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prescribed a residence of two years in the State, and twelve months in the county, city, or town, as a qualification to vote.

(3) In West Virginia.-West Virginia (1863) prescribed a residence of one year in the State and thirty days in the county, as a qualification for voting. The new Constitution of 1872 left the requirement unchanged, except that sixty days' residence is required in the county.

(4) In Municipalities.-The period of residence required in incorporated cities and towns, in order to vote in the munici. pal elections, is usually six months, if otherwise qualified to. vote in state elections; but in some charters the period is longer.

9. Miscellaneous.-There are a few minor qualifications that may be classified most conveniently under the head of miscellaneous. Persons of unsound mind and paupers were for the first time specifically excluded from the right of suffrage by law in 1830, although it is not probable that they often voted before this time. The same provision has been continued in every Constitution of Virginia and West Virginia since. In 1830 Virginia enacted by Constitution that the right of suffrage should not be exercised by a "non-commissioned officer, soldier, seaman, or marine, in the service of the United States." It would seem they were disfranchised even though residents of Virginia. The same language was repeated in the Constitution of 1850, but another clause was inserted that "no person in the military, naval, or marine service of the United States, shall be deemed a resident of the United States by reason of being stationed therein." would allow resident officers to vote but no other.

This

West Virginia in her first Constitution (1863) made no limitation on the subject, and in 1872 merely wisely provided that no person in the military, naval, or marine service of the United States, shall be deemed a resident of the State by reason of being stationed therein." Disfranchisement in any

form has never been sustained by the judgment of the libertyloving men of the mountains and valleys of West Virginia.

10. Summary. Thus we see how the question of the suffrage has gone through many phrases from the first exercise of the right in Virginia in 1619, to the present time: (a) first; all the inhabitants or freemen voted (1619-1655); (b) then none but housekeepers voted (1655-1656); (c) then the freemen again (1656-1670); (d) then the freeholders only (1670-1676); then the freemen once more, (1676-1677); (f) then freeholders only, again (1677-1850); (g) then the freemen once more, but with a proviso for representation upon a property basis (1850-1863); and (h) finally, the complete realization of free manhood suffrage under the Constitution of West Virginia.

"Jefferson is often called the father of modern American democracy; in a certain sense the Shenandoah Valley and adjacent Appalachian regions may be called its cradle." But "in that rude frontier society," which clustered on the mountain tops and in the valleys between the Appalachian range and the Ohio River, "life assumed many new aspects, old customs were forgotton, old distinctions abolished, social equality acquired even more importance than unchecked individualism."

CHAPTER XXXI.

HOW ELECTIONS WERE CONDUCTED.

1. Introductory.-The Puritan colonies, the two Jerseys, Pennsylvania, Delaware and the Carolinas used the ballot from the beginning, which, although it differed materially in form in the several communities, nevertheless attained the chief end of secrecy. Virginia, always more or less under royal rule, naturally followed a system of elections similar to that in vogue in England. The ballot was not used; and it was not introduced into English Parliamentary elections until 1872. The only officers elected in Virginia in colonial times were members of the General Assembly. Indeed they were the only officers elected by the people of Virginia before 1850. All others were appointed in some manner, or elected by the General Assembly.

2.

Calling Elections.-The commissions and instructions issued to the royal governors usually authorized the calling of assemblies by means of writs of election directed to the sheriffs. When burgesses were once elected in pursuance of these writs, they continued to hold office until the General Assembly was dissolved by the Governor. This he might not choose to do every year; but instead, might prorogue the assembly from time to time, and thus continue the same members for an indefinite term. Finally, in 1762, it being found "by long experience that frequent new assemblies tend greatly to the happiness and good government of the colony," it was enacted that writs of election should be issued "for calling, assembling, and holding a new General Assembly within three years at the farthest from and after the

determination of every General Assembly." Writs of election were signed by the Governor, under the seal of the Colony, and delivered to the Secretary, who in turn was to convey them to the sheriffs, within a limited time; and the sheriffs were required to hold the elections in a manner described hereafter.

But in our day general elections are held at times and places established by law, so that no call or notice of an election is ever necessary, except in case of a vacancy. The Governor fills vacancies in state offices until the next general election. Vacancies in minor offices are usually filled temporarily by the courts until the next general election at which the vacancy is filled for the unexpired term. of election to fill a vacancy in the ing the recess of the Legislature. the Senate during the session the President of the Senate issues the writ; and if it occurs in the House during the session the Speaker issues the writ.

The Governor issues a writ
Legislature occurring dur-
If the vacancy occurs in

3. Publication of the Writ.-It is necessary that voters should have notice of the time and place of elections. The original custom in Virginia required the sheriff to go from house to house, within ten days after receiving his writ, and to give six days notice of the election, much after the manner in which he now goes from house to house to summon jurors and witnesses. But it is evident this plan did not prove satisfactory. In 1661 an act of assembly recites that "Whereas frequent complaints are made by the people that they have no notice of the time appointed for election of Burgesses and by that means are deprived of giving their voyces in the election of their owne representatives," it was therefore enacted, "that the sheriffes of the respective countyes shall upon the receipt of the writts cause coppies thereof with the day appointed for the election indorsed to be sent to the minister or reader of every parish in their county, who is to read the same to the people two Sundays successively, both

in the Church and Chappelle of ease to itt belonging (to the end that no person may pretend ignorance) and returne the same to the sheriffe with his attestation subscribed that he hath published the same according to this act." Fines rang

ing from 200 to 2,000 pounds of tobacco were imposed for neglects of duty under the act. Other laws were passed at different times concerning elections, but they did not materially alter the manner of publication of the writs.

In case of special election the sheriff was required to send a notice of the time and place to every freeholder in his county, and to hold the election as soon as possible after the receipt of the writ.

Under the states it has come to pass that both time and place of all regular elections are fixed by law, and every voter must take notice of the law; but in case of a special election to fill a vacancy publication of notice in newspapers is usually provided for by law.

4. Time of Elections.-In early times elections in Virginia were held on the regular monthly court day of some specified month. There is nothing to warrant the conclusion that elections were held within certain hours, as was the case in some of the Puritan colonies. It seems to have rested in the discretion of the sheriff to keep the poll open from day to day until satisfied that all who desired to vote had done so. This custom was confirmed by act of assembly in 1762, so that the sheriff was required, in case the poll was not completed "before sun setting on the day of election," to adjourn the poll until the next day; and in some instances—such as rain or flood-from day to day for as much as four days. Proclamation of adjournment was made from the door of the court house.

In 1798 "the third Monday in March of every year" was fixed as a uniform day of elections throughout the Commonwealth. This is the first instance in Virginia in which a uniform day of elections was established. In 1830-31 it was provided that "the poll shall not be opened ... sooner than

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