In 1735, a new basis for the suffrage was established. Freemen were
disfranchised, but the suffrage was indiscriminately given to freeholders
who owned fifty acres of land.[42] The exclusion of negroes, mulattoes,
and Indians prevalent in the act of 1715, was abolished. Land-holding and
not color was the basis of the suffrage. The only additional change in
the suffrage qualification before the Revolution was made by the act of
1751, which required freeholders to be twenty-one years of age in order
to vote.[43]
The North Carolina constitution of 1776 granted the franchise to all
free men without regard to race or color with the single limitation
of residence.[44] This was the franchise law that was extended to the
Southwest Territory by the Act of Cession of 1790, which stated, “that
the laws in force and use in the state of North Carolina at the time
of passing the act, shall be, and continue in full force until the same
shall be repealed, or otherwise altered by the legislative authority of
the said Territory.”[45] Congress accepted the Territory on the above
condition.[46] The suffrage was not changed by the legislature of the
Southwest Territory.
The basis of the suffrage remained unchanged from the establishment of
the Constitution of North Carolina in 1776 to the establishment of the
Constitution of Tennessee in 1796. However, the Revolutionary State of
Franklin, which flourished in western North Carolina from 1784 to 1788,
proposed a constitution that gave the suffrage “to every free male
inhabitant” who was twenty-one years old.[47] This is significant because
it was an independent expression of the people in the territory that
later became Tennessee.
B. _Suffrage in the Convention of 1796._
Public-domain text, read in full here on John Shaqi.
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