law, and judgment thereon by court of competent jurisdiction." The Right of Suffrage is defined in the Fourth Article-“ SECTION 1. Every male person of the age of twenty-one years, being a citizen of the United States, and a resident of this State for twelve months, and of the county wherein he may offer his vote for six months next preceding the day of election, shall be entitled to vote for members of the General Assembly, and other civil officers for the county or district in which he resides; and there shall be no qualification attached to the right of suffrage, except that each voter shall give to the judges of election, when he offers to vote, satisfactory evidence that he has paid the poll taxes assessed against him for such preceding period as the Legislature shall prescribe, and at such times as may be prescribed by law, without which his vote cannot be received. And all male citizens of the State shall be subject to the payment of poll taxes and the performance of military duty within such ages as may be prescribed by law. The General Assembly shall have power to enact laws requiring voters to vote in the election precincts in which they may reside, and laws to secure the freedom of elections and the purity of the ballot-box. SEC. 2. Laws may be passed, excluding from the right of suffrage, persons who may be convicted of infamous crimes."

[In Ridley v. Sherbrook (1866), 3 Cold. (Tenn.) 569, where the register had refused to enter on the register, the name of the complainant, who had been convicted of certain offences, but had received a full pardon, the Court said, "The elective franchise is not an inalienable right or privilege, but a politi

cal right, conferred, limited or withheld at the pleasure of the people, acting in their sovereign capacity. Each State may define it in its own Constitution, or empower its Legislature to do so. The right once granted may be taken away by the exercise of sovereign power or forfeited for crime, under the laws of the State; and if taken away by the sovereign power of the State, (as by an alteration in the Constitution) no vested right is violated, or bill of attainder passed, or act of pains and penalties, in the sense of the Constitution of the United States. A political right * is a political privilege or grant, that may be extended or recalled, at the will of the sovereign power." The Court held that though he had a right to vote under the Constitution of 1834, the Legislature having changed Article IV, section one of the Constitution, he could not claim the right to register as a voter, unless he brought himself within the provisions of the act, which was valid and binding.

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[The First Article of the Constitution of Texas contains the Bill of Rights, including-" SEC. 19. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of law of the land." The Third Article provides—“Sec. 56. The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law, authorizing: * For the opening and conducting elections, or fixing or changing the places of voting; Suffrage is regulated in the Sixth Article-"SECTION 1.-The following classes of persons shall not be al

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lowed to vote in this State, to wit: First-Persons under twenty-one years of age. Second-Idiots and lunatics. Third-All paupers supported by any county. FourthAll persons convicted of any felony, subject to such exceptions as the Legislature may make. Fifth-All soldiers, marines and seamen, employed in the service of the army or navy of the United States. SEC. 2.-Every male person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and who shall have resided in this State one year next preceding an election, and the last six months within the district or county in which he offers to vote, shall be deemed a qualified elector; and every male person of foreign birth, subject to none of the foregoing disqualifications, who, at any time before an election, shall have declared his intention to become a citizen of the United States, in accordance with the federal naturalization laws, and shall have resided in this State one year next preceding such election, and the last six months in the county in which he offers to vote, shall also be deemed a qualified elector; and all electors shall vote in the election precinct of their residence; provided, that electors living in any unorganized county, may vote at any election precinct in the county to which such county is attached, for judicial purposes. SEC. 3.-All qualified electors of the State, as herein described, who shall have resided for six months immediately preceding an election within the limits of any city or corporate town, shall have the right to vote for mayor and all other elective officers; but in all

elections to determine expenditure of money or assumption of debt, only those shall be qualified to vote who pay taxes on property in said city or incorporated town; provided, that no poll tax for the payment of debts thus incurred shall be levied upon the persons debarred from voting in relation thereto. SEC. 4.—In all elections by the people, the vote shall be by ballot, and the Legislature shall provide for the numbering of tickets, and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot-box; but no law shall ever be enacted, requiring a registration of the voters of this State." Among the General Provisions in the Sixteenth Article, are "SEC. 2.-Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who may have been or shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influence therein from power, bribery, tumult, or other improper practice. SEC. 4. Any citizen of this State who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it, or who shall act as second, or knowingly assist, in any manner, those thus offending shall be deprived of the right of suffrage, or of holding any office of trust or profit under this State. SEC. 9.-Absence on business of the State, or of the United States, shall not forfeit a residence once

obtained, so as to deprive anyone of the right of suffrage, or of being elected or appointed to any office under the exceptions contained in this Constitution.”

[The Territory of Utah was made the subject of the following special provisions in the Act of March 3, 1887 (24 Stat. at Large 639)— "SEC. 20. That it shall not be lawful for any female to vote at any election hereafter held in the Territory of Utah for any public purpose whatever, and no such vote shall be received or counted or given effect in any manner whatever; and any and every act of the legislative assembly of the Territory of Utah, providing for or allowing the registration or voting by females is hereby annulled. SEC. 21. That all laws of the legislative assembly of the Territory of Utah, which provide for numbering or identifying the votes of the electors at any election in said Territory, are hereby disapproved and annulled; but the foregoing provision shall not preclude the lawful registration of voters, or any other provisions for securing fair elections, which do not involve the disclosure of the candidates for whom any particular elector shall have voted. SEC. 24. That every male person, twentyone years of age, resident in the Territory of Utah, shall, as a condition precedent to his right to register or vote at any election in said Territory, take and subscribe an oath or affirmation, before the registration officer of his voting precinct, that he is over twenty-one years of age, and has resided in the Territory of Utah for six months then last passed and in the precinct for one month immediately preceding the date thereof, and that VOL. XXXVIII—58.

