March 22, 1962 (4)

The Senate resumed the consideration of the motion of the Senator from Montana [Mr. MANsFIELD] to proceed to the consideration of the joint resolution (S.J. Res. 29) providing for the establishing of the former dwelling house of Alexander Hamilton as a national monument.

Mr. FULBRIGHT. Mr. President, the procedure being pursued in connection with this poll tax proposal does violence, I think, to the traditional processes of the Senate.

A. It is rather strange, to :.:o ay the least, to use a proposal to establish Alexander Hamilton's birthplace as a national memorial as a vehicle for amending the Constitution.

B. The point of order which will be raised by the senior Senator from Georgia is, I believe, well taken. AI though the rules of the Senate with respect to amending legislation are very broad, they are not broad enough to permit submission of a constitutional amendment as a substitute for an ordinary piece of general legislation.

C. Year after year the traditions and rules of the Senate are stretched beyond reads: recognition when so-called civil rights legislation is considered. Our rules operate very well for every conceivable type of legislation, but for some reason proponents of so-called civil rights bills are never content to abide by the standard practices. They nearly always insist on special treatment, or seek special priority for their measures.

During the course of this debate, nothing has been said to justify this unusual parliamentary procedure.

A. Efforts to eliminate the poll tax either by statute or by constitutional amendment have been coming before the Congress from time to time ever since I have been a member of this body. Yet it has never been shown that the poll tax is used as a device to prevent anyone from voting.

B. The constitutional amendment proposed by the senior Senator from Florida [Mr. HOLLAND] has been before a subcommittee of the Senate Judiciary Committee since February of last year. Five of the six members of this subcommittee are listed as cosponsors of the resolution; however, it still has not been voted out, for consideration, by the full committee.

C. If the committee members who are cosponsors are so concerned about elimination of this tax, I would assume that the measure would long ago have been reported for full committee action. D. I understand that there are now 68 sponsors of the proposed constitutional amendment. In spite of the fact that the sponsors number far more than a majority of the Members of this body, I know of no move on their part to discharge the committee from further consideration of Senate Joint Resolution 58 under the procedure of rule 26.

This, it would seem to me, if they have due regard for our rules, would be a proper approach to this problem.

Mr. President, I would like to review some history in connection with the question of qualifications of voters.

A. The question of whether the qualifications of electors of Representatives should be decided by the States or the Federal Government was thoroughly considered by the delegates to the Constitutional Convention. The distinguished junior Senator from Virginia, only yesterday, I believe, or the day before, reviewed at considerable length and in a most revealing and incisive manner the nature of the discussion of the debate on this matter in the Constitutional Convention. The major dispute was on the question . of whether a provision would be included in the Constitution that would allow landowners only to vote or that establishment of voting qualifications would be left to the individual States. The advocates of limiting the privilege of franchise to landowners was defeated by a vote of seven States to one, and the plan of the Committee on Detail was adopted without a dissenting vote. After a slight change in language, it became that part of section 2, article I, of the Constitution which The electors in each State shall . have the qualifications requisite for electors of the most numerous branch of the State legislature.

The delegates to the Constitutional Convention were obviously quite familiar with qualifications required by the individual States, then Colonies, as a prerequisite to voting. They knew full well what they were doing when they agreed on the language in section 2, article I, leaving the establishment of qualifications of electors up to the individual States.

A. The qualifications for voters prescribed by the States at the time of the adoption of the Constitution are rather interesting in the light of the hue and cry made today about the oppressive effects of the poll tax.

NEW HAMPSHffiE

The senate shall be the first br a nch 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 21 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 a s 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 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.

MARYLAND

That the house of delegates shall be chosen in the following manner: All freemen, above 21 years of age, having a freehold of 50 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 30 pounds current money, and having resided in the county, in which they offer to vote, 1 whole year next preceding the election, shall have a right of suffrage, in the election of delegates for such county. • • •

NEW JERSEY

That all inhabitants of this Colony, of full age, who are worth 50 pounds proclamation money, clear estate in the same, and have resided within the county in which they claim a vote for 12 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.

SOUTH CAROLINA

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 1 and 20 years, and hath been a resident and an inhabitant in this State for the space of 1 whole year before the day appointed for the election he offers to give his vote at, and hath a freehold at least of 50 acres of land, or a town lot, and hath been legally seized and possessed of the same at least 6 months previous to such election, or hath paid a tax · the preceding year, or was taxable the present year, at least 6 months previous to the said election, in a sum equal to the tax - on . 50 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 py the returning officer.

NEW YORK

That every male inhabitant of full age, who shall have personally resided within one of the counties of this State for 6 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 20 pounds, within the said county, or have rented a tenement therein of the yearly value of 40 shillings, and been rated and actually paid taxes to this State. • • •

MASSACHUSETTS

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 7 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 21 years of age and upward, having a freehold estate within the Commonwealth of the annual income of 3 pounds, or any estate of the value of 60 pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant.

PENNSYLVANIA

Every freeman of the full age of 21 years, having resided 1n this State for the space of 1 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 21 years shall be entitled to vote although . they have not paid taxes.

