constitution, and who shall have resided within this state for six months. "3rd. Persons, not citizens of the United States, who at the time of the adoption of this constitution by the people were actual residents of Wisconsin, and had declared their intention to become citizens of the United States, in conformity with the laws of Congress for the naturalization of aliens, and who shall have actually resided within this state for six months. "Section 3. No person under guardianship. or non compos mentis, insane, or convicted of treason or felony, shall be permitted to vote at any election, unless restored to civil rights by law, or by removal of natural or other inability." Six days later, the convention, in committee of the whole, took the proposed article under consideration. It elicited much debate, chiefly on two provisions: the granting of the elective franchise to unnaturalized foreigners, and to the negroes. Judge Dunn, of Lafayette, offered as an amendment to the committee's report, this substitute for section one: "In all elections, every white male citizen above the age of twenty-one years, having resided in the state one year next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of the state at the time of the adoption of this constitution, shall have the right of voting aforesaid. "2 The next day a long debate on the subject engaged the attention of the convention. Dunn's sympathies were with the foreigners, for his father was a native of Ireland." The majority, however, opposed it, and perhaps the report of Mr. Rountree's remarks will sum up the views of the majority who voted against the amendment: "Native citizens Ibid., p. 147. See also, Fathers of Wisconsin, p. 204. Jour. Const. Conv., 1847-48, p. 179. were required to reside in the country twenty-one years before being allowed to vote. He had not heard any one, not even the most progressive, propose to shorten the term of residence required of the native citizen. No one had moved to reduce the term required of a citizen from twentyone to eighteen or sixteen years; and yet he believed that a native citizen was as well qualified to vote understandingly after a residence of sixteen or eighteen years as the foreigners could be after a residence of five years." The discussions on negro suffrage are more interesting, and particularly when considered in connection with the popular vote on the subject the spring before. Mr. Estabrook, of Walworth, first broached the subject by moving to insert a section granting universal suffrage to all in the Territory, and leaving the further regulation of the matter to law. He said, in introducing it: "Among the resolutions passed by the whig convention of that [Walworth] county one year ago last fall, was one instructing their delegates to go for universal suffrage, etc., and he had good reason to believe that one half of the democratic party of that county were in favor of the same principle." Mr. Estabrook came of Puritan ancestry, and it is said that he "took a position far in advance of his party at that time," particularly, it seems to me, in his later speeches. A motion to strike out the word "white" was lost (22 to 45), but Mr. Estabrook, who had voted against striking out "white," offered an amendment adding this proviso: "Provided, however, That the legislature shall at any time have the power to admit colored persons to the right of suffrage on such terms and under such restrictions as may be determined by law." He said, in explanation of his motion, that "when he first came to this Territory, seven years ago, a corpora 's guard could not be found to 1 Ibid., p. 130. Ibid., p. 130. Fathers of Wisconsin, p. 212. 'Jour. Const. Conv., 1847-48, p. 145. 5 Ibid., p. 180. favor colored suffrage. Since then the public mind had. been progressing. Last spring the county of Walworth gave about four hundred majority in favor of it; Racine gave a majority for it; Rock and Milwaukee gave a large vote for it; and Waukesha gave a majority in favor of it; and what he asked was, that when the public mind had advanced to a point where a majority should be in favor of abolishing this odious distinction, that then that majority should not be bound, hand and foot, by constitutional prohibitions." The amendment was adopted by a vote of 35 to 34, but the following day it was reconsidered (34 to 35).* Three projects were submitted for the future admission of colored men to participation in the rights of citizenship; a fourth, which was finally adopted, omitted the word "colored" and substituted therefor "persons not herein mentioned," as likely to be more acceptable to the people." The people of the state voted in 1849 to extend the right of suffrage to colored people. The validity of the amendment was contested, and it was not till 1866- seventeen years later that the courts sustained its binding force." Almost any old citizen of Wisconsin can cite instances where colored men, although not legally entitled to vote, voted regularly; and a Milwaukee newspaper, a few months ago, recorded the death of a negro who had been on a jury before the War of Secession. The cclored population of Wisconsin has always been so small that the question has simply been one of principle. The entire article on suffrage, as it stood in the constitution until 1882, passed in the convention by a vote of 52 to 13. By it all white citizens of the United States, white Ibid., p. 183. Ibid., p. 201. It may be interesting to note here that in 1886 suffrage was, under this provision, granted to women in school elections. (Laws of Wis., 1885, ch. 211.) 'See Turner, The Gerrymander in Wisconsin (2nd ed., p. 8). 'Jour. Const. Conv., 1847-48, p. 210. The rial Convention the result of a people's movement in Brown and Dane counties met at Madison; and the next day, at the same place, the "Democratic Territorial Convention," the outcome of the Mineral Point meeting. first nominated Judge Doty for delegate, and the second Byron Kilbourn. Each of these conventions expressed its opinions of the other in a series of resolutions, which at the present date appear more ridiculous than dignified or forceful.' Hardly was the Territory organized when an agitation for state government was begun. In his messages to the legislatures of 1838-39, and 1839-40, Governor Dodge recommended that the question be submitted to the people." The three succeeding years it was defeated by overwhelming majorities, and the next two years the bills for submission were defeated in the legislature. In connection with the election of 1844, negro suffrage was for the first time brought to public attention. The petition of six colored men was presented in the council, praying that the right of suffrage be extended to all persons holding real estate in the Territory, or taxable property to the value of one hundred dollars. It was referred to a select committee, who reported an amendment to the bill regulating elections, which amendment failed of adoption. In the house a similar petition was presented, and referred to a committee, which reported that "it is not expedient to legislate on the subject." 3 4 During the year 1845 the fact that the people wanted a state government became apparent, and early in 1846 the preliminary measures were passed by congress and the Territorial legislature. On the 5th of January, 1846, the legislature convened at Madison. Governor Dodge submitted his message, and as much of it as related to state 1 Ibid., p. 293. House Jour., Wis. Terr. Legis., 1838, p. 6; 1839, p. 9. 2 3 government was referred to a committee,' which submitted an able report in favor of early state formation, accompanied by a bill for the purpose. This bill, amended in some of its details, became a law. Under its provisions, "every white male inhabitant above the age of twenty-one years, who shall have resided in the Territory six months next previous thereto, and who shall either be a citizen of the United States, or shall have filed his declaration of intention to become such according to the laws of the United States on the subject of naturalization," was authorized to vote for or against the formation of a state government on the first Monday of April, 1846. If the majority were for state government, the governor was to make an apportionment of delegates among the several counties for a convention to form a state constitution. The delegates having been duly elected were to meet at the capital on the first Monday of October, with full power to form a constitution, which should be submitted to the people for ratification, in such manner and at such time as the convention should prescribe." 6 The vote of the people was about six to one in favor of state government, and accordingly the constitutional convention of 1846 assembled. Among its members were many who later obtained prominence in local affairs, and some who are not unknown throughout the United States. After the usual organization and preliminary business there were appointed twenty-two committees. The report of the committee on suffrage and the elective franchise was the second to engage the attention of the delegates. Unfortunately the debates on the suffrage were in the committee 1 Ibid., pp. 29, 32. 2 Council Jour., Wis. Terr. Legis., 1846, pp. 44, 333. Laws of Wisconsin, 1846, pp. 5-12, sec. 1. 4 Ibid., sec. 11. Ibid., sec. 16. Council Jour., Wis. Terr. Legis., Oct., 1847, p. 60. 'See Tenney and Atwood, Fathers of Wisconsin, containing biographical sketches of members of the two constitutional conventions. * Jour. Const. Conv., 1846, pp. 18, 19, 29. |