Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-30


the separation, was made by an act OF the
seventh, George III (l7S6) passed by tine
then Lisuten- nt-gOpernor Patrick Gordon,
"by md with the advice aud consent OF the
representatives of the freemen OF the said
counties (NaW Castle, Kent aui Sussex, on
Delaware) IN G neral Assembly met" Ne,
which iu It's second section confines the
suffrage to property holders by this lau!
guuge. Provided, always. that no inhabi-
thnts OF this government shall have tho
right OF eleeting or belg elected As asore-
sali unless they pe natural born suhjsots of
Great Britain, or be naturaiizei In Eng
land, or IN this government, or In the
province OF Pennsylvania, aad unless sach
person or persons be CT the Aga of twenty
two years or upwards, and be 8 freeholdsr
or tceeholdets Of this government, aud have
1fty acres OF land or mora we'll settled, and
twelve acres thsieot cleared or improved,
or be otherwise worth forty pounds lawful
money OF this government cl ,ar estate, and
have been resident therein Tor the space OF
two year5 befofe such election. q VOL,
Del. Laws, 1869.
There Il no other act, relating to the
qualification of electors, In the colonial
period.
la the year 1907 au act of tho Gsneral
Assembly of tho state was passed which es-
taotlshed different ru!e from that then
prevailing for assessing the po Is of trae.
men-that Is, tho personal rate. THIS iixad
u at not more than ono thousand pounds
(ot the then currency nor las, thaa two
hundred pounds. This Ia the act
erronelusl7 supp1sod to have first created
the poll TAX Ha!l3 Dig. Llws OF Dol, $50.
In the Il liarislou Of 1882 ths phraseology
Is changed, the highest rate OF poll tax
being twenty-seven hundred dollars, Che
equivalent OF q thousand pounds, and the
itttv hsYR1N Nra
virtual eguiVllsnr OF fiitg pounds. D5la.
ware currency. Such Is the law OF the
btAte at this day.
From this review of the Law, which has
always prevailed here IN regard to the
Qualification Of voters, two things seem TO
ba clear-that is, that the right to vote was
con niitional altogether upon the payment of
taxes previously asse5sed-"scot and lot,"
as terseiy EXPIRE lsed II the honely bur ner-
fectly we'll Understood language OF the
ancient enactments; and, that tue poll tax
was adopted Il hlndrad years at least
before lI0T for those who had no properly.
Under the old system, there could be no
privilege OF voting by any Without payment
OF tax; without each man paying his part
! towards tha support OF government. The
| theory then was, that no man should enjoy
the pr.vll go of voting for public officers,
unless he paid Tor IL by adding tne require
ment Of tax npon him to the gen sral conca5-
| sion for the maintenance OF the State. The
! privilege was conditional upon his doing
that, IN some form, voluu arg or by COM
| pusion. Pay your taxes and you may vote,
ssid the law; which SHOWS thar 1t was only
upon compliance With u condition that o
citizen could cast the ballot. AT argu-
| ments, therefore, which are the of prlng
| OF any notion of inaienable right sacred
right, ildefeasible right, have no place in
th.s discussion. The Right to vote was In
the old time as now, conditional upon sew
eral things, citizenship, majority OF age,
| payment of county rates and levies. 1t
was and is but u privilege, or right, sub
| condltione; and those who fixed the terms
/ OF II were rangers to aay other Idea than
| quid pro quo-'scot and lot." such modern
ideas as ma hoodasutfrage Qt by that be
meant suffrage because OF full age), ballot
for all and slavery without the ballot. were
| properly left to be evolved out OF the con-
sciousness of visionary theorists with aspi.
rations for etate OF society dreamt OF only
by those who would substitute our poor
humanity for the great Creator.
The law Of 7th George H., (l736) con-
tinued, as that fixing the qualification of
voters, until the constitution OF ths state of
1902 was made, that OF tho Goth Sep
| tember, 1875. (App. TO LIST Delaware Laws
82) expressly provides that 'the right OF
suffrage In the election OF members ot both
house shall remain rs exercised by law at
present, &C." (Acr y. In the former the
right Is thus defined.
hArtlcle ~. All elections of governor,
senators and representatives shall be by
ballot, and In such elections every white
| freeman OF the age OF twenty-one years,
having resided In the State two years next
before the election, and within that time
paid State or county tax, which shall
have been assessed at least six months be-
fore the election. shall enjoy this right OF
an elector; and the sons OF persons so
qualified, shall, between the ages OF 2I aud
" years, be entitled to vote although they
have not paid taxes" Constitution OF 1902,
Delaware Laws, &XNVIlI.
The latter clause ot tine article was new
feature introduced Into the canon of cleo
toral qualification.
In the yenr 1891 State convention was
held to revise the constitution OF 1892. BY
1t elections were made biennial instead OF
annual, and the electoral qualification was
modified BY this language:
"Iu such elections every free white male
citiz n Ut the age OF twenty-t~o years or up
wards having resided In the State one year
next before the election, and the last month
thereof In the coI-tg where he offers Ia
vote, and having within two years next
before the election paid e county tux which
shall have been assessed at least six months
before the election, snail enjoy the right OF
an eector; and every free white male citi'
zan OF the aga OF tgentY-one years and
under the lgs OF tTenty-two yenrs, having
resided as atorcsati, shall be entitled &c
vote without palMaut q any tax
Provided thai no IDIOT, or insane
crime deemst by law fsloly shall enjoy
ths rights OF an eloctoS, de-" R5v. Code oi
1914, ANNlI-lll.
Fnis curnga oxtendsd the tlme for pay.
ment OF tax to two years bef0rs the electlor
to conform It TO the Biennial system of cleo
tIoas, allowed all men botweea 81 and %
having thu residential qualification, to vote
without Payment Of tg&, confined tho tax {
county r,l-es, and exclu led the insane, pau
pnEs and parsou7 convict ID OF felony. rhl.
constitutional qualification continues Il
force to this dGy-naarly sixty years frol
tho time u It's naeLm2uf
Under tho old system ottaSatlon provided
IN mo slHtl section Of thp ''Aot conc lrnint
the levy ccuvt," &a (bGlPs Dig. $3.50 tht
general rate OF persons and personal prop
erty continued Tor SIX, and ths assessmen
Of real estate for II yeats. Afterwards tht
former was raducei 10 years Grew. code o
1874, S5) and hy subsequent amendmen
that OF real es.Gts when before hal beef
first IL an then eight years Was reduced L
four also Vol NH Of the laws chap. 29i)
so that JlS assessment OF persons aud POI
Honal properly and OF reai estate are nos
uuitOrm us TO duration.
By this Law Ia force prior to the yea- 1913
uB0l the allowance By the levy court to
collector III its settlement with him at tAt
Maren session, OF party upon his duaii
cAtC as u dal!aquant, tho practice WIS Il
dcup hls n4rla nom tho assessglrnt iist,GnI
, It t1mainud oil untilthe Eext general nssess
m ut OF persons AMI psrsonGl properly
when It was restored. TalI was in vletu
OF the rule that 1. condition onoj ehpSn t
OK IT, is presumed to n;inno uutll
contrary he ESTABLISHED. II tDa statute ma,
NOT provided thnt there should be II genera
assessment Ot person aud persOnal prJpec
; | (unoaJ Ilts) tna numJ would HAvs re