GEORGIA

All male white inhabitants of the age of 21 years, and possessed in his own right of 10 pounds value, and liable to pay tax in this State, or being of any mechanic trade, and shall have been resident 6 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.

NOR'l'H CAROLINA

That all freemen of the age of 21 years, who have been inhabitants o! any one county within the State 12 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.

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 12 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. • • •

vntGINIA

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. (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 · n that constitution was adopted.)

Colonial . Z charters

Delaware 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.

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, a& follows:

"That all such inhabitants in this Colony as have accomplished the age of 21 years, and have the possession of freehold estate to the value of 40 shillings per annum or 40 pounds personal estate in tJ;le general list of estates in that year wherein they desire to be admitted freemen. • • *"

DELAWARE

Persons be of the age of 21 years or upwards, and be a freeholder or freeholders in this government, and have 50 acres of ~and or more well settled, and 12 acres thereof cleared and improved, or be otherwise worth 40 pounds lawful money of this government clear estate, and have been resident therein for the space of 2 years before such election. • • •

RHODE ISLAND

In Rhode Island prior to admission in the Union a person in order to vote had to be admitted as a freeman and be enrolled as such. In order to be admitted as a freeman the following statutory requirement had to be met:

"That no person whosoever shall be permitted to vote or act as a freeman in any town meeting in this State, but such only who are inhabitants therein, and who at the time of such their voting and acting are really and trUly possessed, in their own proper right, . of a real estate within this State, to the full value of $134, or which shall rent for $7 per annum, being an estate in fee simple, fee tail, or an estate in reversion which qualifies no other person to be a freeman, or at least an estate for a person's own life, or the eldest son of such a freeholder: And that no estate of a less quality shall entitle any person to the freedom of this State."

B. The poll tax is certainly a minor prerequisite to voting when compared with these requirements of the original States.

It is, I think, interesting to note that the :five States commonly listed as being the only ones which require the payment of a poll tax have something in common with the New England States. The Library of Congress has prepared an enlightening study of poll taxes as they are levied in New England States. I would like to review the application of these taxes in the various New England States for the information of · my colleagues:

MAINE

Upon whom levied: Males whether citl~ zens or aliens who are inhabitants o:( the State who are above the age of 21 . years.

Exemptions:

( 1) No person shall be considered an inhabitant of a place on account of residing there as a student in an educational institution.

( 2) Indians, blind · persons, and persons under guardianship.

(3) Persons in active service in the Armed Forces.

( 4) Persons aged 70 and over; persons who are veterans of World Wars I and II and the Korean war; and persons who by reason of age, infirmity, or poverty are in the judgment of assessors unable to contribute toward the public charges.

(5) Veterans of the Civil War; veterans receiving a State pension; veterans of the Indian and Spanish Wars; veterans of the Philippine Insurrection; disabled veterans of World Wars I and II.

Rate, $3.

Payment a prerequisite: Payment is a prerequisite to: (1) granting of a motor vehicle operator's license and registration of a motor vehicle; (2) issuance of a resident hunting or fishing license.

That is quite interesting. It goes considerably further than the provision in my own State. I continue to read:

Collection: The tax is collected principally by local officers from each taxable person in the place where he is an inhabitant on April lin each year. With certain exceptions, proceeds of this tax are paid into the State treasury. Remedies for collection include the imposition of interest and the levy by distress and sale upon the real and personal property of the delinquent as well as arrest of the latter. Delinquent taxes also may be sued for tn an action of debt against the party liable.

As a matter of fact, the $3 poll tax in Maine is enforced, I would say, much more vigorously, and without any reasonable possibility of escaping it, than is the tax in my State.

I continue:

Relation of payment of poll tax to voting: Boards of registration entrusted with the function of preparing lists of eligible voters are assisted in this task by the receipt annually from tax assessors of lists compiled by the latter by house-to-house canvass and containing the names, age, addresses, and oc- cupations of males aged 21 and over and liable to pay a poll tax and of females eligible to vote. The boards in completing their voting registers rely upon such lists; but any eligible voter whose name did not appear on the lists thus transmitted may be registered by applying in person to such boards. However, the registration boards exchange information with the tax assessors, and supply to the latter the names of all registered voters which did not appear on the voting lists submitted by the assessors. The assessors are thus apprised of persons liable to pay the poll tax whose names hitherto have been omitted from the tax lists.

I would say, as a practical matter, that the $3 poll tax in Maine is very effectively imposed. For all practical purposes, it is a prerequsite to · voting, even though in form it is not stated in the law itself. In substance and in fact certainly it would clearly prove to be, inasmuch as a person could not either register an automobile or have a driver's license, among other things, without paying it.

I read · further:

MASSACHUSETTS

Upon whom levied: On every male inhabitant above the age of 20, whether a citizen or an alien (Gen. Laws Ann. (West, 1958) ch. 59, section 1).

