February 2, 1960
State.
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Georgia ••••••••••••• 1777 21 6 months in State
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- 1777 Only one scan has this word: “1777” (main scan)
- 21 Only one scan has this word: “21” (main scan)
- 6 Only one scan has this word: “6” (main scan)
1789 21 6 months in county, zens and inhabitants of the State.
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- 1789 Only one scan has this word: “1789” (main scan)
- 21 Only one scan has this word: “21” (main scan)
- 6 Only one scan has this word: “6” (main scan)
1798 21
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- 1798 Only one scan has this word: “1798” (main scan)
- 21 Only one scan has this word: “21” (main scan)
Kentucky ••••••••••• 1792 21 -2 ·.ye~r~-iii-si~ie-oi i in county.
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- 1792 Only one scan has this word: “1792” (main scan)
- 21 Only one scan has this word: “21” (main scan)
- -2 Only one scan has this word: “-2” (main scan)
- ·.ye~r~-iii-si~ie-oi Only one scan has this word: “·.ye~r~-iii-si~ie-oi” (main scan)
1799 21 _____ do _____
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- 1799 Only one scan has this word: “1799” (main scan)
- 21 Only one scan has this word: “21” (main scan)
- _____ Only one scan has this word: “_____” (main scan)
- _____ Only one scan has this word: “_____” (main scan)
Tennessee ••••••••••• 1796 21 6 months in county_---- 1 In New Hampshire, Massachusetts, . Connecticut, and ury, most of the electors were church members.
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- 1796 Only one scan has this word: “1796” (main scan)
- 21 Only one scan has this word: “21” (main scan)
- 6 Only one scan has this word: “6” (main scan)
- county_---- Only one scan has this word: “county_----” (main scan)
- 1 Only one scan has this word: “1” (main scan)
- ury, Only one scan has this word: “ury,” (main scan)
2 Qualifications "as fixed by law"; see table below.
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- 2 Only one scan has this word: “2” (main scan)
State Dat e of l aw Age
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- Dat Only one scan has this word: “Dat” (main scan)
- aw Only one scan has this word: “aw” (main scan)
Massachusetts •••••••••• Mar. 1762 _______________ 23, 1786 ______ - ------ --- Rhode Island ••••••••••. 21 Connecticut _____________ 1715 __ - - - - --------- New York •••••••••••••. Mar. 27, 1778 ______ ---------- New Jersey ••••••••••••• Feb. 22, 1797 •••••• 21 Pennsylvania ••••••••••. Feb. 15, 1799. _____ 21
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- 1762 Only one scan has this word: “1762” (main scan)
- _______________ Only one scan has this word: “_______________” (main scan)
- 23, Only one scan has this word: “23,” (main scan)
- 1786 Only one scan has this word: “1786” (main scan)
- ______ Only one scan has this word: “______” (main scan)
- 21 Only one scan has this word: “21” (main scan)
- _____________ Only one scan has this word: “_____________” (main scan)
- 1715 Only one scan has this word: “1715” (main scan)
- __ Only one scan has this word: “__” (main scan)
- 27, Only one scan has this word: “27,” (main scan)
- 1778 Only one scan has this word: “1778” (main scan)
- ______ Only one scan has this word: “______” (main scan)
- 22, Only one scan has this word: “22,” (main scan)
- 1797 Only one scan has this word: “1797” (main scan)
- 21 Only one scan has this word: “21” (main scan)
- 15, Only one scan has this word: “15,” (main scan)
- 1799. Only one scan has this word: “1799.” (main scan)
- _____ Only one scan has this word: “_____” (main scan)
- 21 Only one scan has this word: “21” (main scan)
{October 1785. _____
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- {October Only one scan has this word: “{October” (main scan)
- 1785. Only one scan has this word: “1785.” (main scan)
- _____ Only one scan has this word: “_____” (main scan)
Maryland ••••••••••••••. Dec. 31, 1796 ______ }------~-- Virginia ••••••••••••••••• Law of 1762-69 •••• ---------- Do ______ ------------ Law of 1781. •••••• ---------- South Carolina •••••••••• Oct. 7, 1759 • ••••••. ---------- "Neither by the Constitution nor the law were free Negroes (males) denied the right to vote in New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New . Jersey, Pennsylvania, or Tennessee. There is evidence that they voted in New Jersey from 1776 to 1807 (see act of November 16, 1807, limiting the right to vote to free white male citizens); in New York (acts of March 27, 1778; April 11, 1815; April 19, 1822); in Pennsylvania under constitution of 1776 (see debate on inserting the word "white," as descriptive of the elector, in the report of the Constitutional COnvention of 1838): in North Carolina (see debate on "abrogating the right of free persons of color to vote," under Constitution of 1776, in debates of the Constitutional COnvention of 1835) : in Tennessee, from 1776 to 1834 (see "Caldwell's Constitutional History the American People, 1776-1850,' by Francis Newton Thorpe of electors prescribed by the constitutions,
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- 31, Only one scan has this word: “31,” (main scan)
- 1796 Only one scan has this word: “1796” (main scan)
- ______ Only one scan has this word: “______” (main scan)
- }------~-- Only one scan has this word: “}------~--” (main scan)
- 1762-69 Only one scan has this word: “1762-69” (main scan)
- ______ Only one scan has this word: “______” (main scan)
- 1781. Only one scan has this word: “1781.” (main scan)
- 7, Only one scan has this word: “7,” (main scan)
- 1759 Only one scan has this word: “1759” (main scan)
- 1776-1850,' Only one scan has this word: “1776-1850,'” (main scan)
- constitutions, The scans read: “naturalization” (microfilm scan), “constitutions,” (main scan)
Properl7 Taxation
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- Properl7 Only one scan has this word: “Properl7” (main scan)
Having town privileges, Poll tax...............
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- tax............... Only one scan has this word: “tax...............” (main scan)
freehold .
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Freehold ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Freehold of annual in- ---·----------·-~------- come of £3, or estate of
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- ---·----------·-~------- Only one scan has this word: “---·----------·-~-------” (main scan)
- come The scans read: “men.” (microfilm scan), “come” (main scan)
- £3, Only one scan has this word: “£3,” (main scan)
Freehold of £20 or pay Taxpayer, or freeman ing rent of 40s. Free of Albany or New bold of £100 to vote York City. · for State senator.
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- £20 Only one scan has this word: “£20” (main scan)
- 40s. Only one scan has this word: “40s.” (main scan)
- £100 Only one scan has this word: “£100” (main scan)
Estate of £50 •••••••••••• --·········-···-·····--- ···-··-----------·-·--··-- Taxpayer_.----------- ~ --·········-············· State or county tax :::::::::::::::::::::::::: ·siai{ior-oowii'Yiax·.:::
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- £50 Only one scan has this word: “£50” (main scan)
- Taxpayer_.----------- Only one scan has this word: “Taxpayer_.-----------” (main scan)
- ~ Only one scan has this word: “~” (main scan)
- :::::::::::::::::::::::::: Only one scan has this word: “::::::::::::::::::::::::::” (main scan)
- ·siai{ior-oowii'Yiax·.::: Only one scan has this word: “·siai{ior-oowii'Yiax·.:::” (main scan)
Freehold of 50 acres or ---·--····-------------- property of £30.
