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tion. The latter amendment forbi susto of the vote on account of race, color, or ↑ servitude. The former stipulates that whe ral purposes, denies the suffrage' to adult resentation in the House of Representati proportionately; but as this provision re practical effect has not been to secure

In the original states, the property
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may be illustrated by some passeres
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the suffrage by the followin97
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offer to vote; and shall have, veit sin
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or being armed and equiped are
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state; or who shall he rye, stud
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this state; and also, every
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n which the trithe acceptdiets, designed to distinctions.1 as in the grip of colage was tried with en ludicrous if love of the northern whites deterda shed and been newly mooners jevios, hardly shot of the federal og perhaps Among these desante, imposing wood or whose

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of the franchise, there came a remarkable decline of confidence in representative assemblies. This decline is written large in every state constitution framed since the first quarter of the nineteenth century. The reckless and corrupt manner in which legislatures bartered away charters, franchises, and special privileges to private corporations led our constitution-makers to provide long and detailed lists of matters on which the legislatures are absolutely forbidden to act. To secure publicity, and prevent sinister influences from working by secret methods, the newer constitutions contain provisions controlling legislative procedure. Extravagance and recklessness in laying taxes and making appropriations have brought about a series of provisions placing limits upon the borrowing power of our state legislatures.3 Constant interference with the local affairs of cities has been met by numerous devices designed to safeguard municipal autonomy. In every state, except one, each legislative act must now be approved by the governor, and if it is vetoed it must be repassed, generally by an extraordinary majority, before it can become a law. Finally, the crowning act of distrust in the integrity and responsibility of the legislature has been manifested by the establishment, in many states, of the initiative and referendum, which gives to the voters the right to make laws without even the intervention of the legislature.5

With this growing distrust in representative assemblies has come a remarkable increase in the confidence displayed in executive authority. As a result of the bitter conflicts between colonial legislatures and royal governors, the early constitutionmakers had come to distrust the executive and to fear its transformation into a monarchy through usurpations. So great was their apprehension at the outset, that they empowered the legislature even to choose the governor in all of the colonies except New York and Massachusetts, where he was elected by popular vote. His term of office was usually fixed at one year; in most cases he was even deprived of the veto power; and in the exercise of such authority as was given him he was often controlled by a council. In Pennsylvania, for example, the governor bore the more democratic title of president; he was elected by a joint ballot of the general assembly and the 1 See below, chap. xxv, and Readings, pp. 84, 458. Readings, p. 457. 'Ibid., pp. 459 ff. Ibid., p. 512.

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Ibid, pp. 413 ff.

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question of the organization of the courts and distribution of jurisdiction principally to the legislature. In the beginning of our history, the judges of the higher courts were universally appointed, and held their offices during good behavior. Most of our constitutions, however, now provide that judges shall be elected by popular vote, usually for short terms. Only a few states have retained the ancient system.

In some of the newer states, we find radical departures from the traditional Anglo-Saxon legal doctrines. For example, in Oklahoma, prosecution by grand jury has been partially set aside in favor of prosecution by information; in county courts and courts not of record the petty jury is to consist, not of twelve, but of six men; and in civil cases and criminal cases involving crimes less than felony, unanimous verdict is not required, but three-fourths of the whole number of jurors may render a verdict. The ancient rule of law that a person is not required to give evidence tending to incriminate himself when testifying against any other person or corporation is abrogated in Oklahoma; and every person accused of violating or disobeying an injunction out of the presence or hearing of the court is entitled to trial by jury the right of a hearing being guaranteed in all cases before the imposition of any penalty or punishment for contempt. In order to expedite judicial business, a few states have resorted to the drastic device of refusing to pay the supreme court justices until they have finally decided the cases before them; and Oklahoma provides that they must render an opinion in every case within six months after it has been submitted.

The Multiplication of Elective Offices

We began our political history with a small number of elective offices a short ballot. Under the first constitution of New York (1777), the governor, the lieutenant-governor, and the members of the legislature were the only state officers elected by popular vote; all others were selected by the council of appointment, consisting of the governor and four senators chosen by the assembly. Even sheriffs, county judges, and other county officers were appointed in the same manner. The first constitution of Virginia vested the choice of the members of the legisla

1 Readings, pp. 87 ff.

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