THE ALIEN SUFFRAGE PROVISION IN THE CONSTITUTION OF WISCONSIN[133]

According to the organic law of Wisconsin Territory, enacted by

Congress in erecting the territory in 1836, only citizens of the

United States were eligible to the franchise (section V, proviso).

About the year 1840, immigrants from Germany, the British Isles, and

Norway became an appreciable factor in the population of the

territory; but the naturalization law requiring a five years’

residence disfranchised this large group of settlers. The situation

grew tense by 1843, especially since the question of statehood was

being discussed, and seemed likely to come to a head in 1844.

Moreover, the matter was complicated by the Native-American agitation

throughout the country. Many openly advocated a twenty-one year

provision for naturalization, and Wisconsin’s foreigners grew restive

under this possibility.

It seemed quite certain that the Wisconsin legislature of 1844 would

pass a law providing for a referendum on the subject of statehood. In

December, 1843, a large public meeting of German citizens was called

at Milwaukee who drew up a petition for the right to participate in

this referendum. This was signed by 1,200 persons, and was probably

the largest petition ever presented to the territorial legislature. It

became impossible to ignore the demand of the foreign settlers. The

Whig and Democratic parties were struggling for the control of the

territorial offices. Wisconsin was normally Democratic by an

overwhelming majority, but the Tyler administration had appointed a

Whig governor, and patronage went with the administration. The Whigs

were accused of alliance with nativism; it therefore became them to

prove the falsity of the charge. The Democrats felt certain of the

foreign vote. The legislature, therefore, on January 22, 1844, passed

“An Act in relation to the qualification of voters for state

government and for the election of delegates to form a state

constitution,” which provided that “all free white male inhabitants

above the age of 21 years, who have resided in said territory three

months shall be deemed qualified, and shall be permitted to vote on

said question” and for delegates to a convention to frame a

constitution.

The referendum vote which was taken in September, 1844, proved adverse

to the question of a state government. There is no means of

ascertaining how many foreigners voted upon the question, but the

entire vote was very light, and the alien voters seem not to have

influenced the decision, which was anticipated by all parties in the

territory.

About the same time the territorial legislature passed the act above

referred to, General Henry Dodge, Wisconsin’s territorial delegate in

Congress, presented to that body a petition signed by 300 citizens in

the western part of the territory praying for a repeal of the proviso

in the fifth section of the organic law of Wisconsin, and for the

passage of a law granting suffrage to every free white male inhabitant

of the age of twenty-one years within the territory, foreigners

included. This is the petition referred to by G. F. Franklin in his

_Legislative History of Naturalization_. The names of the signers of

the petition are not available. We conjecture that they were those of

the Cornish miners of that region, rather than of the American

settlers, because in after debates, the southwest section of the state

opposed the law allowing aliens to vote.

The law of 1844 was at once attacked, and was made the basis of an

attempt to defeat several prominent members of the legislature who had

voted for it. This was especially true in the northeast section where

the reëlection of Dr. Mason C. Darling, a prominent Democrat, was

opposed because of his advocacy of the alien voting law. It was

claimed that the law was unconstitutional, violating both the

Constitution of the United States and the organic law of the

territory. Dr. Darling came out with several long addresses on the

subject, basing the right of aliens to vote on the twelfth article of

the Ordinance of 1787, and on the inherent right of a sovereign state

to form its constitution as it thought best.

Dr. Darling was reëlected, but the legislature of 1845 had hardly

begun its session when a determined effort was made to repeal the law

of the previous session. In the course of the debates Dr. Darling

offered a clause on the declaration of intention as an amendment, and

another member amended the three months to six months. Both of these

changes were accepted by the friends of the bill as compromise

measures to mitigate the opposition. Dr. Darling said in his argument

that he considered the intention declaration as of no consequence,

except as an evidence of actual settlement. This compromise saved the

bill, and the amended act, approved February 8, 1845, reads: “No

person shall hereafter vote upon the subject of state government, or

for delegates to form a state constitution, who shall not have resided

six months within the Territory, and as an additional qualification

shall be a citizen of the United States, or shall have declared his

intention to become such; as the law requires.”

Thus the matter rested until the legislature of 1846 arranged again to

submit the question of a state government to the people. An attempt

was made by the Whig party to amend the law of 1845 and allow only

citizens to vote. The suffrage provision was complicated by

differences concerning negro, half-breed, and Indian suffrage. On the

test vote the law of 1845 was maintained by the strong majority of 19

to 7, nearly all the Democrats voting in its favor.

The constitutional convention met in October, 1846, and the question

of alien suffrage was much debated. Upon the ground that the acts of

1844 and 1845 were both unconstitutional, petitions poured in,

especially from the Southwest, to limit the franchise to citizens of

the United States. The foreigners also availed themselves of the right

of petition, and the able German delegates in the convention created a

favorable impression for alien suffrage. As finally adopted, the

article granted suffrage to one-year residents, and “all white persons

not citizens of the United States, who shall have declared their

intention to become such, in conformity with the laws of Congress for

the naturalization of aliens, and shall have taken before any officer

of this state * * * an oath to support the constitution of the United

States and of this state.”

The constitution of 1846 was rejected by the people. In the

discussion, then, of the provision for alien voters it played but a

small part. The friends of the constitution set forth its liberality

to foreigners and the fact that it acknowledged the equal rights

nature bestowed upon foreign and native-born citizens alike. Opponents

of the constitution set forth on the one hand the over-liberality to

the alien element, and on the other hand the requirement of an

additional oath as an illiberal burden to foreign residents.

In the constitutional convention of 1847-48 the subject of the foreign

franchise occupied a large share of the time of the delegates. The

delegates from the western counties came with a deliberate

determination to limit the franchise to citizens of the United States.

The admission of foreigners to suffrage placed the West in a permanent

minority, as the lake-board and middle sections of the territory had

the bulk of the immigrant population.

The original proposition as brought in by the committee restored the

residence requirement to six months, retained the intention of

citizenship clause, and omitted the special oath. The examples of New

York, Ohio, and Illinois were cited. One member urged that the

one-year requirement was necessary in New York to ascertain the

permanent character of the residence, while all who came to Wisconsin

came for permanent homes and six months was long enough to prove

residence. The effect of the shorter period would be to encourage

foreigners to file their intentions sooner. It was admitted that the

six-months provision was carried in committee by a very narrow

majority.

The attack on the article on alien suffrage was begun by an amendment

to limit suffrage to citizens. It was alleged that the article as

reported by the committee was unconstitutional and would cause

Congress to reject the constitution. In reply the similar provisions

in the constitutions of Ohio and Illinois were cited. The new

constitution of Illinois was cited by both parties to the controversy;

one claiming the change had occurred because of dissatisfaction with

the more liberal provision; the other that Illinois’ new constitution

had not yet been acted upon. Charges were freely made of

demagoguery--that the Democrats were toadying to the foreign vote. In

reply, the Democrats appealed to the liberality and progressiveness of

their party policies, and declared that the aliens, being taxed, were

entitled to vote. The citizen amendment was defeated by a vote of 53

to 16; and the suffrage article as originally reported by the

committee was incorporated into the constitution. With the amendments

required by the amendments to the Constitution of the United States,

the provision was part of the organic law of Wisconsin until 1912.

The Wisconsin Magazine of History, Volume 1, 1917-1918 · 第 172 / 189 题