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- 50 Only one scan has this word: “50” (main scan)
- £30. Only one scan has this word: “£30.” (main scan)
-F'reeiioici-iDcoWiiY."c>is<> -i>aid-pul:iuc·t-aiii;·--- acres for 6 months be- may vote for memfore election may vote ber of H. C.
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- -F'reeiioici-iDcoWiiY."c>is<> Only one scan has this word: “-F'reeiioici-iDcoWiiY."c>is<>” (main scan)
- -i>aid-pul:iuc·t-aiii;·--- Only one scan has this word: “-i>aid-pul:iuc·t-aiii;·---” (main scan)
- 6 Only one scan has this word: “6” (main scan)
- memfore Only one scan has this word: “memfore” (main scan)
for State senator.
Read from OCR scans of the printed page (p. 1723). View the page image
Freehold of 50 acres or -·-·················-·-- town lot or paid taxes equal to tax on 50 acres.
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- 50 Only one scan has this word: “50” (main scan)
- 50 Only one scan has this word: “50” (main scan)
the Same as in 1778.......... If not freeholder, bas paid tax of 3s. sterling.
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- 1778.......... Only one scan has this word: “1778..........” (main scan)
- bas Only one scan has this word: “bas” (main scan)
- 3s. Only one scan has this word: “3s.” (main scan)
Property of £10 or being of a mechanic trade or a taxpayer. citi- -- ----------·-············ ---·····-··············- Freehold •••••••••••••••• ------------------------ Vermont in the 18th cen "The qualifications of electors as prescribed by law Requirements Freeholders who pay 1 single tax, besides the poll, a sum Inhabitants. £40 in realty, or 40s. per annum rent, or eldest 21 Realty-40s. per annum, or £40 in personal estate. Every mortg ag or or mortgagee in possession, and every voce for senators and assemblymen; by ballot for governor Free inhabitants having £50 property, and 12 months in the voted. . Citizen of State 2 years, paying State or county tax 6 months
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- £10 Only one scan has this word: “£10” (main scan)
- citi- Only one scan has this word: “citi-” (main scan)
- 18th Only one scan has this word: “18th” (main scan)
- cen Only one scan has this word: “cen” (main scan)
- 1 Only one scan has this word: “1” (main scan)
- £40 Only one scan has this word: “£40” (main scan)
- 40s. Only one scan has this word: “40s.” (main scan)
- 21 Only one scan has this word: “21” (main scan)
- Realty-40s. Only one scan has this word: “Realty-40s.” (main scan)
- £40 Only one scan has this word: “£40” (main scan)
- mortg Only one scan has this word: “mortg” (main scan)
- ag Only one scan has this word: “ag” (main scan)
- £50 Only one scan has this word: “£50” (main scan)
- 12 Only one scan has this word: “12” (main scan)
- 2 Only one scan has this word: “2” (main scan)
- 6 Only one scan has this word: “6” (main scan)
21, without payment of the tax.
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- 21, Only one scan has this word: “21,” (main scan)
Free Negroes not to be electors. FreeN egroes and women not to be electors; an elect or a having thereon a bouse 12 by 12. Elector voted in the
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- FreeN Only one scan has this word: “FreeN” (main scan)
- egroes Only one scan has this word: “egroes” (main scan)
- bouse Only one scan has this word: “bouse” (main scan)
- 12 Only one scan has this word: “12” (main scan)
- 12. Only one scan has this word: “12.” (main scan)
2 counties.
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- 2 Only one scan has this word: “2” (main scan)
Poll tax-~ bushel wheat, or 5 pecks oats, or 2 pounds sound Elector-free white man possessing settled freehold estate, of lOs. and of Tennessee," p. 93, and compare the qualifications of the elector under the two constitutions). In New England, if the town meeting admitted the free Negro to a citizen's rights, he could vote. Public opinion in Rhode Island refused him admittance (see Constitutional Convention, 1818, art. VI, sec. 2; and of Rhode Island, 1842, art. II, sees. 1 and 2). It was not an established right in law, in 1842, that a person having African blood in his veins could be a citizen of the United States; he could n.ot become such by naturalization, as the law restricted naturalization to white men. Free persons of color 1 were denied the sIn New Jersey the right was taken away from them, from aliens, and from females- inhabitants-by the constitution of 1776, by
Read from OCR scans of the printed page (p. 1723). View the page image
- tax-~ Only one scan has this word: “tax-~” (main scan)
- 5 Only one scan has this word: “5” (main scan)
- 2 Only one scan has this word: “2” (main scan)
- Elector-free Only one scan has this word: “Elector-free” (main scan)
- 93, Only one scan has this word: “93,” (main scan)
- 1818, Only one scan has this word: “1818,” (main scan)
- 2; Only one scan has this word: “2;” (main scan)
- 1842, Only one scan has this word: “1842,” (main scan)
- 1 Only one scan has this word: “1” (main scan)
- 2). Only one scan has this word: “2).” (main scan)
- 1842, Only one scan has this word: “1842,” (main scan)
- 1 Only one scan has this word: “1” (main scan)
- inhabitants-by Only one scan has this word: “inhabitants-by” (main scan)
- 1776, Only one scan has this word: “1776,” (main scan)
(Harper Bros., New York), vol. I, pp. 93-971:) 1776-1800
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- Bros., Only one scan has this word: “Bros.,” (main scan)
- 93-971:) Only one scan has this word: “93-971:)” (main scan)
- 1776-1800 Only one scan has this word: “1776-1800” (main scan)
Religiont Sex Race Native or naturalized •••••••••••••••••••• Male •••••••••••••••• -·······-··-·······- ••• do..... •••••••••••• Foreigner after 1 year's residence.
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- Religiont Only one scan has this word: “Religiont” (main scan)
- do..... Only one scan has this word: “do.....” (main scan)
- 1 Only one scan has this word: “1” (main scan)
do ••••••••••••••••• Do.
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do ••••• ------------ Do.
Read from OCR scans of the printed page (p. 1723). View the page image
•••••••••••••••••••• Male or White or female. black.
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----······----···--- Male ____ -·-·-------- :::::::::::::::::::: -};{aie~::: ·wiiiia::::
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- ____ Only one scan has this word: “____” (main scan)
- :::::::::::::::::::: Only one scan has this word: “::::::::::::::::::::” (main scan)
- -};{aie~::: Only one scan has this word: “-};{aie~:::” (main scan)
- ·wiiiia:::: Only one scan has this word: “·wiiiia::::” (main scan)
Acknowledges the Male.... White ••••• being of a God and a future state of rewards and punishments. --···········------- ••• do •••••••• do ••••••• :::::::::::::::::::: -:M:"aia:::: :::::::::::: -------------------- ___ do..... White ••••• -------------------- .•• do _____ ------------ equal to ~ of a single poll tax.
Read from OCR scans of the printed page (p. 1723). View the page image
- Male.... Only one scan has this word: “Male....” (main scan)
- :::::::::::::::::::: Only one scan has this word: “::::::::::::::::::::” (main scan)
- -:M:"aia:::: Only one scan has this word: “-:M:"aia::::” (main scan)
- :::::::::::: Only one scan has this word: “::::::::::::” (main scan)
- ___ Only one scan has this word: “___” (main scan)
- do..... Only one scan has this word: “do.....” (main scan)
- _____ Only one scan has this word: “_____” (main scan)
- ~ Only one scan has this word: “~” (main scan)
son of freeholder.
