The Rhode Island Republican

MISCELLANY.

For the Republican.
MISCELLANY.

For the Republican.

THE LAW OF SUFFRAGE. NO. I.

That a revision of many of our statute laws is highly necessary, must appear obvious to every discerning mind. Some of them, framed in former times, and under the influence of a government different from that which we now enjoy, were founded on principles which are no longer recognized by a free people. Others are proved by experience to be imperfect and ineligible, and not suited to the present improved state of society. Hence an amendment, or rather a radical alteration, appears, in numerous instances, to be absolutely requisite. The subject certainly demands serious attention, and it is hoped our legislature will consider it with that regard which its importance seems to require.

To take a survey of the whole of our municipal laws, and point out the various defects which seem to pervade a great portion of them, would be a laborious task. The attempt would undoubtedly be useless, as such a general change would meet the united opposition of ignorance, prejudice, self interest, and the corrupt views of designing characters. This improvement must be a work of time, gradually subverting tyrant custom and long established errors. The period, however, having arrived, when a reform may be begun with advantage, we have presumed to offer some brief remarks on the law regulating the admission of freemen and the election of officers.

The present law respecting the subject directs that a person, in order to be made free, shall be in possession of freehold estate of the value of one hundred and thirty-four dollars, or be the eldest son of such a freeholder. No person, not possessing such estate, or being fortunate enough to be the eldest of such a freeholder, can be a freeman, or enjoy the immunities of freemen. He must remain in a passive condition, and subjected to the control of laws and regulations emanating from those who are no more wise, virtuous, or patriotic than himself. He is deprived of essential rights which nature, by her high behest, destined him to enjoy, but which the ruthless hand of power wantonly withholds.

The framers of this law were not so guarded as the framers of the election law in several of the other states. We no where find the restrictive clause, "white males," or its equivalent. We cannot, however, help thinking that this was the intended meaning of the writer who penned the statute. If it was, his ideas outrun his pen. But as the statute now stands we perceive nothing that can operate to prevent a black person from being admitted to the elective franchise. If he be really possessed of a freehold estate, agreeably to the provision of the act, no power exists that can legally hinder him from being invested with the privilege of voting. Before he can be debarred the exercise of this right, the statute must undergo legislative revision. Therefore, the dubbing of a negro in Portsmouth, to assist the federal interest, in the beginning of 1811, was perfectly legal, notwithstanding the mighty fuss made about it by the republican party. The federalists, for once, acted worthy of themselves, and consistent with law; and had they manufactured all the Negroes and Indians in the state into freemen, possessing a quantum sufficit of property, they would have been justified by the very letter of the statute. Indeed, it was an egregious blunder in them that they did not. It would have greatly aided their cause, added strength to their phalanx, and respectability to their character.

Under the regulations of the present law, a feme sole, who is seized of a freehold estate, may participate in the elective franchise. Indeed the State of New Jersey exhibits a precedent of the kind. Women in that state, in possession of property of the value of one hundred and thirty-four dollars, are entitled to and exercise the privilege of voting. This is, however, a solitary instance in the United States. But we can perceive no reason why the same custom should not obtain in this State. Our law contains nothing prohibiting it; and certainly there are many more capable of exercising this prerogative with discretion, than a great number of our own sex.

For our own part we should be highly gratified for the females to assume the exercise of this immunity. We should then engage in the business of electioneering with peculiar pleasure, alacrity and zeal. We are also induced to believe that some advantage would result to society, as it would probably be the means of lessening the instances of celibacy. Bachelors would find an excellent pretence of introducing themselves into the society of the fair and while then soliciting a suffrage, might be emboldened enough to solicit a hand; when, perhaps, they would otherwise be so diffident to introduce a subject of so tender and delicate a nature. If the fair elector should happen to differ from himself in politics, he might be induced to destroy her vote by the talismanic power of matrimony.