VI. Precedents.—The legislature has repeatedly corrected this practice by express enactments securing freedom to various portions of the people.
(a). Constitutional Convention, 1801.—The act calling this convention extended the suffrage for members of that body—the highest officers of the State—to "all free male citizens over twenty-one years of age," while the constitution secured suffrage only to male holders of and actual taxpayers on a fixed amount of real estate (Session Law 1801, ch. 69, p. 151; constitution of 1777, do., 1, 39).
(b). Constitutional Convention, 1821.—The act providing for the convention that framed the constitution of 1822, while the existing constitution (as above) only specified as entitled to vote, holders of and taxpayers on a fixed amount of real estate—this act allowed all freeholders, however small the value of their holdings, all actual taxpayers, all officers and privates, ex-officers and ex-privates, in militia or in volunteer or uniform corps, all persons exempt by law from taxation or militia duty, all workers on public roads and highways, or payers of commutation for such work; to vote on the question whether the convention should be held, to vote in the choice of delegates thereto—again for the highest officers of the State—and to vote on the question of adoption of the new constitution—to exercise a voice in framing the State's fundamental law. The council of revision, including the governor, which opposed and defeated part of this act, made no objection to this feature (Session Laws 1821, ch. 90, p. 83).
The vote for governor, 1820, was 93,437—the largest ever cast in the State. That on the question of calling the convention in 1821 was 144,247. One act of the legislature thus enfranchised fifty thousand persons. The vote on the new constitution stood: For, 74,732; against, 41,402; majority for, 33,330. Thus the votes of fifty thousand persons—enfranchised, not by the constitution but by the legislature—carried the adoption of a new constitution, which further secured to them the freedom which the legislature had opened to them. The vote for governor in 1824—the next hotly-contested election—was 190,545; so that the immediate effect of the legislature's act was to add 97,108 persons to the constituency—to make a mass of new voters who outnumbered those specified by the constitution.
(c). Aliens Voting.—The constitution specifies none but "citizens" as entitled to vote; yet the legislature, by a school law of many years' standing, allowed aliens to vote for school functionaries, on filing with the secretary of state notice of intention to become naturalized (1 R. S., art. 2, § 1, p. 65; 2 R. S., 63, § 12; 2 R. S., 1,096, § 31).
(d). Northfield.—The proprietors of swamp-lands in the town of Northfield, Richmond county, were authorized to elect directors of drainage, without any restriction or qualification but ownership (Session Laws 1862, ch. 80, § 2, p. 233).
(e). The taxpayers of Newport, Herkimer county, were authorized to vote on the question of issuing bonds to raise money for a town-house. Under this law women who were taxpayers voted (Act April 9, 1873, Session Laws, ch. 187, § 3, p. 304).
(f). The taxpayers of Dansville, Livingston county, were authorized to vote on the issue of water-bonds. Under this act women voted (Act April 24, 1873, Session Laws, ch. 285, § 4, p. 409).
(g). The taxpayers of Saratoga Springs were authorized to vote on the question of issuing bonds for the construction of an additional water-main. Under this ninety-nine women voted (Act May 13, 1876, Session Laws, ch. 254, § 4, p. 250).
VII. School Suffrage.—If the legislature can admit aliens to vote at school-meetings, it can admit female citizens to do so.