Read from OCR scans of the printed page (p. 1723). View the page image
person possessed of a freehold in right of his wife, vote viva and lieutenant governor. county. Women, aliens, and free Negroes, thus qualified, before the election; sons of electors vote "on age"; i.e., at freeman having 500 acres of land unsettled, or 25 acres settled, county in which the greater part of his land lay, if it lay in bacon. R epea led Novembe~ 1781, and made ~Os. or 100 acres unsettled, or £60 1n houses, or paymg a tax right to vote in New Jersey, by act of assembly, in 1807; in Tennessee, by the constitution of 1834; in North Carolina, by constitutional amendment, in 1835; in Pennsylvania, by the constitution of 1838. Thus, of the States that originally allowed them the act of assembly, Nov. 16, 1807. See debate on "abrogating the right of free persons of color to vote"; proceedings and debates of the convention of North Carolina called to amend the constitution of the State, which assembled at Raleigh, June 4, 1835, to which are subjoined the Convention Act, the amendments to the constitution, together with the votes of the people. Raleigh, 1836, pages 351 p. et seq. See also Curtis' dissenting opinion, Scott v. Sanford, 19 Howard, 393. There is no evidence that free peu;ons of color voted in colonial times. right, New Hampshire, Vermont, Massachusetts, and New York never withdrew it.
Read from OCR scans of the printed page (p. 1723–1724). View the page image
- i.e., Only one scan has this word: “i.e.,” (main scan)
- 500 Only one scan has this word: “500” (main scan)
- 25 Only one scan has this word: “25” (main scan)
- epea Only one scan has this word: “epea” (main scan)
- Novembe~ Only one scan has this word: “Novembe~” (main scan)
- 1781, Only one scan has this word: “1781,” (main scan)
- ~Os. Only one scan has this word: “~Os.” (main scan)
- 100 Only one scan has this word: “100” (main scan)
- £60 Only one scan has this word: “£60” (main scan)
- 1n Only one scan has this word: “1n” (main scan)
- paymg Only one scan has this word: “paymg” (main scan)
- 1807; Only one scan has this word: “1807;” (main scan)
- 1834; Only one scan has this word: “1834;” (main scan)
- 1835; Only one scan has this word: “1835;” (main scan)
- 1838. Only one scan has this word: “1838.” (main scan)
- 16, Only one scan has this word: “16,” (main scan)
- 1807. Only one scan has this word: “1807.” (main scan)
- Raleigh, Only one scan has this word: “Raleigh,” (main scan)
- 4, Only one scan has this word: “4,” (main scan)
- 1835, Only one scan has this word: “1835,” (main scan)
- Raleigh, Only one scan has this word: “Raleigh,” (main scan)
- 1836, Only one scan has this word: “1836,” (main scan)
- 351 Only one scan has this word: “351” (main scan)
- Sanford, Only one scan has this word: “Sanford,” (main scan)
- 19 Only one scan has this word: “19” (main scan)
- 393. Only one scan has this word: “393.” (main scan)
- peu;ons Only one scan has this word: “peu;ons” (main scan)
"Indians-Person of mixed white and Indian blood who has adopted the customs and thathaQits of civ111zation; or
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- "Indians-Person Only one scan has this word: “"Indians-Person” (main scan)
- thathaQits Only one scan has this word: “thathaQits” (main scan)
- civ111zation; Only one scan has this word: “civ111zation;” (main scan)
"Person of Indian blood residing in State who has adopted the language, customs, and habits of civilization after an examination before any district court of the State in such manner as may be provided by law and shall have been pronounced by said court capable of enjoying the rights of citizenship within the State."
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The · state of . Texas disqualifies for voting "soldiers, marines-, and -seamen while em- · ployed in the regular service of the Army or Navy of the United States."
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- em- Only one scan has this word: “em-” (main scan)
Mr. President, I want it clearly understood as I go into this subject that I am not trying to pass any judgments on the wisdom or justice of the laws of any State of this Union, save my own, insofar as voting qual• lfications are concerned : The setting of · these qualifications and requirements is pe- . culiarly within - the constitutional rights aad · · privileges of the States themselves. Hovv: ever, the avowed purpm~e of the proposed constitutional amendment is to throw stones at the State of Mississippi. So as a purely academic . exercise I am going to take this . occasion to comment on the voting requirements of some of the States and put these requirements in juxtaposition with those of other States.
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- qual• Only one scan has this word: “qual•” (main scan)
- lfications Only one scan has this word: “lfications” (main scan)
- pe- Only one scan has this word: “pe-” (main scan)
- culiarly Only one scan has this word: “culiarly” (main scan)
- aad Only one scan has this word: “aad” (main scan)
- Hovv: Only one scan has this word: “Hovv:” (main scan)
- purpm~e Only one scan has this word: “purpm~e” (main scan)
The so-called literacy requirement of New York State is couched - in this language: · "Unless he became entitled to vote prior to January 1, 1922, must, in addition to above qualifications, be able to read and write English unless prevented by physical incapacity." · · ·
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New York probably has more U.S. citizens who read and write a language other than English than any other State in this Union. · It even publishes many .newspapers in foreign languages so that these citizens and aliens residing there, these non-Englishspeaking people, can be kept informed and conversant with the affairs of this country. Regardless of the degree of literacy of this class of New Yorkers, mastery of English is . an absolute necessity to qualify to vote either in National; State, or local elections. Louisiana is another State that has long had many fine, outstanding, highly literate, native or foreign-born non-English-speaking citizens. Thus the literacy requirements of this State are contained in these · terms:
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"Shall be able to · read and write and, unless physically disabled, shall fill out his application for registration in writing in English, or in his mother tongue and · shall sign his name. If he cannot write English, he may write it in his mother tongue from the dictation of an interpreter. If he is unable to sign his name, he may make his mark authenticated by the registrar who shall then read the application to him through an interpreter.
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"Applicant shall also be able to read any clause in the constitution of Louisiana or of the United States and give a reasonable interpretation thereof. Interpretation only, without reading, held sufficient if applicant otherwise qualified for registration.
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"Whenever an applicant for registration is unable to write his application because of inability to write English but can write only some other language and is not illiterate, he may sign his name to, or make his mark 1n the presence of two · witness on, an affidavit stating this. He must in such case bring with him two qualified electors of his precinct to sign written affidavits attesting the truth of the facts set out in the application and accompanying affidavit. . It shall be a violation of this law for any elector to sign the affidavit to the application of more than two :persons in any 2-year period."
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- 1n The scans read: “in” (microfilm scan), “1n” (main scan)
In New Mexico, literacy is not required as a condition to voting and the constitution further provides in regard to this subject "The right of any citizen to vote shall never be restricted, abridged, or impaired on account of religion, race, language or color, inability to speak, read, or write English or Spanish languages except as may be otherwise provided in the constitution; and the provisions of this section and of -section 1 of this article (qualification of voters) shall never be amended except upon a vote of the people of this State at an election at which at least three-fourths of the electors voting in the whole State, and at least two-thirds of those voting in each county of the State. shall vote for such amendment."
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New Mexico had a further provision in its constitution wherein it disqualified for voting "Indians not taxed." This condition was declared unconstitutional in 1948.
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Next door to New Mexico, Arizona requires as a prerequisite to voting:
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"Unless physically disabled, must be able to read the Constitution of the United States in English and to write his name."
