Publications of the Mississippi Historical Society, Volume 01 (of 14), 1898Mississippi Historical Society
History
Publications of the Mississippi Historical Society, Volume 01 (of 14), 1898
Mississippi Historical Society
Mississippi -- History
elector of a representative."
With all due respect to the fathers, nothing in statutory language
could be more awkward; the reading of it, however, will serve to remind
us that the modern legislator cannot claim originality for his habitual
use of the word "provided" as introductory to amendments, and with
which to string his ideas together.
The last of the three provisos is necessarily a limitation on the "free
male inhabitants, of full age," mentioned at the beginning of the
section, since there is no provision in the ordinance for the election
of any officers save representatives to the general assembly; all other
officers in the scheme of government here provided were appointive. An
analysis of the laws of 1787, which evidently must be basis of suffrage
in a number of states as well as Mississippi, shows that to entitle
a person to vote under our first suffrage law he must have been (1)
Free, (2) Male, (3) of full age, presumably 21 years, (4) citizen of
the United States and resident of the Territory or a resident for two
years in the Territory and (5) Freeholder of fifty acres of land in the
district.
While this organic law was in force, of course the territorial
legislation was confined, so far as concerns our subject, to municipal
suffrage, but I have thought reference thereto not without the scope
of this paper, since such legislation, perhaps more than any other,
being untrammeled as a general rule by unyielding constitutional
restrictions, throws light upon the spirit, temper and thoughts of the
people on the subject at the time of the enactment.
Public-domain text, read in full here on John Shaqi.
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