Exemptions: (1) Male inhabitants who are 65 years of age or over, or who, during the preceding calendar year, were recipients of old age assistance or of aid furnished by municipalities from funds appropriated by them for the relief, support, maintenance, and employment of the poor shall be assessed for, but shall be exempt, at their request, from the payment of a poll tax. Such request, when filed in any year, shall continue in effect with respect to poll taxes assessed in subsequent years, unless such inhabitant in writing shall otherwise direct. (2) Persons who by reason of age, infirmity, and poverty are in the judgment of the assessors unable to contribute fully toward public charges. In the . event that a person so relieved of poll taxes dies leaving a net estate in excess of all his debts, said estate shall be charged with the amount of taxes from · which he is so relieved with interest at 6 percent from the date when such taxes except for such relief, would have been due. (3) Veterans of the Civil War, Spanish War, Philippine Insurrection, and Chinese Relief Expedition shall be assessed for, but shall be exempt at their request from payment of a poll tax. (4) Members of the Armed Forces are unconditionally exempt during their services (Gen. Laws Ann. (West, 1958) ch. 59, sees. 5 (17A, 17B, 18, 23), 5A).

Collection: Poll taxes are assessed by local assessors on each person lia.ble thereto in the town of which he is an inhabitant on January 1 in each year. Minors liable to taxation are assessed to and in the place of residence of the parents or guardians. If a person liable to a poll tax, who is in a town on January 1, refuses to state his legal residence, he shall be deemed a legal i~­ habitant thereof. If he designates another town as his legal residence, the assessors of the latter town are notified and thereupon complete the assessment.

Bills for poll taxes are distributed not later than October 1 of the year in which they are assessed, and are dated January 1 of the year to which the tax relates. Poll taxes are due and payable at the expiration of 30 days from the date upon which the bill was distributed. Remedies available to the local collectors to enforce collection include the seizure and sale of real and personal property sufficient to pay the taxes including the fees chargeable upon delinquency; or, in the event that the debtor has no tangible assets, imprisonment in jail for not more than 7 days. On poll taxes unpaid when due, interest shall be paid at the rate of 4 percent per annum, computed from the date when such taxes become due. The receipts including interest are paid over to the city or town treasurer (Gen. Laws Ann. (West. 1958) ch. 59, sees. 9-10, 57; ch. 60, sees. 2-5, 29, 35 (Supp. 1959), ch. 60, sec. Relation of payment of poll tax to voting: As an aid in determining the residents of cities and towns who are entitled to vote, town and city registrars, by a house-to-house canvass, compile annually in January and February lists containing the name, age, occupation, citizenship, and residence on January 1, in the preceding and current year of every person, 20 years of age and older, residing in their respective cities and towns. On or before April 15 in each year, they transmit to the assessors from the lists thus compiled the names of all male persons, 20 years of age and older; · and thereafter they furnish promptly to the assessors notice of any subsequent addition to or correction of their lists insofar as such changes relate to male persons aged 20 or over.

The registrars compile their annual registers of qualified voters by transferring thereto from the aforementioned lists of residents the names of all persons whom they can identify as having been included in the voting lists employed in the election held during the previous year. Persons omitted from registration lists thus prepared must appear in person and petition the registrars to correct the omission, and, if necessary, prove to the satisfaction of the registrars that the applicants are qualified and entitled to be registered. A male applicant may offer, as proof of his residence, a tax bill or notice from the assessor showing that he was assessed as a resident of his city or town. Tax assessors are apprized of all changes made in correcting the registration lists (Ann. Laws (1953), ch. 51, sees. 5-6, 8-9, 11, 34-35, 37-39, 42-43 (Supp. 1955), ch. 51, sees. 1, 4, 7. Gen. Laws Ann. (West, 1958) ch. 51, sees. 1-6, 8-9, 11, 34-35, 37-39, 42-43 (Supp. 1959), ch. 51, sec. 7).

NEW HAMPSHIRE

Upon whom levied: On every inhabitant of the State, from 21 to 70 years of age, whether a citizen of the United States or an alien. A husband shall be liable for the payment of his wife's poll tax if, when it was assessed, they were living together as man and wife (Rev. Stat. Ann. (1955) ch. 72, sees. 1, 5).

Exemptions: Paupers, insane persons, the widow of any veteran who served in the Armed Forces in wars which the United States was engaged, the widow of any citizen who served in the armed forces of an ally, veterans of any war in which the United States has been engaged, and veterans of any ally, provided such veterans record with the selectmen or assessors of the town in which they live their pension certificates or their certificates of honorable discharge. The term "veteran" includes members of any woman's auxiliary service which was subject to and under military law (Rev. Stat. Ann. (1955) ch. 72, sees: 1-4 (Supp. 1957), ch. 72, sec. 1-a).