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J:'low, on the other side of New Mexico, Texas has no literacy requirement whatsoever. All that is required as a qualification for voting is · that one be a citizen of the United States, 21 years of age, 1 year residence in the State, and 6 months in county next preceding. Texas has another substantial difference in its voting requirements from those of most of the other Statesregistration is not required. I want to call what I am now saying to the particular attention of my two colleagues from that great State, who, incidentally, are both cosponsors of the Holland amendment. We all love them and know they want to stay in the Senate. But if this amendment is adopted and applied to the 1960 elections, with the law of Texas as it now is, the people of the great State are going to be denied the right to participate in the election of electors for President and Vice President, and when the 87th Congress convenes, not only Texas, but the entire United States would mourn the absence in Congress of our majority leader, the Speaker of the House of Representatives, and the entire Texas delegation. The whole weight of congressional representation for the entire State of Texas will rest solely and alone on the shoulders of the junior Senator from that State. Let me read to you what the election laws of the State of Texas provide:
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- J:'low, The scans read: “Now,” (microfilm scan), “J:'low,” (main scan)
"Poll tax: Must have paid his poll tax before February 1, before election, or if exempt from poll tax, must procure a certificate showing his exemption.
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"Registration: Registration is not repaired. The lists of citizens who have paid their poll tax serve as a registration list. The certified list for each . precinct of qualified voters who have paid their poll tax shall contain the following information about each person: (1) Number, (2) name, (3) precinct, (4) age, (5) length of residence, (6) occupation, (7) race, (8) length of residence in city and ward, (9) street and number of residence, and (10) post · office address.
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"Poll tax receipt: Each poll tax receipt shall show: (1) Name, (2) payment of tax, tions. (3) age, (4) race, (5) length of residence in State, (6) citizenship, whether native or naturalized, (7) place of birth, (8) length of residence in county, (9) voting precinct, (10) occupation, (11) post office address." Thus, in Texas the entire method of quau~ fication and the machinery of voting and holding an election is based squarely, solely, and alone on the payment of poll tax. Without the payment of the poll tax or exemption therefrom under Texas law, there is no way for an election official to tell who is, or who might be, qualified to vote in any election. State elections could be held as usual. But how could you hold a national election when payment of the poll tax is the sole criteria for determining whether an individual is registered and · qualified to vote? · I am certain that Texas can solve this problem. But this points out how ridiculous it is to resort to a constitutional amendment to tamper with · matters that have been within the exclusive province of the States. California, another State which has a possible problem of U.S. citizens who cannot speak or read the English language, also has a literacy test. It provides:
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- quau~ The scans read: “quali-” (microfilm scan), “quau~” (main scan)
"Must be able to read the Constitution in English and to write his name unless physically disabled or unless an elector or over 60 years old on October lO, 1911."
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The 1950 census listed the white population of Alaska at 92,876 persons and the aboriginal stock at 33,853. The aboriginal stock is said to be composed of Aleuts, Eskimos, and Indians. I do not know what language these aborigines may speak, read, or write. But if any of them do vote they had to meet this literacy test: -
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"He shall be able to read the U.S. Constitution in English and to write in the English language, unless he is prevented from complying with this requirement because of physical disability only, or unless he has legally voted · at the general election of No· vember 4, 1924."
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Our last State, Hawaii, has a somewhat · different literacy requirement from Alaska insofar as voting requirements are concerned. It takes into consideration the descendants from the original native stock. The State constitution of Hawaii provides: "No person shall be qualified to vote unless he is also able, except for physical disability, to speak, read, and write the English or Hawaiian language.”
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Mr. President, this review shows how States, far removed from each - other geographically, or adjacent, have varied requirements, or make literacy or language no requirement, for suffrage. I yield to no one in asserting the right of the State to adopt the course of action, or the requirement, or the lack of requirement, as it chooses. · But fundamentally, the small matter of whether a $2 poll tax is required as a prerequisite to voting in Mississippi pales into insignificance when one considers the differences that must necessarily exist in applying these various literary tests, or lack of them, to the people of the several States involved.
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Mr. President, as I have stated before, voting requirement laws of the 49 States other than my own are of no legitimate concern to me as a U.S. Senator, or as a resident of the State of Mississippi. I am forced to consider them because this presently pending amendment is aimed squarely at my State and its existing laws. Not having lived in the State of New York, it is understandable that I cannot appreciate the situation or condition that requires the legislature · of that State to enact laws in the '• form that they now appear on the statute books. As a lawyer and an individual, it is hard for me to conceive or imagine the relevancy of the questions a prospective voter is forced to answer on the mandatory registration form as related to the voter qualifications. the literacy requirement, which has been previously discussed, a. voter must be 21 years of age on election day, must be a U.S. citiZen at least . 90 days prior to election, and must . meet residence requirements of 1 year in the State, 4 months in county, city, or village, and 30 days in election district next preceding the . election.
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- · The scans read: “islature” (microfilm scan), “·” (main scan)
Question No. 1 on the registration form is, Has voter previously voted at a general election? This question is irrelevant for any purpose other than to trap the voter in an untruth. If he is qualified, what difference does it make whether he . voted previously at a general election in New York State or not? Of course, this does not give to those who have access to the registration books a line on the individual; information that might be of great value to some people at some time for purposes far removed from voter qualifications .
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Question No. 2 is enrollment number for party affiliation. I do not pretend to understand the reason for this question. I understand, at least as far as Senators and the high State offices are concerned, that party nominees are selected by conventions. If th i s is true, and one is qualified to vote, what possible relationship can party membership have to the casting of a secret ballot in a general election? Or, can an individual independent of any and all parties vote in a general election?
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- th i The scans read: “this” (microfilm scan), “th i” (main scan)
Question No. 3 is sex. Why ask this? Does the fact that one is a male or a female have anything to do with voting or registration qualifications in New York State? Of course, this does constitute another little tidbit of valuable information for a dossier. t Question No. 4 is name of political party with which voter enrolls. This question might be even considered unconstitutional were it not for the fact that the State or" New York has the sole and only power to determine the qualifications of its electors in both State and National elections. But even aside from this, it is difficult to see what remote relationship the question could have to casting a vote in a general election.
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- might The scans read: “t” (microfilm scan), “might” (main scan)
- or" The scans read: “of” (microfilm scan), “or"” (main scan)
Question No. 5 is address. This is a legitimate and necessary question.
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Question No.6 is name. This is most necessary and legitimate, but why should it be No. 6 instead of No. 1? ·
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Question No. 7 is age. This is also necessary and legitimate.
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Question No.8 is marital status. Why this question? What does it have to do with voter qualification? But this is a necessary element to fill out the dossier.
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- No.8 The scans read: “No.” (microfilm scan), “No.8” (main scan)
Question No. 9 is term of residence. This is necessary and legitimate .
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Question No. 10 . is country of nativity. This language is awkward, but literate, English-speaking persons should understand it. However, it is just another expression to ask the simple question, "Where were you born?" and as such it is legitimate though not necessarily necessary to establishing the voting qualifications. Not one of the questions ask, "Are you a citizen of the United States?"
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Question No. 11 is "If naturalized, how, when, and where?" This is most necessary and proper.
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But Question No. 12 is "name of landlord." The address was given in No. 5 . But now the question is not "Where do you live?" but "Who is your landlord?" This vital information has nothing to do with voting qualifications, but it is important information. If you own your own home you have to admit that you are your own landlord. If you rent, lease, or even live in a hotel, someone is going to have access to information and the actual name of a person who knows something about the personal and private life of the voter. The dossier is filling out. Question No. 13 is year when voter last registered, name of St a te and city or town. Question No. 14 address from which voter last registered or voted, and
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- St a The scans read: “State” (microfilm scan), “St a” (main scan)
- te Only one scan has this word: “te” (main scan)
Question No. 15 is name and address of business or place of employment.
