“Can College Students Vote? A Bitter 1846 House Fight That Nearly Changed Everything”
What's on the Front Page
Congress is locked in heated debate over a New Jersey congressional election dispute that hinges on an extraordinary question: do college students have the right to vote? Representative Jenkins of New York delivered a lengthy address to the House on March 4th, meticulously dissecting whether 29 students—four from Princeton's Theological Seminary and others from nearby colleges—unlawfully cast ballots in the third congressional district. The sitting Whig member John Runk won by just 16 votes over Democrat John Ferlee, and those student votes could determine everything. Jenkins argues that the students, hailing from Kentucky, Ceylon, Alabama, Mississippi, Ohio, Pennsylvania, and other states, cannot legally claim New Jersey residence simply by attending school there. He invokes constitutional law, poor laws, and judicial precedent to prove that 'residence' demands permanent settlement with intent to stay indefinitely—not temporary educational sojourns. The case exposes just how fragile electoral margins were in 1846 and how fiercely partisan battles over voting qualifications raged in the young republic.
Why It Matters
This 1846 dispute arrives at a pivotal moment when America is convulsing over westward expansion, slavery's spread, and voting rights themselves. The Mexican-American War would begin just days after this newspaper went to press. Within this context, disputes over who gets to vote—and where—were existential questions about what kind of nation America would become. New Jersey had just adopted a new constitution in June 1844, making this election one of the first conducted under new rules. The outcome of this case would establish precedent for how states handle transient populations (students, workers, soldiers) during an era of unprecedented American mobility. Jenkins's reasoning about 'domicile' versus temporary residence would echo through voting disputes for generations.
Hidden Gems
- The theological seminary and two colleges in the district collectively housed some 600 students—Jenkins notes they 'hold the balance of political power' in that district, making the student vote potentially decisive in future elections.
- Of the 29 voting students, their home addresses reveal the reach of New Jersey institutions: one student's domicile was listed as the Island of Ceylon (modern-day Sri Lanka), one in Kentucky, and the rest scattered across Pennsylvania, New York, Mississippi, and the South—yet only 5 of the 29 actually lived in New Jersey.
- Jenkins cites a precedent from an 1840 New Jersey election case decided in the House, showing Congress had already grappled with this exact problem of voters refusing to disclose their ballots—the secret ballot was already protecting voter privacy in this era.
- The newspaper's masthead proudly declares 'LIBERTY, THE UNION, AND THE CONSTITUTION'—the Republican Party wouldn't even exist for another decade, making this explicitly a Democratic-Whig contest.
- Subscription rates: 12 lines or less costs $1 for three insertions, with additional insertions charged separately—advertising was already becoming a business model, though still modest in scale.
Fun Facts
- Jenkins invokes Judge Washington's legal definition of domicile—this is likely Bushrod Washington, George Washington's nephew and a Supreme Court Justice, showing how the Founding generation's jurisprudence still dominated Congressional arguments 60 years later.
- The debate over college students' voting rights was genuinely cutting-edge constitutional law in 1846, yet would remain unsettled for over a century; college students wouldn't be systematically enfranchised as a group until the 26th Amendment in 1971—125 years later.
- Jenkins mentions the 1844 election was carried out 'with more ardor and acrimony than was ever before known in this country'—he's referring to the brutal Harrison/Tyler vs. Polk campaign, fought partly over Texas annexation, the very issue that would spark the Mexican-American War days after this edition went to press.
- The three colleges and seminary mentioned could collectively control electoral outcomes in their district with 600+ students—by the 20th century, colleges would become recognized as voting blocs, but in 1846 this concentration of potential voters was seen as dangerous and illegitimate.
- Jenkins's argument about 'permanent domicile' draws extensively from poor law tradition—poor relief was tied to settlement, making voting law and welfare law fundamentally connected in 19th-century jurisprudence.
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