CHAPTER V. TERM OF MEMBERS OF THE HOUSE OF REPRESENTATIVES. § 49. Term of Members of the House of Representatives. THE Constitution provides that "The House of Representatives shall be composed of members chosen every second year." The history of the English Parliament and of the extension of its term from two to seven years by the Septennial Act under George I, in order to defeat the will of the people,2 had taught the framers of the Constitution the importance of limiting the duration of the term of members of Congress. The necessity of the adjudication that a statute was void which extended a legislative term beyond the limits of the Constitution, seemed to the men of that time the strongest argument in support of the power of the courts to declare an act of the legislature unconstitutional.3 Their caution was proved wise by the action of the French National Convention in continuing the greater part of themselves in the legislative assembly which they established in their constitution of 1795. Had no such safeguard been inserted in the Constitution of the United States, there can be little doubt but that at least the Federal Congress at the close of the administration of Adams, and perhaps later ones would have continued themselves in office, under the conviction that this was indispensable to the public welfare. The terms of the colonial assemblies were fixed by law, and varied from six months to seven years. When the first State constitutions were adopted, Rhode Island and Connec § 49. 1 Constitution, Article I, Section 2. 2 A. D. 1717, Hallam's Constitutional History, Widdleton's American Ed., vol. iii, p. 228. 3 Den d. Bayard and wife v. Singleton, 1 Martin (N. C.), 42. 4 The Federalist, No. li. ticut continued under their old charters and former practice of semi-annual elections. The other States, except South Carolina, where they were biennial, had annual elections.5 Delegates to the Congress under the Confederation were annually appointed as the State legislature directed, subject to recall at any time, and ineligible for more than three years out of six. The term of two years was chosen by the Federal Convention as a compromise between the advocates of annual elections and those who wished the old English practice of a triennial term.7 This feature of the Constitution was perhaps that most attacked when it was before the people for ratification. The Federalist found it necessary to devote an entire number to the consideration of the phrase of the day, "that where annual elections end, tyranny begins." 8 The dangers feared from a long term were ignorance of the wants of the constituents, and attempts at a perpetuation of power. The advantages anticipated were the wisdom to be derived from experience, and the opportunity to mature measures which might require a considerable period of time for their perfection. In practice, the term has been found to be subject to more criticism for its brevity than its length; and the pres The Federalist, No. lii. 6 Articles of Confederation, V. Mr. 7 The first vote was in favor of a triennial term. New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and Georgia, 7; Massachusetts (Mr. King, ay, Mr. Gorham wavering); Connecticut, North Carolina, and South Carolina, no, 4. Madison seconded the motion for three years. "Instability is one of the great vices of our Republic to be remedied. Three years will be necessary in a government so extensive, for members to form any knowledge of the various interests of the States to which they do not belong, and of which they can know but little from the situation and affairs of their own. One year will be almost consumed in preparing for, and travelling to and from, the seat of national office." Mr. Gerry: "The people of New England He will never give up the point of annual elections. They know of the transition made in England from triennial to septennial elections, and will consider such an innovation here as the prelude to a like usurpation. considered annual elections as the only defense of the people against tyranny. He was as much against a triennial house as against an hereditary executive." (Madison Papers, Elliot's Debates, 2d ed., pp. 183-184.) Nine days later the term of three years was stricken out. Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, ay, 7; New York, Delaware, Maryland, no, 3; New Jersey, divided. The term of two years was then inserted, nem. con. (Ibid., pp. 224-226. 8 No. liii. ent tendency of State constitutions is to lengthen the terms of both legislative houses. In a majority of the State legislatures, assemblymen are elected for two years, and State senators for four. In Louisiana, the terms of members of both houses are four years. It is the practice in many congressional districts, where one party is in a large majority, to give to each satisfactory member an election to a second term, and then to elect another from a different part of the constituency. Thus rotation in office is the rule. "In Belgium, representatives are elected for four years, one-half of the house being renewed every two years, and senators for eight years, one-half the senate being renewed every four years; and both houses being entirely renewed upon a dissolution (Articles 51, 55). In France, deputies for four and senators for nine years, the latter body being renewed by thirds; and the terms of both are determined by a dissolution (Law of Nov. 30, 1875, Article 15; Law of Dec. 9, 1884, Article 7). Members of the German Diet are elected for three years, unless sooner dissolved (Constitution of Germany, Article 24). In Prussia, members of the Second Chamber for five years, unless sooner dissolved; members of the First Chamber are appointed by the crown