Persons inhabit, or the major Part of them, to certify that the said Persons are Qualified as abovesaid, be admitted and made Free of this Corporation, in case they take the Oath provided by Law for Freemen; which Oath any one Assistant or justice of the peace is hereby impowered to administer in said Freemen's Meeting."

DELAWARE

Under a temporary act originally passed by the colonial legislature on June 13, 1772, chapter 207, but subsequently reenacted and made permanent (perpetual)