Rate, $2. ·

Collection: Poll taxes are assessed before June 1, unless the time is extended, by town selectmen or city assessors and are payable to the collector on demand and without previous notice. Interest at 6 percent is charged on all taxes not paid on or before December 1 after assessment. The proceeds of such taxes are retained by the respective towns, cities, or counties. Remedies for collection include the seizure and sale of personal property sufficient to pay said taxes, or, if no personal property can be found, the arrest · and commitment of the delinquent taxpayer · to the county jail or house of correction. When any person is so committed to the county jail or house of correction where there is a workshop connected, he shall be credited . ted for his labor therein at the rate of $1.50 per day, to be applied on the amount of his tax and costs of commitment. He shall be required to pay the jailor of the institl' ' tion board at the rate of $2.50 per week, the same to be earned in the employ of said institution. Suit may also be instituted against a delinquent taxpayer for the amount of any taxes owed; and wages may be attached for payment (Rev. Stat. Ann. (1955) ch. 54, sec. 6; ch. 73, sec. 1; ch. 74, sec. 1; ch. 76, sees. 2-5, 13; ch. 80, sees. 1-2, 8-11, 13-15, 50; (Supp. 1957) ch. 76, sec. 12; ch. 80, sec. 12). Payment a prerequisite: Every applicant for a permit to register a motor vehicle or for a hunting, fishing, or trapping license must first submit an affidavit that he has paid his poll tax for the preceding year or was relieved of payment by exemption or abatement; but the permit or license may be issued if the selectmen or assessors certify that . the same should be granted notwithstanding failure to pay said tax.

The tax collector, after making demand of a delinquent by a registered letter and receiving no payment within 14 days thereafter, shall identify the delinquent taxpayer on a form provided by the commissioner of motor vehicles or the director of the fish and game department; and upon receipt thereof the commissioner or the director shall revoke the registration or the license of the delinquent taxpayer and refuse to restore the same until the delinquent tax has been paid (Rev. Stat. Ann. (1925) ch. 80, sec. 3, ch. 214, sees. 10, 12 (Supp. 1957), ch. 214, sec. 11, ch. 266, sees. 4-8).

VERMONT

Upon whom levied: Upon all inhabitants of the State, citizens and aliens, over 21 and under 70 years of age.

A husband living with or supporting his wife shall be held liable for the payment of a poll tax and an old-age assistance tax assessed against his wife. A wife who is supporting her husband shall be held liable for said taxes assessed against her husband (Stat. Arm. (1959) title 32, sees. 3601, 5011). It strikes me that this is a very unusually harsh requirement.

!continue:

Rate, $1 plus an additional levy of $6 for old age assistance.

(2) Incorporated villages are empowered, by vote, to levy additional poll taxes of their own (Stat. Ann. (1959) title 24, sec. 1369).

Exemptions: (1) Veterans of the Civil War, Spanish War, Philippine Insurrection, Boxer Rebellion, World Wars I and II, the Korean war, or Federal · emergency service and their wives and widows, and the wives and widows of members who died in such service, if the veteran is receiving disability compensation and if application for such exemption is made on or before May 1 of each year and a Veterans' Administration certificate is offered. Receipt of retirement pay defeats the exemption; (2) members of State militia or of fire companies, if the town wherein they reside so votes; (3) persons actually poor; (4) persons receiving old age assistance; (5) persons serving in the Armed Forces during their period of service (Stat. Ann. (1959) title 32, sec. 3801).

Collection: Poll taxes and old-age assistance taxes are collected locally in the same · manner as other State and local property taxes. Receipts from the poll tax are retained by the town treasurers; but 90 percent of the proceeds of the old-age assistance tax is remitted to the State. Towns and their municipalities, by vote, may fix dates of payments, and may allow a discount, up to 4 percent, on payments made in advance. Similarly, by vote, a town may collect interest at the rate o! one-half percent per month on poll taxes that are delinquent as of December 1. Remedies to enforce collection include the following: ( 1) Distraint and sale of personal property; (2) arrest and commitment to jail, until , the costs and taxes are paid, of a delinquent taxpayer who has no personalty available · for seizure and sale; (3) suit in court for delinquent taxes, with attachment of assets in the hands of the delinquent taxpayer's debtors or of salary exceeding $10 · in the hands of his employer. If wages in excess of $10 are attached, only $2 per week shall be withheld therefrom to be applied toward payment of the delinquent taxes (Stat. Ann. · (1959), title 32, sees. 4002, 4062, 4111, 4152- 4153, 4646, 4731, 4734, 4771-4774, 4791-4793, 5011-5023, 5071-5076, 5091-5093, 5136-5141, 5161-5164,5191-5194, 5221-5227).

Payment a prerequisite:

( 1) The commissioner of motor vehicles, on written notice from the collector of taxes o( any municipality, including school districts, shall suspend, for the unexpired term of the license, the operator's license · of any person who fails to pay all taxes for previous years, excepting property taxes, for · which he is liable.

(2) Payment of poll and old-age assistance taxes, unless a person is otherwise exempt, is a prerequisite to voting in town elections. Payment must be made prior to January 1 preceding the town meeting. A person who is qualified to vote in a town meeting shall be qualified to vote in all other municipal meetings.

The collector of town, town school district, or incorporated village taxes, annually on January 15, shall make a list of taxpayers whose poll taxes are unpaid and deliver same to the clerk to be used by the board of civil authority at an annual or special meeting to determine who · are not legal voters in such meetings (Stat. Ann. (1959), title 17, sec. 207; title 23, sec. 601; title 24, sec. 701; title 32, sec. 5161).

Mr. HILL. Mr. President, will the Senator yield for a question?

Mr. FULBRIGHT. I yield to the Senator for a question.