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These three questions fill out the past and close out the present. If you would just add the fingerprints and a picture, the New York police force and the Federal Bureau of Investigation would have it completely made. A full and complete dossier on every qualified voter in the entire State of New York. I am one of those who is willing to grant to the State of New York and admit that it does have the right and power to requ i re of its citizens any kind and character of information from them that it chooses. But why try to cover up and obtain the information circumspectly through a so-called "Voter Registration Application"? Why not declare just a general registration day, or week, or month, every year or so and require every person above the age of 16 living in New York State to come in and give this information, adding to it the fingerprints and picture. Could you think of a greater determent to crime in the city of New York? But I would guess that most of the crimes now committed in New York are by those who are not on the voter registration list, and leaving them out makes the job of crime detection just that much more difficult for the police.
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- requ i The scans read: “require” (microfilm scan), “requ i” (main scan)
- re The scans read: “RECORD” (microfilm scan), “re” (main scan)
Six of the 15 registration questions are necessary to determine whether the voter meets the standard of qualifications set by the New York law. Two additional ones relate to party affiliations , the purpose of which these questions serve being unknown to me. The balance roam the past and present, filling in the details that give anyone having access to the books a complete and intimate picture of the individual: Whether he or she is married or single; where he lived in the past and where he voted in the past; whether he is a property owner or a tenant and i . f he is a tenant the name of his landlord ; whether he is self-employed, and if he is the name and address of his business, or, if he works for somebody else, where he works and the name of his employer. To me, it is a shocking thing that a privilege as sacred as the right of State suffrage should be so - debased as to make it an instrument to pry into the private and personal lives of the citizens. Dossiers are the foundations upon which police states are erected.
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- i The scans read: “if” (microfilm scan), “i” (main scan)
- landlord The scans read: “land-” (microfilm scan), “landlord” (main scan)
- ; The scans read: “lord;” (microfilm scan), “;” (main scan)
Knowing that · there were other States that had concentrated population problems such as New York, I was most curious to see it they a.dopted a similar course in questionnaireing those who sought to vote. I turned first to Illinois, because Chicago has problems very comparable to those in New York City. Here are the questions asked by a registrar in Illinois: (1) Name and sex; (2) address; (3) residence, term of; (4) nativity; (5) citizenship, how acquired; (6) age at next election; (7) physical disability, if any; and (8) county and State in which he was last registered.
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- it The scans read: “if” (microfilm scan), “it” (main scan)
These are short, pertinent, and adequate to furnish every iota of information needed to qualify without one question that pries into the private or personal, or business life or activity, of the applicant for registration. Now, let us turn to Pennsylvania. I might add here that neither Pennsylvania nor Illinois has a literacy requirement. Both ot these States, in contrast to New York's strict English language literacy standard, permit even those who cannot sign their names to register by making their X. Pennsylvania required the following questions to be answered in the registration application: (1) Name; (2) occupation; (3) address; (4) term of residence; ( 5) prior registration (date and address); (6) sex; (7) color; (8) place of birth; (9) if naturalized, how, when, and where; (10) whether he is entitled to receive assistance in voting because, by reason of illiteracy, he is unable to read the name on the ballot or the voting machine labels; ( 11) party affiliation; (12) height; (13) color of hair; (14) color of eyes; (15) date of birth, or statement that he has attained majority (if date of birth is not material for naturalization through parent); and (16) if naturalization is through marriage, date of marriage.
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- ot The scans read: “of” (microfilm scan), “ot” (main scan)
Pennsylvania has more questions bynumber than does New York. But not one of them deviates from information that strictly relates to the voting qualifications se t by t he law.
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- bynumber Only one scan has this word: “bynumber” (main scan)
To make this comparison, or rather contrast, completely fair, we will take another State blessed, or affiicted, with concentrated population problems. California requires answers to the following questions in its registration application: (1) Date of prior registration; (2) name; (3) address; (4) height; (5) place of birth; (6) method of requiring citizenship if not native born; · (7) that he can read the Constitution in English and can write his name, or was an elector or over 60 years of age on October 10, 1911, or that he is physically disabled and cannot mark the ballot; (8) party affiliation. Applicant may decline to state this but will then be ineligible to vote in primary; and (9) that he is not disqualified by reason of a felony conviction.
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- affiicted, The scans read: “afflicted,” (microfilm scan), “affiicted,” (main scan)
No comment need be made on the char- . acter of these questions. They cover the · subject and stay on the subject. As between the great city States, the questions on the New York State registration application stand out like a sore thumb. Regard- · less of how law abiding or conscious free an individual may be in the State of New York, I venture that the vast majority of the there registered voters would much prefer to pay a $1 or $2 capitation tax as a prerequisite to voting than to be forced . to lay bear to the State their private and personal lives as is now required in the registration form. And think of those poor people in rural districts in New York State. I did not mention them before and they are grossly discriminated against. As I read the digest of . the New York Statutes, they are forced to come in and register before every general election. Only in the great cities do they have what is called permanent registration. One more point before I leave this New York registration discussion. If I lived in New York and wanted to be as independent as a "hog • on ice" insofar as party affiliation is concerned, why could I not be treated there in the same manner that California treats its independents? Just bar me from a primary and let me vote in a general election for the candidate of my choice. It is impossible to determine from the application form in New York, but if it is to be taken literally, a nonparty member is actually disenfranchised from voting in a general election, or even from registration for that matter, because he cannot properly answer · the · questions in the registration form.
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- and The scans read: “end” (microfilm scan), “and” (main scan)
Mr. President, several of the States require some form of loyalty oath as a prerequisite to the exercise of suffrage. These oaths are interesting and varied in their content and I would like at this time to review some, or all, of them.
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In Vermont, in order to be qualified to vote, a person must take the freeman's oath by which he solemnly swears or affirms that whenever he will give his vote or suffrage touching any matter that concerns the State of Vermont he will do it as, in his conscience, he shall judge will be for the best interests of the same · as established by the Constitution without fear or favor of any person. This oath, which evidently antedates the adoption of the U.S. Constitution, does not ev:en recognize the existence of the United · States. Yet the qualification of Vermont electors to vote for national officers is based squarely upon it.
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Alabama, on the other hand, requires an oath as a prerequisite to suffrage to defend the Constitution of the United States and of Alabama, and a statement disavowing belief in or affiliation at any time with any group which advocates the overthrow of the Federal or State Government by unlawful means.
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In Connecticut, an applicant for registration swears that he will be true and faith- · ful to the State of Connecticut and its constitution and government , and to the Constitution of the United States; and that whenever he shall be called to give his vote on any matter concerning the State or the United States, he will give It as he shal.l judge will conduce to the best good of same without respect of per~ons or favor of any Florida provides that an applicant for registration must swear or affirm that he will protect and defend the Constitution of the United States and of Florida and that he has the required age, residence, citizenship, and other qualifications for voting.
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- registration The scans read: “tion” (microfilm scan), “registration” (main scan)
- per~ons Only one scan has this word: “per~ons” (main scan)
- Florida The scans read: “Plorida” (microfilm scan), “Florida” (main scan)
Idaho has an electors oath, where certain requested information must be given under oath, and a loyalty oath that the applicant regards the Constitution of the United States and of Idaho as interpreted by the courts as the supreme law of the land.
