It follows, therefore, that the race distinctions to be considered in this chapter exist, not in conformity to law, as in the case of separate schools and public conveyances, but in defiance of law or by legal subterfuges, and are properly called discriminations. NEGRO SUFFRAGE BEFORE 1865 The suffrage requirements as to race up to 1865 serve as a background for the events after that date. A review[661] of the acts of territorial government and State Constitutions of the Territories and States of the United States reveals the following facts: Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont appear not to have had any race distinctions in suffrage. Alabama, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nevada, Ohio, Oregon, South Carolina, and West Virginia never permitted any but white males to vote at any time between the Revolution and 1865. The Constitutions of Kansas[662] of 1855 and of Minnesota[663] of 1857 permitted civilized Indians to vote, though the same privilege was not extended to Negroes. Kentucky,[664] in 1799, gave the suffrage to “free” persons, but expressly excepted Negroes, mulattoes, and Indians. Texas,[665] in 1845, gave the right to vote to free male persons but excepted Indians not taxed, Africans, and descendants of Africans. Besides the above-named States which either made no race distinctions at all or else always made distinctions as to Negroes, several States, at one time or another, extended a limited suffrage to Negroes. The Constitution of New York[666] of 1821, giving the right to vote to male citizens, had the provision that “no man of color, unless he shall have been for three years a citizen of this State, and for one year next preceding any election shall be seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon, and shall have been actually rated and paid a tax thereon, shall be entitled to vote at any such election.” There was no property test for white voters. The Constitution[667] of 1846 had the same provision about Negro voters. The question of equal suffrage to Negroes was submitted[668] separately in 1846, and rejected by a vote of 85,306 to 223,834. It was again submitted in 1860, with like result, the vote being 197,503 to 337,984.