Mr. HILL. Is it not true that under the statutes of Vermont a person must pay the poll tax before he can get a driver's license?

Mr. FULBRIGHT. That is correct.

Mr. HILL. Is it not true that no matter what the emergency may be for driving a car, a person cannot drive a car and cannot get a driver's license, and if he does drive a car without the license he is in violation of the law, if he has not paid the poll tax?

Mr. FULBRIGHT. That is absolutely true. He is also subject to being put in jail. It is a rather unusual provision in these days in any State, to put a man in jail for failing to pay either his debts or his taxes. Nevertheless he is subject to arrest and commitment to jail until the costs and taxes are paid.

Mr. HILL. Mr. President, will the Senator yield further for a question?

Mr. FULBRIGHT. I yield.

Mr. HILL. Is it true that there is no such penalty provision with reference to the very small poll tax required to be paid by Arkansas, Alabama, Mississippi, Virginia, and Texas?

Mr. FULBRIGHT. In my State it is $1. It is noncumulative. I have never heard of any one being put in jail because he did not pay it, or of any other effort being made to force the person to pay it.

Mr. HILL. Is it not true that there is no provision in any statute in any one of these five States for anyone to be put in jail for failure to pay the poll tax?

Mr. FULBRIGHT. The Senator is quite correct. I have great respect, of course, for the wisdom of the New England States. It has always been my impression that their affairs, especially at the local, town meeting level, are well run. This poll tax requirement may account for or contribute to that happy result.

Mr. HILL. Mr. President, will the Senator yield further?

Mr. FULBRIGHT. I yield.

Mr. HILL. Is that not basically what the Senator from Arkansas and the Senator from Alabama are fighting for; namely, to let these people make their own determination at the local level and to let them determine their · own affairs?

Mr. FULBRIGHT. That is exactly right. I think it "is a shame to intervene or interfere · in the affairs of Maine, Vermont, Massachusetts, and New Hampshire. These provisions have been in their laws for many years. It would be a great injustice and very shortsighted by this method to attempt to intervene in their affairs.

Mr. mLL. Mr. President, will the Senator yield further for a question?

Mr. FULBRIGHT. I yield.

Mr. HILL. Is it not true that the more power that is vested in the people and in the towns and in the communities and local habitats the more conscious they are of their responsibilities and of their duties as citizens?

Mr. FULBRIGHT. There is no doubt about it. I believe the provisions which I have read may very well account for the political consciousness and astuteness that these people in New England have shown. While we have had certain differences in certain economic and political matters, nevertheless, the basic character of their democracy, as exemplified by their . town meetings, has always been admired by the people of this country. I was rather surprised by the nature of the provisions which still exist in these States.

Mr. HILL. Mr. President, will the Senator yield further?

Mr. FULBRIGHT. I yield.

Mr. HILL. Is it not true that the town meeting symbolizes the very essence of democratic government of the people, by the people, and for the people?

Mr. FULBRIGHT. The Senator is right. As we have noted before-and I know the Senator from Alabama has said it, because I have heard him say itone of the great merits of our system as it was originally conceived is the diversity which it allowed in the States. None of us knows the answer to all these questions. Here, in a sense, we have 50 different laboratories. Each of these States varies considerably from the other States, even in New England, which has a common heritage, and where the States have been very closely allied from the very beginning by race and culture.

Yet they have their differences; and we learn, if we have any sense at all, from the experiences in these different political laboratories. However, in my opinion, to try to make the laws uniform would be the height of stupidity.

Mr. HILL. Mr. President, will the Senator yield for another question?

Mr. FULBRIGHT. I yield for a question.

Mr. HILL. Is it not true that the States have their differences as to climate, differences as to natural resources, differences as to agriculture, differences as to industry, and differences as to economies?

Mr. FULBRIGHT. Absolutely.

Mr. HILL. Mr. President, will the Senator yield for another question?

Mr. FULBRIGHT. I yield.

Mr. HILL. Does not that raise different problems in the different States?

Mr. FULBRIGHT. Yes; those differences, and even greater differences, arose as the country developed. There were also differences in the human resources of the various States. As the Senator knows, the original States were settled to a great extent by Anglo-Saxons. In the latter part of the last century there was a wave of immigration from non-Anglo-Saxon countries. Those immigrants were fine people, but they had different traditions and different political experiences. They were subject to entirely different conditions, it strikes me, suitable to their own backgrounds. I think one of our mistakes domestically-and I have noticed that even in our foreign relations we tend to make the same mistake-is that we have the feeling that every other country ought to be made to conform to our model of democracy. That is a great mistake.

Many of our people have been extremely critical of other countries whose system of government varies slightly from our own. We have looked down our nose at various types of authoritarian governments and have called them dictatorships. Sometimes they were. Sometimes they merited criticism. But there was the implication of superiority; the idea that we had the answer to everybody's problems; that if everybody would do just as we do, everything would be fine. Of course, nothing could be further from the truth. There are diversities among nations just as there are among the States of our Union.

Mr. President, the passage of the proposed constitutional amendment will have a broader effect than the mere abolishment of the poll tax required in the five States that have been mentioned.

