were to be appointed in each state “in such manner
as the Legislature thereof may direct.”
These were at the time very wise regulations, for
they showed, as James Wilson, a member of the Constitutional
Convention, said, the most friendly disposition toward
the governments of the several States, and they tended
to destroy the seeds of jealousy which might otherwise
spring up with regard to the National Government.
At that time the framers of the Constitution did not
deem it wise to limit in any respect the control of
the States over the subject of suffrage. There
was then no uniformity regarding the suffrage in the
several states. A property qualification was
usually prescribed, but the amount of property it was
necessary to hold varied considerably in different
states. For instance, in Maryland all freemen,
above 21 years of age, having a freehold of fifty
acres of land in the county in which they resided,
and all freemen having property in the state above
the value of thirty pounds current money and who had
resided in the county one year, could vote. In
New Jersey “all inhabitants” of full age
worth “fifty pounds, proclamation money clear
estate within that government,” could vote.
In New York “every male inhabitant of full age”
who had resided within the county for six months immediately
preceding the day of election could vote if he had
been a freeholder possessing a freehold of the value
of twenty pounds within the county or had rented a
tenement therein of the yearly value of forty shillings,
and had been rated and actually paid taxes to the
state. In a number of the States the right to
vote was restricted to taxpayers. In Pennsylvania
every freeman of 21 years who had resided in the state
two years next before the election and within that
time had paid a State or a county tax could vote.
There is today a wide divergence in the qualifications
required in the various states to entitle one to vote.
In a few States there are educational qualifications,
as in California, Connecticut, Massachusetts, Washington
and North Carolina. In some States one cannot
vote unless he has paid certain taxes, almost always
poll taxes. In certain States Indians who are
not members of any tribe can vote. And in a number
of the States every male of foreign birth, 21 years
of age, who has declared his intention to become a
citizen according to the naturalization laws of the
United States can vote.
These differences exist because the Constitution remains,
so far as this subject is concerned, as it was originally
adopted, except that the Fifteenth Amendment provides
that “The right of citizens of the United States
to vote shall not be denied or abridged by the United
States or by any State on account of race, color or
previous condition of servitude.” It is,
however, an anomalous condition that the right of
citizens of the United States to vote remains wholly
dependent on the laws of the States, subject only
to the restriction that in the regulations the States
establish they cannot discriminate against any citizen
on account of race, color or previous condition of
servitude. If woman suffrage is a sound principle
in a republican form of government, and such I believe
it to be, there is in my opinion no reason why the
States should not be permitted to vote upon an Amendment
to the Constitution declaring that no citizen shall
be deprived of the right to vote on account of sex.