Article 1, Section 2, Clause 1
[Volume 2, Page 61]
James Wilson, The Legislative Department, Lectures on Law1791Works 1:407--11
By the constitution of the United States, the members of the house of representatives shall be chosen by the people of the several states. The electors, in each state, shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
This regulation is generous and wise. It is generous; for it intrusts to the constitutions or to the legislatures of the several states, the very important power of ascertaining and directing the qualifications of those, who shall be entitled to elect the most numerous branch of the national legislature. This unsuspicious confidence evinces, in the national constitution, the most friendly disposition towards the governments of the several states. For how can such a proper disposition be evinced more strongly, than by providing that its legislature, so far as respects the most numerous branch of it, should stand upon the same foundation with theirs; and by providing farther, that this foundation should be continued or altered by the states themselves?
This regulation is wise as well as generous. An attention to its genuine principle and tendency must have a strong effect, in preventing or destroying the seeds of jealousy, which might otherwise spring up, with regard to the genius and views of the national government. It has embarked itself on the same bottom with the governments of the different states: can a stronger proof be given of its determination to sink or swim with them? Can proof be given of a stronger desire to live in mutual harmony and affection? This is an object of the last importance; for, to adopt an expression used by my Lord Bacon, "the uniting of the hearts and affections of the people is the life and true end of this work."
The remarks which I have made on this subject place, in a clear and striking point of view, the propriety, and indeed the political necessity, of a regulation made in another part of this constitution. In the fourth section of the fourth article it is provided, that, "the United States shall guaranty to every state in this Union a republican form of government." Its own existence, as a government of this description, depends on theirs.
As the doctrine concerning elections and the qualifications of electors is, in every free country, a doctrine of the first magnitude; and as the national constitution has, with regard to this doctrine, rested itself on the governments of the several states; it will be highly proper to take a survey of those provisions, which, on a subject so interesting, have been made by the different state constitutions: for every state has justly deemed the subject to be of constitutional importance.
In the constitution of Pennsylvania, the great principle, which animates and governs this subject, is secured by an explicit declaration, that "elections shall be free and equal." This is enumerated among the great points, which are "excepted out of the general powers of government, and shall for ever remain inviolate." The practical operation of this great and inviolable principle is thus specified and directed: "In elections by the citizens, every freeman of the age of twenty one years, having resided in the state two years next before the election, and within that time paid a state or county tax, which shall have been assessed at least six months before the election, shall enjoy the rights of an elector."
It well deserves, in this place, to be remarked, how congenial, upon this great subject, the principles of the constitution of Pennsylvania are to those adopted by the government of the Saxons. The Saxon freemen, as we have already seen, had votes in making their general laws. The freemen of Pennsylvania, as we now see, enjoy the rights of electors. This right, it has been shown, is equivalent, and, in a state of any considerable extent, must, on every principle of order and convenience, be substituted to the other. This is far from being the only instance, in which we shall have the pleasure of finding the old Saxon maxims of government renewed in the American constitutions. Particular attention will be paid to them, as they present themselves.
By the constitution of New Hampshire, "every male inhabitant, with town privileges, of twenty one years of age, paying for himself a poll tax, has a right to vote, in the town or parish wherein he dwells, in the election of representatives."
In Massachussetts, this right is, under the constitution, enjoyed by "every male person, being twenty one years of age, and resident in any particular town in the commonwealth for the space of one year next preceding, having a [Volume 2, Page 62] freehold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds." Every one so qualified may "vote in the choice of a representative for the said town."
The right to choose representatives in Rhode Island is vested in "the freemen of the respective towns or places." This regulation is specified in the charter of Charles the second. The state of Rhode Island and Providence Plantations has not assumed a form of government different from that, which is contained in the abovementioned charter.
The qualifications requisite, in the state of Connecticut, to entitle a person to vote at elections, are, maturity in years, quiet and peaceable behaviour, a civil conversation, and forty shillings freehold, or forty pounds personal estate; if the selectmen of this town certify a person qualified in those respects, he is admitted a freeman on his taking an oath of fidelity to the state.
It ought to be observed, by the way, that this power to admit persons to be freemen, or to exclude them from being freemen, according to the sentiments which others entertain concerning their conversation and behaviour, is a power of a very extraordinary nature; and is certainly capable of being exercised for very extraordinary purposes.
The constitution of New York ordains, "that every male inhabitant of full age, who shall have personally resided within one of the counties of the state, for six months immediately preceding the day of election, shall, at such election, be entitled to vote for representatives of the said county in assembly; if during the time aforesaid he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings; and been rated and actually paid taxes to the state."
"All inhabitants of New Jersey, of full age, who are worth fifty pounds, proclamation money, clear estate within that government, and have resided within the county, in which they shall claim a vote, for twelve months immediately preceding the election, shall be entitled to vote for representatives in assembly."
The right of suffrage is not specified in the constitution of Delaware; but it is provided, that, in the election of members of the legislature, it "shall remain as exercised by law at present."
In Maryland, "all freemen above twenty one years of age, having a freehold of fifty acres of land in the county, in which they offer to vote, and residing therein; and all freemen having property in the state above the value of thirty pounds current money, and having resided in the county, in which they offer to vote, one whole year next preceding the election, shall have a right of suffrage in the election of delegates for such county."
We find, in the constitution of Virginia, no specification of the right of suffrage: it is declared, however, that this right shall remain as it was exercised at the time when that constitution was made.
It is provided by the constitution of North Carolina, "that all freemen of the age of twenty one years, who have been inhabitants of any county within the state twelve months immediately preceding the day of any election, and shall have paid publick taxes, shall be entitled to vote for members of the house of commons, for the county in which they reside."
According to the constitution of South Carolina, "every free white man, of the age of twenty one years, being a citizen of the state, and having resided in it two years previous to the day of election, and who has a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed at least six months before such election, or, not having such freehold or lot, has resided within the election district, in which he offers to give his vote, six months before the election, and has, the preceding year, paid a tax of three shillings sterling towards the support of government, shall have a right to vote for members of the house of representatives for the election district, in which he holds such property, or is so resident."
I am not possessed of the present constitution of Georgia. By its late constitution, it was provided, that "all male white inhabitants, of the age of twenty one years, and possessed, in their own right, of ten pounds value, and liable to pay tax in the state, or being of any mechanick trade, and shall have been a resident six months in the state, shall have a right to vote at all elections for representatives."
From the foregoing enumeration--its length and its minuteness will be justified by its importance--from the foregoing enumeration of the provisions, which have been made, in the several states, concerning the right of suffrage, we are well warranted, I think, in drawing this broad and general inference--that, in the United States, this right is extended to every freeman, who, by his residence, has given evidence of his attachment to the country, who, by having property, or by being in a situation to acquire property, possesses a common interest with his fellow citizens; and who is not in such uncomfortable circumstances, as to render him necessarily dependent, for his subsistence, on the will of others.
By the same enumeration, we are enabled, with conscious pleasure, to view and to display the close approximation, which, on this great subject, the constitutions of the American States have made, to what we have already seen to be the true principles and the correct theory of freedom.
Again; the same enumeration places in the strongest and most striking light, the wisdom and the generous confidence, which rested one of the principal pillars of the national government upon the foundation prepared for it by the governments of the several states.
The Works of James Wilson. Edited by Robert Green McCloskey. 2 vols. Cambridge: Belknap Press of Harvard University Press, 1967.
© 1987 by The University of Chicago