A. According to a recent Library of Congress study it would, in addition, have the following effects:

The proposed amendment would also nullify a permh : sive poll tax provision in Florida's con s titution, even though the legislature of this State has repealed the levy.

A provision in South Carolina's constitution permitting a person to qualify either through ownership of property or meeting the educational requirement would be nullified.

The proposed amendment would possibly require new legislation in certain New England States. The constitution of New Hampshire, article 28, states that a person excused from paying taxes at his own request is disqualified from voting. The proposed resolution would appear to nullify this provision.

I emphasize that this is a provision in the constitution of New Hampshire.

I continue to read from the study made by the Library of Congress:

In Maine, voting registers are made up in reliance on lists prepared by tax assessors. However, any eligible voter whose name did not appear in the tax list, thus transmitted, may be registered by applying in person to such boards.

In Massachusetts, a similar method is used to draw up the voting register, and the persons omitted must then show proof o! their qualifications to vote.

. In Vermont, payment . nt of poll taxes and old-age assistance taxes is a prerequisite to voting in town meetings (no . mention of general elections) . . · It is questionable whether the laws of Maine, Massachusetts, and Vermont would be affected by the proposed resolution.

In Rhode Island, constitutional and statutory provisions reducing the length of residence required for persons owning real estate would also be eliminated.

Several of the States have constitutional provisions disqualifying for voting "Indians not taxed" or "persons under guardianship." Indians have been granted citizenship by an act of Congress, and, though that does not grant them the right to vote, through State court decisions Indians are generally no longer disqualified from voting. Nevertheless, those provisions relating to "Indians not taxed" and such provisions relating to "persons under guardianship" when construed to mean "Indians not taxed" would violate the proposed amendment.

B. I can speak from personal · nal knowledge about the ramifications of abolishing the poll tax in my own State. It would not only deprive Arkansas of a substantial source of revenue for the public schools but it would abolish our registration system since the list of persons who have paid their poll tax serves as a registration list for the election officials.

Throughout this debate there have been no direct charges that the poll tax is used to discriminate against potential Negro voters. The Senator from Florida in his testimony before the Subcommittee on Constitutional Amendments last year in effect said that the poll tax is not a deterrent to voting in the poll tax States. He said:

It has been accorded far greater importance than it deserves. The fact of the matter is that the amount of poll tax now required to be paid in the several States is so small as to impose only a slight economic obstacle for any citizen who desires to qualify to cast a ballot. This requirement operates, of course, equally on citizens of all races and colors and is generally subject to important exemptions which limit its application, such as the exemption of veterans, women, and citizens beyond a certain age. Nevertheless, the question has remained a vexing one.

A. The poll tax requirements in the five States which require payment of this tax as a prerequisite to voting have been liberalized substantially in the last 20 years. I wish to review some of these changes for the information of the Senate.

However, before I do so, I should add that the difference between these five States-of which my own .State of Arkansas is one-and the situation in New England, which I have just described, concerning the prerequisites for voting, is largely one of form and not of substance, because, as a practical matter, under the enforcement provisions, in states like Maine and Vermont there is just as much pressure, if not more pressure, upon a person to pay the poll tax in order to vote at all as there is in my .State. This is largely . ely a play with words. I do not think there is much difference in substance.

I think it would be wise to place in the RECORD some of the provisions which are in effect at present in the five Southern States concerned, so that they may be compared with the requirements in the New England States. . As I said a moment ago, there is much in common among the various States. 1

I cite, first, .for example, the law as it existed with reference to the poll tax in Alabama in 1940. This · will indicate how these taxes have been liberalized. They are far more liberal . than some of those in the New England area:

ALABAMA

(Unless otherwise designated, references are to code of Alabama, 1940, recompiled 1958)

As the law existed in 1940, a poll tax payment of $1.50 was required of every person over the age of 21 years and under the age of 45 years, who was not exempted by law from paying same (title 51, se.c. 237; constitution, sec. 194).

Exemptions: The following persons were exempted from paying a poll tax:

1. All persons permanently and totally disabled from following any substantially gainful occupation with reasonable regularity, and whose taxable property does not ex­ . ceed $500 (title 51, sec. 238).

2. Veterans who served honorably in the military or naval service of the United States between January 1, 1917, . and November 11, 1918, from all poll taxes which have accrued or may hereafter accrue (title 51, sec. 238; amendment 14 to .constitution).

3. Every officer and enlisted man of the National Guard or Naval Militia of Alabama during his active membership and forever, after he has actively served an aggregate of 21 years (title 51, sec. 238; title 35, sec. Elections: To entitle a person, otherwise qualified, to vote at any election, he shall have paid on or before the 1st day of February next preceding the date of the election at which he offers to vote, all poll taxes due from him for the year 1901 and for each subsequent year (constitution. section 178) . Since the poll tax is $1.50 per year, a person who has not voted before and wished to vote in 1940 could conceivably have to pay a tax as high as $36 for 39 years would have elapsed since 1901 and in that period a person could have become 21 years old and already passed his 45th birthday. a period of 24 years. Of course $36 would be the maximum that could possibly be required of anyone. The fact remains, however, that anyone offering to vote at an election would have to make up his back poll tax of $1.50 for each year since he attained the age of 21 even though he had not voted before.