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This Idaho oath would frighten the citizens of my State no end with its mention of court decisions in the same breath with that of the Constitution of the State of Idaho and the United States. But while many might challenge the phraseology of the oath, none should deny the State the power and right to prescribe whatever oath it pleases. Mississippi also has a loyalty oath and it provides that affiant will faithfully support the Constitution of the United States and the State of Mississippi, and will bear faith and allegiance to the same.
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In North Carolina an applicant for registration must swear that he will support the Constitution of the United States, and the constitution of the State of North Carolina not inconsistent therewith.
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This completes the list of loyalty oaths required by the various States as a prerequisite to voting in a State or national election.
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Mr. President; a total of 23 States have literacy requirements as a prerequisite to the right of franchise in one form or another. Previously I have discussed the literacy requirements contained in the voter qualifications for the States of New York, Louisiana, Arizona, California, Alaska, and Hawaii. · That discussion was directed primarily to whether the literacy qualifications required the use of the English language or whether mother tongues or other languages were permitted to be substituted for English. It is my present purpose to go one step further and discuss literacy in more general . terms: The degree of literacy required ranges from the simple act of signing one's name to the form when registering to the ability to read, write, understand, and interpret in many varying degrees. · Alabama requires that a prospective voter must be able to read and write in English any article of the Constitution of the United States which may be submitted to him by board of registrars. Those persons who were registered as voters before 1903 are still qualified and need not register again.
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In Connecticut the character of literacy required is that he must be able to read in English any article of the constitution or any section of the statutes of the State.
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Delaware provides that a voter must be able to read State constitution in English and to write his name if not physically disabled. This provision shall not apply to persons who were 21 years old or over and were U.S. citizens on January 1, 1900.
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Georgia requires that the registrant must be able to read and write correctly in English any paragraph of the Constitution of the United States or of Georgia. The registrar shall mark on the registration card whether or not applicant can so read or write and whether 1nab111ty to do so is due to physical handicap. If applicant cannot sign his name, he shall make his mark and registrar shall sign applicant's name.
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- 1nab111ty The scans read: “inability” (microfilm scan), “1nab111ty” (main scan)
In the State of Maine the literacy qualification provides that unless prevented by physical disability or unless he had the right to vote on January 4, 1893, the voter must be able to read the constitution of the State in English and to write his name.
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Massachusetts requires that a person, unless physically disabled, must be aMe to read five lines of the constitution of Massachusetts in English, to be drawn from box by applicant, and to write his name.
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- aMe The scans read: “able” (microfilm scan), “aMe” (main scan)
I previously discussed Minnesota. The Minnesota requirements for suffrage do not contain literacy requirements as such. I would, however, like to repeat the peculiar requirements contained in the Minnesota constitution in regard to Indians:
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"Indians-Person of mixed white and Indian blood who has adopted the customs and habits of civilization; or
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"Person of Indian blood residing in State who has adopted the language, customs, and habits of civilization after an - examination before any district court of the State in such manner as may be provided by law and shall have been pronounced by said court capable of enjoying the rights of citizenship within the State."
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Frankly, I do not know whether the language, habits, and customs of civilization would extend to the ability to be able to read and write, but it is most difficult to conceive of how one could possess the language, customs, and habits of civilization and not be able to read and write.
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The requirement of my State of Mississippi is that one must be able to read and write any section of State constitution and give a reasonable interpretation thereof; and must be able to demonstrate a reasonable understanding of the duties and obligations of citizenship under a constitutional form of government.
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Nebraska is a State that apparently requires only that the voter sign his name in the register when registering. If the voter cannot read, he shall receive assistance in marking his ballot.
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In Nevada the literacy requirement is whether or not (a) he can read the constitution in English; (b) he can write his name; (c) he is entitled to vote by re · reason of having been an elector; (d) he can mark his ballot (if physical disability, state same). There is, however, also the following provision which touches on literacy: "The registration or reregistration of electors who are unable to sign their names shall be made only on personal application at offices of county clerks, where they may be identified by use of personal description on affidavits of registration. Such · affidavits may be signed with a mark or cross, and the person before whom the affidavit is made shall insert the date which shall be the date of the jurat."
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In North Carolina a prospective voter must be able to read and write any section of the constitution in English, except that this shall not be required of persons already registered before effective date of this act.
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In Oklahoma, one must be able to read and write any section of the constitution of Oklahoma.
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In Oregon the privilege of suffrage is restricted by literacy to those able to read and write English.
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The State of South Carolina provides as a condition to suffrage that one must be able to read and write any section of State constitution or must be able to show that he owns and has paid all taxes collectible during previous year on property in the State assessed at $300 or more, unless he was registered prior to January 1, 1898, in which case he need not reregister.
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In Virginia an applicant for registration, unless physically · unable to do so, shall make application to the registrar in his own handwriting without aid, · suggestion, or memorandum on a sheet of paper containing no written or printed data, information, questions, or words, in the presence of the registrar.
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The constitution of the State of Washington requires a prospective voter must be able to read and speak · English if not a legal voter on November 3, 1896.
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Finally, Wyoming by its constitution requires as a condition of suffrage that one must be a.ble to read the constitution of the State unless prevented by physical disability, providing that any person who was a qualified voter on July 10, 1890, shall continue to be qualified.
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Nine States deny to paupers the privilege of the franchise. The pending amendment, in specific terms, permits the perpetuation of this denial. The proposed Javits-Douglas bill would permit paupers to vote in national elections.
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Delaware simply disqualified paupers without any descriptive or modifying language.
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Maine likewise employs the identical language in its disqualification clause.
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Massachusetts disqualifies paupers for voting and adds tha.t no veteran shall be disqualified because of receiving aid from a city or town or because of being exempted by chapter 59, section 5, from assessment of a poll tax.
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New Hampshire denies to paupers the privilege of franchise unless they tender payment of reasonable expenses incurred by town or county. This law further provides that no person · shall be considered a pauper who is receiving public assistance for which Federal funds are available, or unless he has been assisted as such within 90 days prior to election. This is an interesting difference New Hampshire draws between tax funds that are provided by residents of the towns and counties and tax funds that are derived from the U.S. Treasury.
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Rhode Island also simply disqualifies paupers for voting.
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The language utilized in the South Carolina constitution denies suffrage to paupers supported at the public expense.
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Texas provides that paupers supported by the county are to be disqualified for voting. Finally, the States of Virginia and West Virginia use the short form and simply disqualify paupers for voting.
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Other disqualifications for voting are interesting and varied as they appear in the constitutions or laws of the 50 States. Their diversity points up how unnecessary and how unwise it is for this Senate to be now considering a constitutional amendment, directed at only a handful of States, on a subject matter that has always been held under the Constitution, law, custom, and usage to be the most fundamental single right to be retained by the several States and the people at the time the United States was formed.
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The most necessary and the most general disqualifications for voting, accepted almost uniformly throughout the 50 States, bar those who are "non compos mentis" an . d individuals who have been convicted of a felony or infamous crime and not had th.eir citizenship restored · under the law. But after passing by these disqualifications, we then take off into the wild blue yonder.
