Early Suffrage Requirements
<|ualif leaf ions for voting were linicli
того
strict «luring tlio time» «>f the Lords Proprie¬
tors than they are at the present time in
North Carolina.
WHILE members of our pres¬
ent State Legislature are
smart, keen. men. possibly
a great many of them, as well as
the citizenship at large, will be sur¬
prised to know that the require¬
ment that regular sessions shall be
held once every two years, comes
to us from the days of the Lords
Proprietors. 1663 to 1729. Possi¬
bly a glance backward to that time,
with a look at the methods fol¬
lowed in the selection of members,
suffrage requirements and other
allied questions, will prove of in¬
terest in these modern times.
The preamble to the Act, which
among other things specified that
sessions of the law-enacting body
should be held once every two
years, was as follows: ‘‘Whereas
his excellency, the Palatine, and
the rest of the true and absolute
Lords Proprietors of Carolina, hav¬
ing duly considered the privileges
and immunities wherewith the
Kingdom of Great Britain is en¬
dued. and being desirous that this
their Province may have such as
may thereby enlarge their settle¬
ment, and that the frequent sitting
of assemblies is a principal safe-
ard of their people’s privileges,
ve thought fit to enact,” etc.
First, “all freemen" in each pre¬
cinct in the colony were to meet at
a place appointed in each precinct
once in every two years, to elect
representatives to the Assembly
(our present Legislature). The
burgesses thus elected were then
required to meet on the first Mon¬
day in November of every second
year. It was within the authority
of the Lords Proprietors to call
special assemblies, and they could
dissolve any assembly whenever
they pleased.
Others Were Restricted
Foreigners, born beyond the
king's realm and "not made free"
(presumably not naturalized).
Negroes, mulattoes, mestces (off¬
spring of a white and a quadroon),
and Indians were not given the
privilege of voting. It was re¬
quired that every voter must be
twenty-one years old, actually a
By LOUIS T. MOGUL
resident in the province for one
year before voting, and that he
must have paid at least one year s
levy, or taxes.
Unlike the present Australian
ballot system in vogue now in
North Carolina, the Colonial voter
was required to vote by a ballot,
signed with his name. The poll¬
ing officer was permitted to ques¬
tion the voter upon his oath, where
there was doubt of qualification, or
apprehension that he might have
voted elsewhere. If the officer at
the polls knowingly received a
vote he knew to be illegal, he could
be made to pay a fine of twenty
pounds to the Governor. The
money so collected was to be ap¬
plied in building a courthouse,
church, or chapel in the province,
as the Governor might direct. Also,
the election officer was responsible
in damages for a like amount, to be
recovered by an action at law in
any general court, at the suit of
any person, "who, by right and
majority of votes, ought to have
been returned."
The polling officer was required
to attend the next Assembly with
his returns, during the first three
days of its sitting, to submit full
information on all disputed claims
to seats, and to produce his origi¬
nal list of voters, made at the time
of the referendum.
Those members of the assembly
who failed to attend the first and
all subsequent days of the session,
were answerable for a fine of
twenty shillings per day. to be
assessed on the speaker’s warrant,
unless the member could obtain an
excuse from the house.
Oaths of Allegiance
Prior to filling his seat, every
member was obliged to take the
oaths of allegiance and supremacy,
the abjuration oath, and all other
legally required promises which
were exacted from a member of
the British parliament. At least
one-half of all the members was
considered necessary for a quorum
for considering and passing bills.
It was specified that no bill was
to be signed by the speaker unless
there were present, at least eight
members, including the speaker as
one member. If eight members as¬
sembled at the opening of a ses¬
sion. they had authority to ad¬
journ from day to day until the
arrival of a quorum. This provision
evidently was made necessary by
the difficult travel conditions which
prevailed in North Carolina nearly
three centuries ago.
Newborn alone was the only
town, as considered apart from the
precinct ruling, which was allowed
representation in the Assembly.
Bath was some years older, as it
had been incorporated in 1705.
Edenton was especially favored by
the Legislature as being "the me¬
tropolis of this government." It
is thought by some students of state
history that both Edenton and Bath
also were allowed representation
as towns.
Qualifications required of voters
in the towns were, inhabiting a
rented house in the town for six
months prior to an election, with
payment of all taxes levied for the
year immediately preceding; or
ownership of a lot. or larger free¬
hold. with a house, in the town,
and a residence of at least one year
in the province.
The representative was required
to have been both a freeholder in
the town, with a residence of at
least one year in the province. Also
he was required to have been both
a freeholder in the town, with a
house on his freehold, and a resi¬
dent in the province for at least
eighteen months previous to the
election.
Later Changes
The qualification of voters in the
precincts also, in the latter part of
the period represented by the
Lords Proprietors, seems to have
undergone quite an important
change. At first "ail freemen," who
had paid one year’s taxes, and re-
23
THE STATE, AUGUST 10. 1946