In 1944 the exemption of veterans from the poll tax requirement (of taxes which have accrued or may thereafter accrue) was extended to cover all persons who served honorably in the military · service of the United States at any time, past, present, or future, when the United States was, is, or shall be at war with a foreign state (amendment 49 to the .constitution).

In 1945, exemption "'from the poll tax requirement was extended to every officer and enlisted man of the Alabama State Guard during his active membership, and forever, after he has actively served an aggregate of 21 years (title 35, sec. 214).

In 1951, the exemption of veterans from the poll tax requirement (o! taxes which have accrued or may thereafter accrue) was extended to veterans · who served honorably in the military services of · the · United States when the United States is engaged in hostilities whether as . a result o! declared war or not (amendment 90 to the constitution). ·

In 1935, an amendment to the constitution was approved requiring, as a prerequisite !or voting, the payment of poll taxes for the 2 years preceding the election. Thus the maximum requirement _ at any election could only be $3 (amendment 96 to the constitution) . . _ ·

In other words, that · was a very important reduction, let us say, in the severity of the tax, in that thereafter it could not be accumulated for more than 2 years. I continue:

In 1954 a constitutional amendment exempted blind and deaf persons from the payment of poll taxes (amendment 109 to the constitution).

In 1960 as of today, $1.50 poll tax payment is required as a prerequisite for voting. The maximum such requirement, · including arrears, is-

As I have saida payment of $3. Exempted from payment of poll tax, including arrears, are all veterans who served honorably in the military service of the United States whenever the United States is engaged in hostilities whether as a result of declared war or not. Also exempted from payment of poll tax are blind and deaf persons, all persons per- . r­ manently and totally disabled from following any substantially gainful occupation and whose taxable property does not exceed $500, and every officer and enlisted man in the service of the National Guard, the naval militia, or the Alabama State Guard during his active membership, and forever, after he has actively served an aggregate of 21 years. So from this recitation, Mr. President, we see that progressively over the years between 1940 and 1960, there has been a great amelioration of what was never a very severe burden; and certainly it is now a very minor burden on anyone, and is much less than the actual poll taxes in several of the New England States to which I have referred.

Mr. HILL. Mr. President, will the Senator from Arkansas yield for a question?

The PRESIDING OFFICER (Mr. HICKEY in the chair). Does the Senator from Arkansas yield to the Senator from Alabama?

Mr. FULBRIGHT. I yield.

Mr. HILL. Did the Senator from Arkansas bring out the fact that in Alabama no person over 4'5 years of age · e has to pay a poll tax?

Mr. FULBRIGHT. Yes, I did. That is why I said the maximum which ever could have been due was $36; but today the maximum is '$3. So this change constitutes a very great liberalizationif one wishes to use that term in regard to it.

Insofar as the use of the word 4 'liberalization" is concerned, I am not sure that this change has made any great improvement, in terms of voting. · However, that is another matter. But from the point of view of those who object to po11 taxes, this change certainly constitutes a great liberalization.

Mr. HILL. Yes .

Mr. FULBRIGHT. Mr. President, let us consider the situation in my own State of Arkansas:

ARKANSAS

(Unless otherwise designated, references are to Arkansas Statutes 1947, Ann., 1956

' Replacement and to 1957 Supplement thereto)

As the " la.w .existed . ln 1940, :a poll tax payment of $1 was required of every person as a prerequisite for voting, except of those who reached the age of 21 after the period of assessment (constitution, art. 3, sec. 1; as amended by amendment No.8; Ark. Rev. Stats. sec. 3-103, since then repealed and superseded by sec. 3-104.2; sec. 3-123).

In 1941, a law was enacted prohibiting the collecting of penalties for delinquent poll tax assessments (sees. 3-110.3-111). In 1943 a law was enacted permitting men and women discharged from the armed services after the period for poll tax assessment has expired, to pay the $1 tax without the additional penalty (1957 Supp. sec. 3 - 113).

In 1944 Arkansas adopted a constitutional amendment permitting members of the armed services, if otherwise qualified, to vote sippi: in any election without having paid a poll tax (amendment No. 36 to the constitution).

In 1960, as the law exists today, a poll tax payment of $1 is required as a prerequisite for voting, but members of the Armed Forces of the United States, while in service, are exempted from this requirement. A person who has become 21 years old after the assessment may vote that year without paying the poll tax.

As I have stated before, it is not cumulative. If one has not paid his tax for 5 years, but still wishes to vote, he can do so after paying $1; and there is no law which provides for imprisonment because of failure to pay the tax-although imprisonment is provided for by law in some of the other cases I have mentioned, if one fails to pay the tax. So this matter in Arkansas is left to the choice of the citizens.

I submit that under this system there has been a very satisfactory participation, in my opinion, on the part of the people in my State in political activities. I would not wish to be personal about the matter; but I shall say that I do not see any great distinction or difference between the quality of the product under this system and the quality of the product under the systems in some of the States which do not have a poll tax. As a matter of fact, from the point of view of constituting a prerequisite for voting, the pressure-or the "penalties," if we wish to use that term-upon the people of Arkansas to pay this tax does not seem to me to be quite as great as is the pressure or the penalty in Maine in connection with the payment of the Maine poll tax, because in Arkansas one can obtain a driver's license or a hunting license even if he has not paid the $1 poll tax.