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- an The scans read: “and” (microfilm scan), “an” (main scan)
Alabama has a provision that disqualifies for voting any person who shall be con · victed as a vagrant or tramp, or of selling or offering to sell or buy his vote or the vote of another, or of making or offering to make a false return in a general or primary election to procure the election or nomination of any person to office, or of suborning any witness or registrar to secure the registration of any person as an elector.
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The constitution of California disqualifies for voting "aliens ineligible to citizenship." This is a. peculiar provision. But when one stops to consider it, a State does have the power to enfranchise resident aliens if it so desires, and California was by its constitution denying to the legislature the right to exercise such a power.
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Colorado denies the privilege of suffrage to persons confined in public prisons, while so confined; but shall be invested with rights of citizenship (except as provided in the Constitution) upon pardon or by having served out his sentence. Residence is not lost by imprisonment.
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Delaware disqualifies for voting for 10 years after conviction persons convicted of election offenses under article 5, section 7, of the constitution of Delaware.
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Florida has a provision which provides that persons convicted of bribery, perjury, l a rceny, or any infamous crime in this or other State, or interested in any wager depending on the result of any election, cannot vote. In view of this lastly stated condition, it certainly would not be sensible to make even the smallest little bet on the outcome of any election in Florida.
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- a rceny, The scans read: “larceny,” (microfilm scan), “a rceny,” (main scan)
As I previously stated, Idaho disqualifies for voting bigamists, polygamists, prostitutes, or inmates of houses of ill fame, and, Chinese or persons of Mongolian descent, not born in the United States.
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In the case of Welch v. Shamway (83 N . E. to w n. 549, 558), the Supreme Court of Illinois made a judicial determination that although there is no express provision either in the constitution or the statutes, the vote of a person non compos mentis ought not to be received.
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- N The scans read: “N.E.” (microfilm scan), “N” (main scan)
In the compilation of State constitutions and statutes which I have utilized in this d i scussion, Indiana appears to have the harshest of all the di s franchisement provisions. This one provides that persons convicted of misdemeanor shall be disfranchised for a period of not over 5 years. After further investigation I have reached the conclusion that the statute does not mean just any misdemeanor-it is confined to a particular class of misdemeanors described under the penalties for violations of the election laws. In view of the description of offenses therein contained, . d, the forfeiture of the franchise is not unduly harsh.
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- i scussion, The scans read: “discussion,” (microfilm scan), “i scussion,” (main scan)
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- s franchisement The scans read: “disfranchisement” (microfilm scan), “s franchisement” (main scan)
The State of Kansas has a disqualification for voting that is most interesting to me personally. While I would be glad to debate the logic, necessity, and wisdom for the phraseology, knowing what it intended to accomplish, I fear it would have b a rred many of my ancestors from the privilege of voting in that State. The section provides that persons who have voluntarily borne arms against the United States or aided in its attempted overthrow, except all persons honorably discharged from military service of the United States since April 1, 1861, who served 1 year or more, are disqualified for voting. Kansas also disqualifies persons dishonorably discharged from the servive of the United States unless reinstated, and persons guilty of defrauding the Federal or any State government, and, persons guilty of giving, receiving, or offering bribes. Louisiana has a disqualification for voting which would appear, at least in part, to embrace paupers. It was not men t ioned previously in the pauper part of this discussion. The . Louisiana law disqualifies for voting inmates of any charitable institution except the Soldiers' Home and the U.S. Marine Hospital at Carville. Louisiana also disqualifies for voting deserters from military service of the United St a tes or from militia of Louisiana when called forth by the Governor or, in time of invasion, insurrection or rebellion, by the President of the United States until they have returned to the · command from which they deserted, made good the lost time and served out term of enlistment, and, persons dishonorably discharged from Louisiana National Guard or from military service of the United States unless reinstated.
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- a rred The scans read: “barred” (microfilm scan), “a rred” (main scan)
- t ioned The scans read: “mentioned” (microfilm scan), “t ioned” (main scan)
- a tes The scans read: “States” (microfilm scan), “a tes” (main scan)
- · The scans read: “com-” (microfilm scan), “·” (main scan)
The State of Michigan has no voter dis . qualifications of any kind or character.
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My State of Mississippi disqualifies for voting Indians not taxed.
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Missouri denies the privilege of franchise to persons while kept 1n poorhouse or other asylum at public expense or while confined in any public prison, and, persons convicted of a felony or of a misdemeanor connected with exercise of right of suffrage unless they shall be granted a full pardon. After second conviction, such person shall be forever excluded from voting.
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- 1n The scans read: “in” (microfilm scan), “1n” (main scan)
Nevada disqualifies for voting a person who, while a citizen of Nevada, · fought or aided in a duel.
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New Hampshire has a disqualified-for-voting provision involving taxes, other than poll tax, that . comes within the ban of the proposed constitutional amendment. This law disqualifies from the franchise a person excused from paying taxes at his own request unless he tenders p a yment of all taxes assessed him during the year prior to his offer to vote. It further provides that no soldier or sailor who served in a war in which the United States was engaged and has been honorably discharged shall be deprived of his right to vote by reason of having received assistance from any county or New Jersey disqualifies for voting persons convicted of blasphemy.
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- a yment The scans read: “payment” (microfilm scan), “a yment” (main scan)
New York takes a w ay the privilege of franchise from persons who shall pay or receive or offer to pay or receive money or thing of value for giving or withholding a vote at an election, or for registering or refraining to register as a voter, or who shall make any promise to influence the giving or withholding of any such vote or registration, or shall make or become directly or indirectly interested in any bet or wager depending on the result of an election shall not vote at such election.
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- w ay The scans read: “away” (microfilm scan), “w ay” (main scan)
Ohio disqualifies for voting persons convicted a second time of offense under election laws.
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Oklahoma has a provision of law that prevents from voting persons while kept in a poorhouse or asylum at public expense except Federal and Confederate ex-soldiers. It was held in the case of Hines v. Winters (320 P. 2d 1114) that persons receiving oldage assistance from the State are not disqualified.
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The laws of Pennsylvania provide that any person convicted of willful violation of any provision of the election code shall, in addition to any penalties provided in said code, be disfranchised for 4 years from the date of conviction, and that a voter guilty of bribery at election shall forfeit right to vote at that election. ·
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Rhode Island has a constitutional disqualification fo,r voting that must go back to its earliest history as a State. It disqualifies persons residing on lands ceded by Rhode Island to the United States.
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I have been advised that the Texas disqualification-for-voting provision that I previously mentioned, "soldiers, marines, and seamen while employed in the Regular service of the Army or Navy of the United States," has been repealed by an amendment to the Constitution of the State of Texas.
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The constitution of the State of Vermont provides that any voter who shall receive a bribe for his vote shall forfeit his right to vote at that election.
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Virginia disqualifies for voting persons who, while citizens of the State since the adoption of the constitution, have fought a duel with a deadly weapon, or sent or acce p ted a challenge to fight such duel either within or without the State, or knowingly conveyed a challenge, or aided in any way in fighting such duel.
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The State of Washington denies the privilege of the franchise to persons convicted of subversive organization after June 1, 1951. Wisconsin disqualifies for voting persons interested in any wager depending upon result of any election shall not be permitted to vote at such election, and persons who have engaged in a duel either directly or indirectly, either as a principal or accessory. This completes the section of my analysis devoted to the various and sundry reasons that individuals are disqualified for voting under the provisions of the constitutions and laws of the 50 States. There still remain other aspects of the similarity or dissimilarity between voting requirements in the States.