for life, or with the power of hereditary transmission (Articles 65, 69, 73). In Switzerland, members of the National Council are elected for three years (Article 76). In the Republic of Colombia, representatives are chosen for four years and senators for six, the senate being renewed by thirds (Articles 95, 101). In Ecuador, representatives for two years and senators for four, one-half of the senate being renewed every two years (Articles 58, 59). In Honduras, deputies for four years, one-half every second year (Article 39). In Mexico, deputies for two years and senators for four years, one-half of the senate every second year (Articles 52, 58). In Venezuela, deputies and senators for four years (Article 21). In the Argentine Republic, deputies for four years, one-half every second year, senators for nine years, one-third every third year (Articles 42 and 48). In Brazil, deputies for three years with a guaranty of minority representation, senators as in the Argentine (Articles 17, 31). In Japan, membership in the House of Peers is hereditary or for life on appointment by the Mikado. The diet seems to be chosen every year and also upon a dissolution (Articles 34, 35). The Hawaiian constitution is similar to that of the United States in this respect (Articles 39, 54). CHAPTER VI. THE RIGHT OF SUFFRAGE. § 50. Provisions in the Federal Constitution concerning the Right of Suffrage. THE regulation of the right of suffrage in a republic corresponds to that of the succession in a monarchy; for it determines the rulers of the country. It was the intention of the framers of the Federal Constitution to leave to the States the unrestricted power over the right of suffrage within their respective borders, provided that the form of government remained republican. The only provision upon the subject which they inserted was the section following that which has been last considered: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” 1 1 This remained unchanged till after the close of the Civil War, when, by the Fifteenth and last Amendment, it was ordained: "SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. "SECTION 2. The Congress shall have power to enforce this article by appropriate legislation." § 51. History of Constitutional Provisions as to the Right of Suffrage. The qualifications for the right of suffrage were different in the different colonies. In some, the ownership of a freehold, and in others that of a small amount of personal property was required. In others again the right depended upon the payment of taxes. At § 50. 1 Constitution, Article I, Section 2. one time, in New Haven and Massachusetts, only church members had the right of suffrage. In Rhode Island, only freeholders elected freemen of the towns, and their eldest sons.1 In all the franchise was confined to freemen, and in most to whites; but in a few it seems that those with the other necessary qualifications were not excluded on account of color.2 Similar diversities existed in the State constitutions at the time of the Federal Convention. All religious qualifications had been then abolished except in South Carolina, and the franchise more liberally extended; in five States to freemen of the African race, and in one to women who possessed the other qualifications; but nowhere to all free males. Except perhaps in Rhode Island, the right could only be exercised by freeholders, taxpayers, or the owners of a small amount of personal property; 5 but no approach to uniformity could be found; § 51. 1 Poore's Charters and Constitutions, and the colonial statutes of Rhode Island, collected in a note to 12 R. I., Appendix, p. 594. 2 See the dissenting opinion of Mr. Justice Curtis in Dred Scott v. Sandford, 19 How., 393, 573, 574. 3 New Hampshire, Massachusetts, New York, New Jersey, and North Carolina. State v. Manuel, 4 Dev. & Bat. (N. C.), 20; Commonwealth v. Aves, 18 Pick. (Mass.), 210; dissenting opinion of Judge Curtis in Dred Scott v. Sandford, 19 How., 393, 572-574 and citations. 4"Lucy Stone and H. B. Blackwell, citizens of New Jersey, have made an investigation, the result of which is remarkable, and proves that previously to 1776 only men voted, but that in 1776 the original State constitution conferred on all inhabitants (men or women, white or black), possessing the prescribed qualifications of £50 clear estate and twelve months' residence, and this constitution remained in force until 1814. In 1790, the Legislature, in an act regulating elections, used the words, 'he or she,' in reference to voters. In 1797, another act relative to electors repeatedly designates the voters as 'he 4 or she.' In the same year, 1797, seventy-five women voted in Elizabethtown for the Federal candidate. In 1800, women generally voted throughout the State in the presidential contest between Jefferson and Adams. In 1802, a member of the legislature from Hunterdon County was actually elected, in a closely contested election, by the votes of two or three women of color. In 1807, at a local election in Essex County, for the location of the county seat, men and women generally participated and were jointly implicated in very extensive frauds. In the winter of 1807-8, the legislature, in violation of the terms of the constitution, passed an act restricting suffrage to free white male adult citizens, and, in reference to these, virtually abolished the property qualification of £50, thus extending it to all white male tax-payers, while excluding all women and negroes. In 1820, the same provisions were repeated and remained unchanged until the adoption of the present Constitution in 1844." (New York Tribune, quoted by McPherson, History of the Reconstruction, p. 258.) 5 The early regulations upon the |