Mr. HILL. Mr. President, will the Senator from Arkansas yield again to

Mr. FULBRIGHT. I yield for a question.

Mr. HILL. Is it not true that today there are in the United States very, very few able-bodied adults who do not wish to have an automobile driver's license? In fact, is it not also true that under present economic conditions in the United States, today most adults feel it necessary to have a driver's license?

Mr. FULBRIGHT. Yes, indeed. Certainly, today in the United States there are very few adults who do not regard it as necessary to have an automobile driver's license. I would say that about the only persons who, today, in the United States do not have a driver's license are paupers. As I recall, the other day I read a statement to the effect that there are now approximately 60 million automobiles in the United States; and that means that almost every able-bodied adult in the United States is able to own an automobile.

Mr. HILL. Is it not also true that practically every family in the United States today has, at the very minimum, one automobile, and a very large percentage of the families in the United States today own two automobiles?

Mr. FULBRIGHT. Yes, that is quite correct.

Mr. President, I continue with Missis­

MISSISSIPPI

In 1940, as a prerequisite for voting, a person was required to pay on or before February 1 of that election year poll taxes due for the 2 preceding years (constitution sec. 241; code sec. 3160). The poll tax is $2 per year (constitution sec. 243).

Exempted from this poll tax requirement are persons over 60 years old, persons who are deaf, dumb, or blind, or who are maimed by loss of hand or foot (constitution sec. 243; code sec. 3163).

In 1944 Mississippi repealed the poll tax requirement for persons in the armed services, and allowed them to vote by absentee ballot, without payment of such poll tax (sec . 3196-07).

In 1952, a law was enacted permitting any stated: member of the Armed Forces or any honorably discharged member of the Armed Forces to vo t e at any election without payment of any poll taxes which they have not had the opportunity to pay (sec. 3163-02).

In 1960, today, the law is the same as it was in 1940 but includes the exemptions enacted in 1952.

TEXAS

As the law existed in 1940 and as it exists today, , the payment of a poll tax paid before February 1 of the year, is a prerequisite for voting ( const. art. 6, sec. 2; election code arts. 5 . 02, 5.09).

All officers and men of the active militia of the State are exempted from payment of this poll tax except the poll tax prescribed for support of public schools (annotated statutes, art. 5840).

The poll tax required is $1.75 of which $1 goes to the support of the schools (canst. art. 6, sec. 2, interpretive commentary).

Article 6, section 2a of the constitution was adopted in 1945 which waived the poll tax of any citizen of Texas who within 18 months prior to election has served in the Armed Forces (including the maritime service and merchant marine). It applied "during the time the United States is engaged in fighting a war or within 1 year after the close of the calendar year in which said war is terminated."

On November 2, 1954, article 6, section 2a, ab o ve, was repealed.

Exemptions

As the law read in 1951, the following persons were exempted from payment of poll t a x: Persons over 60 years old, Indians not taxed, persons insane, blind, deaf or dumb, those who have lost a hand or foot, those permanently disabled, and all disabled veterans of foreign wars, where such disability is 40 percent or more (election code 1952, art. Article 5.09 of the election code was amended, omitting deaf or dumb persons from the above exemption (election code, 1960 supp. art. 5.09) .

VIRGINIA

As the l a w provided in 1940, and as it is in effect tod a y, a person, as a prerequisite for voting shall pay, at least 6 months before election his State poll taxes assessed against him during the S years next preceding the year of the election at which he offers to vote (constitution, sec. 21; code of Virginia, 1958 supp., sees. 24-120).

Exempted from this requirement are persons who served in the Army or Navy of the United States or the Confederate States during the War Between the States, and the wife or widow of such person (constitution sec. 22), and those pensioned by the State for military services (constitution sec. 173) .

The amount of the tax is $1.50 per annum (code of 1950, sees. 58-49).

In 1944 Virginia created the armed services poll tax fund to be drawn upon for paying a poll tax for an individual in the armed services who applies for such payment at least 6 months before election. The act expired on July 1, 1946 (Laws, 1944, ch. 287).

So I would say it is quite clear, from this recitation, that the poll taxes in our Southern States have been very greatly liberalized in the last 20 years.

B. The Civil Rights Commission has apparently been unable to find any evidence that the poll tax is used as a device to prevent Negroes, or any one else for that matter, from voting. If the Civil Rights Commission was unable to find any evidence of discrimination due to existence of the poll tax requirement, I am sure that none exist. The Commission, in its recent report on voting, The absence of complaints to the Commission, actions by the Department of Justice, private litigation, or other indications of discrimination have led the Commission to conclude that, with the possible exception of a deterrent effect of the poll tax-which does not appear generally to be discriminatory upon the basis of race or color-Negroes now appear to encounter no significant racially motivated impediments to voting in 4 of the 12 Southern States: Arkansas, Oklah o ma, Texas, and Virginia.