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The one which r now propose to discuss involves a substantive and positive voter qualification that appears in the laws of only four of , the States. It is generally described as a "character" qualification.
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- r The scans read: “I” (microfilm scan), “r” (main scan)
If I were asked to choose the language I preferred as between the four States I would unhesitatingly select the provision that appears in the laws of the State of Connecticut. The character qualification for the privilege of suffrage in Connecticut is that one must sustain good moral character.
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Georgia's voters' qualifications provide that the applicant for registration must be of good character and understand obligations of citizenship under a . republican form of government; or, must be able to read and write correctly in English any paragraph of the Constitution of the United States or of Georgia.
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The Alabama character requirement for voting provides that one must be of good character and embrace the duties and obligations of citizenship under the Constitutions of the United States and Alabama.
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The State of Louisiana provides that a prospective voter shall be of good character and shall understand the duties and obligations of citizenship under republican form of government.
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Since good character is the foundation stone of good citizenship it is passing strange that more of our States have not adopted this qualification as a prerequisite for suffrage. Why should anyone be permitted to lay claim to the privilege of voting without being able to sustain good moral character? Mr. President, requirements of residence as a prerequisite of voting vary from State to State to a marked degree . Some States, including my own, require 2 years' residence in the State, 1 year in the city or town, and 1 year in the ward or precinct before one is permitted to apply for registration. Some States have reduced the residence requirement to 6 months, and as little as 30 days in the county and 10 days in the precinct or ward. There is every conceivable combination in between these extremes. What the States choose to require, it has the perfect right and power so to do.
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Mr. President, I have made this long and somewhat exhaustive analysis of the constitutions and laws governing the qualifications for, or the lack of qualifications for, voting in the 50 States of this Union for the purpose of pointing up the sheer folly for Congress to propose to the State legislatures a constitutional amendment that involves a prohibition against a handful of States as to what they cannot do in laying a prerequisite to voting in national elections. In the long history of these United States we have seen fit to amend the Constitution only 22 times, the first 10 of the amendments were more or less en bloc, so actually you might say 13 times. One of the 13 amend- ments deleted a previous one; this being a ' negative action reduces the ch a nges to 12. Now the elabor a te machinery of amendment is proposed to be set in motion on a question so insignificant that it is actually ridiculous. With the U.S. budget requiring tax collections in · excess of $80 billion, this Congress and three-fourths of the States are now being asked to enact a constitutional amendment that will deny my State the right to exact a $2 capitation tax from its citizens for the aid of public schools as a prerequisite to voting for U.S. Senators, Members of the House of Representatives, and presidential electors. With Government, with a capital G, Federal, State, and local, costing as much as it does today, what could be more reasonable and sensible than to require a citizen to m a ke some contribution, · however small it may be; to · the support of these vast establishments as a small prerequisite to the privilege of franchise? Our forefathers were neither stupid men nor idiots. I do not think the Constitution is outmoded by modern times or developments nor do I think or feel that the convictions they held at the time the Constitution was adopted are outmoded or any less applicable today than they were then. This presently proposed constitutional amendment both slaps the Founding Fathers and original State governments in the f . face and kicks out considerable of their teeth. It is now proposed to violate one of the most sacred conditions upon which our Union was established-that section 2, article I, of the Constitution, which riveted in the States the power they retained to determine for themselves the qualifications of voters be amended to deny to the States a capitation tax, or other tax, or property qualification as a prerequisite to voting in a national election. The proposed amendment should and ought to be overwhelmingly defeated.
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1 connection
- cites Article I, Section 2, Clause 1 (suggested)
Mr. ROBERTSON . Mr. President, will the Senator yield?
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Mr. STENNIS. I yield.
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Mr. ROBERTSON. I wish to associate myself with the views expressed by my distinguished colleague from Alabama [Mr. HILL]. I agree with him.
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The senior Senator from Mississippi [Mr . . EASTLAND] delivered a fine address on this subject last Friday. Today the junior Senator from Mississippi has made an outstanding contribution to the discussion of the problem involved both in the proposal of the Senator from New York [Mr. JAVITS] to invade the rights of the States in a clearly unconstitutional way with a poll tax repealer bill, and in the proposal of a constitutional amendment to encroach upon what the Senator has said has always been regarded as the exclusive right of the States, the right to fix the qualifications of their voters. I commend my colleague for his brilliant speech.
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Mr. STENNIS. I thank the Senator from Virginia very much. I thank the Senator from Alabama [Mr. HILL]. I am grateful to both Senators for their counsel and advice, and for their leadership not only this year, but over the years. We have been in this battle for many years, and I have benefited much from their fine counsel and leadership. I deeply appreciate it.
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Mr. JOHNSTON of South Carolina. Mr. President, · will the Senator yield?
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Mr. STENNIS. I yield.
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Mr. JOHNSTON of South Carolina. I commend the Senator · for his remarks here today. I believe that a great many people fail to realize exactly what we are doing in the Senate.
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There is an amendment which " has been in the Constitution ever since the beginning of the Government.
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I have had occasion to look into the subject covered by the amendment. Anyone who will take the trouble to investigate will find that the people of the United States were paying poll taxes even before the Constitution of the United States was adopted. That was true in a great many of the Colonies. That is the way they collected taxes in the early days. Our forefathers saw fit to put that provision into the Constitution, and gave the States that right. The States were given the right to determine what the · .qualifications of the voters of the various States should be The~ wanted to place some of this authority m the hands of the States throughout the United States, and that IS where It IS today.
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- The~ The scans read: “They” (microfilm scan), “The~” (main scan)
So far as South Carolina is concerned, at the present time we do not have a poll tax. South Carolina repealed the poll tax provision about 9 years ago. The people voted ~nit 10 years ago, and the action was ratified by the legislature 9 years ago. We did that in South Carolina. The right to so act is enjoyed by all the States. With respect to matters of this kind, such as elections, I bel.ieve they are questions for State determination, and . should not ~e ~0~19-ered as coming within Federal JUriSdiCtiOn.
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We start here with a proposal by the senior Senator from Tennessee [Mr, KEFAUVER], placing the authority in the hands of Governors, in case of an emergency, to appoint Members of the House of Representatives, so that there will not be any interference with the operations of Government at Washington.
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Then we are confronted with a proposal to amend the Constitution in such a way as would give the Federal Government the authority to say that a State may not levy a poll tax. Then we are confronted with another amendment to the same joint resolution which would bring about the change by statute. I cannot understand how some persons who follow the decisions of the Supreme Court in one field, and approve of them, can say that the Supreme Court was all wrong in deciding cases in this field. It is hard for me to understand their attitude in this connection. ·
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I wish to commend the Senator from Mississippi for his clear-cut address today on what I believe is for the best interests of the United States.
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Mr. STENNIS. Mr. President, I thank the Senator from South carolina very much, and I am especially appreciative of his fine attitude in coming here to do battle for what he believes to be a state's responsibility and a State's privilege un- met. der our Constitution in prescribing the qualifications of voters within a state, and joining with those of us who do not want States to take any step in this direction until they see fit in their wisdom to do so, even though his own state is not directly affected by the proposal. I thank the Senator very much.
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Mr. JOHNSTON of south carolina. The poll tax provision was written into our constitution in south carolina during the Reconstruction days of 1868 It was readopted in 1895 as a part of. our constitution. However, we saw fit to wipe it out 9 years ago.
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Mr. STENNIS. Mr. President I yield the floor '
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