he is a native born (or naturalized, as the case may be) citizen of the United States, and further state in such oath or affirmation, his full name, with his age, place of business, his status, whether single or married, and, if married, the name of his lawful wife, and that he will support the Constitution of the United States, and will faithfully obey the laws thereof, and especially will obey the act of Congress approved March twenty-second, eighteen hundred and eighty-two, entitled [&c., 22 Stat. at Large 30,] * and will also obey this act in respect of the crimes in said act defined and forbidden, and that he will not, directly or indirectly, aid or abet, counsel or advise, any other person to commit any of said crimes. * No person shall be

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entitled to vote in any election in said Territory, or be capable of jury service, or hold any office of trust or emolument in said Territory, who shall not have taken the oath or affirmation aforesaid. No person who shall have been convicted of any crime under this act, or under the act of Congress aforesaid, approved March twenty-second, eighteen hundred and eighty-two, or who shall be a polygamist or who shall associate or cohabit polygamously with persons of the other sex, shall be entitled to vote in any election in said Territory, or be capable of jury service, or to hold any office of trust or emolument in said Territory." Otherwise, the Territory is under the same acts, as Arizona, supra, page 872.

[The Constitution of Vermont declares in its First Chapter, that the rights of the inhabitants include "ARTICLE 8th. That all elections ought to be free and with

out corruption, and that all freemen having a sufficient, evident, common interest with, and attachment to the community, have a right to elect officers, and to be elected into office, agreeably to the regulations made in this Constitution." By the Plan or Frame of Government contained in the Second Chapter, it is ordained that-"SECTION 21st. Every man of the full age of twenty-one years, having resided in this State for the space of one whole year next before the election of Representatives, and is of a quiet and peaceable behaviour, and will take the following oath or affirmation, shall be entitled to all the privileges of a freeman of this State. You solemnly swear (or affirm) that whenever you give your vote or suffrage, touching any matter that concerns the State of Vermont, you will do so as in your conscience you shall judge will most conduce to the best good of the same, as established by the Constitution, without fear or favour of any man. SECTION 34th. whether by the people or by the Legislature, shall be free and voluntary: and any elector who shall receive any gift or reward for his vote, in meat, drink, monies or otherwise, shall forfeit his right to elect at that time, and suffer such other penalty as the law shall direct; *" The Thirty-ninth Section of the same chapter is changed in this respect by the Amendment "ARTICLE [1.] No person, who is not already a freeman of this State, shall be entitled to exercise the privileges of a freeman, unless he be a natural born citizen of this or some one of the United States, or until he shall have been naturalized, agreeably to the acts of Congress."

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All elections,

[In State ex rel. Cawley v. O'Hearn (1886), 58 Vt. 718, the Court said, "The act requiring a check-list does not say that one whose name is on it is a legal voter, but he may vote at that election; nor that every one whose name is not thereon has no right to have it there; it says that for the purposes of voting upon that day, it is conclusive." Consequently the Court examined whether the list was properly made up, and Hyde v. Brush, (supra, page 876) was distinguished as deciding merely that the list could not be questioned on election day. In neither case was there an addition to the constitutional qualifications.

[The Constitution of Virginia begins with a Bill of Rights comprised in the First Article, and declaring, among other things-"8. That all elections ought to be free, and that all men, having sufficient evidence of permanent common interests with, and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not in like manner, assented, for the public good." The Elective Franchise is defined by the Third Article, thus" Sec. 1. Every male citizen of the United States, twenty-one years old, who shall have been a resident of this State twelve months, and of the county, city or town in which he shall offer to vote three months next preceding any election, shall be entitled to vote for members of the general assembly and all officers elected by the people: provided, that no officer, soldier, seaman, or marine of the United States

army or navy, shall be considered a resident of this State by reason of being stationed therein and provided, also, that the following persons shall be excluded from voting: First. Idiots and lunatics. Second. Persons convicted of bribery at any election, embezzlement of public funds, treason, felony, or petit larceny. Third. No person who, while a citizen of this State, has, since the adoption of this Constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this State, or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to vote or hold any office of honor, profit, or trust under this Constitution."'

[The First Article of the Constitution of Washington, declares, among other rights, that-" SEC. 19. All elections shall be free and equal, and no power, civil or military, shall at any time interfere." Elections and Elective Rights are regulated in the Sixth Article, thus -“SECTION 1. All male persons of the age of twenty-one years or over, possessing the following qualifications, shall be entitled to vote at all elections: They shall be citizens of the United States, provided that Indians not taxed shall never be allowed the elective franchise:

provided, further, that all male persons who at the time of the adoption of this Constitution, are qualified clectors of the Territory, shall be electors. They shall have lived in the State one year, and in the county ninety days and in the city, town, ward or precinct thirty lays immediately preceding the election at which they offer to

vote. The other male persons, qualified by the election law contained in Chapter 238 of the Code of Washington (ed. 1881) were "SEC. 3050. All American male citizens, above the age of twentyone years, and all American male half-breeds over that age, who have adopted the habits of the whites, and all other male inhabitants of this Territory, above that age, who shall have declared, on oath, their intentions to become citizens, at least six months previous to the day of election, and shall have taken an oath to support the Constitution of the United States, and the Organic Act of this Territory, at least six months previous to the day of election, and shall have resided six months in the Territory, and thirty days in the county next preceding the day of election, and none other, shall be entitled to hold office or vote at any election in this Territory: * *." The same article of the State Constitution continues - "SEC. 3. All idiots, insane persons and persons convicted of infamous crimes, unless restored to civil rights, are excluded from the elective franchise. SEC. 4. For the purpose of voting and eligibility to office, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the State or of the United States, nor while a student at any institution of learning, nor while kept at public expense in any poorhouse nor other asylum, nor while confined in public prison, nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas. SEC. 6. All elections shall be by ballot. The legislature shall pro