LOWERING THE AGE OF MAJORITY.

il'···" .

SENATE

REPORT

OF THE

LEGISLATIVE RESEARCH COUNCIL

RELATIVE TO

For Summary, SeeText in BoZa, Face Type.

January 20, 1971

No. 1378

•

.,,'

ORPER AUTHORIzINC,:; STIIDY

(House, No. 5489 of 1970)'

_Ordered, That the Legislative Research Council. be directed tolnvesti-gate and study the subject matter of so much of P.D. 144, .• pages 111 toi14,' relative to lowering the age of majority to -eighteen (see House, No.:5489), _and to file the results of its statistical -research- and fact-findingWith the clerk of the Senate on' or before the third Wednesday of January,~nineteen' hundred' and, seventy-one.

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Adopted:By the Houseo/Representatives,June 10,1910

By the8enate, in-concurrence, June 11, 1970

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CONTENTSPAGJIl

Order Authorizing Study 3Letter of Transmittal to the Senate and House of Representatives. 5Letter of Transmittal to the Legislative Research Council. 6Summary of Report 7

CHAPTER 1. INTRODUCTION.Origin of StudyEarlierLegislativ~.Studies ~n Massachuse.ttsScope of the Study .Youth and Society .

CHAPTER II. HISTORICAL DEVELOPMENTOF THE STATI,JS OF YOtJTH

Ancient Cultures . .Seventeenth Century .. to .. Mid-Twentieth Century Period.Current Status and Recognition of Youth.Impact of Milit~ Service on Youth .

.,"',""'" .• " ',' -. "

CHAPTER III. PSYCHOLOGICALFIl'lDINQSRE 18·20 YEAR OLD YOUTH .

Idealism of Youth •Impressionability of Youth .Physical Maturity . .Psychological Maturity .Sociological Maturity

• 14

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• 17· 17

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,CHAPTER IV. PRACTICEANDEXPERIE~CE ELSEWHERE. . 38The English Family Law Reform Act of 1969 . • 38Developments Among the States . ' • 39

CHAPTER V. LEGAL STATUS OF 18-20YEAR OLD YOUTH IN MASSACHUSETTS.

Contract Rights and Obligations .Real Property Rights .Personal Property RightsCriminal Responsibility .Responsibility to ParentsEmancipation .Civil RightsTestamentary Dispositions

CHAPTER VI. ARGUMENTS FOR AND AGAINSTLOWERING THE AGE OF MAJORITY .

Development of Arguments .Favorable Arguments .Adverse Arguments

.41

. 41

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LEITER OF TRANSMITTAL TO THESENATE AND HOUSE OF REPRESENTATIVES

To the HonorabZe Senate anil Houseo/Representatives:

GENTLEMEN: L· The' Legislative Research Council sttbmitsherewith a report prepared ·by the Legislative Research Bureaurelative to lowering the age of majority. Under the terms of thelegislative directive (House, No. 5489 of 1970) the report was re-quired to consider so much. of the Report of the MassachusettsJudicial Council as relates to this subject matter (P.D. 144 of1970, pp: 111-114).

"'. Since the Legislative Research Bureau is limited to statisti~alresearch and fact-finding, this report contains no recommendationsfor legislative action. It does not necessarily reflect the opinions"of the members of the Council.

Respectfully submitted, ..

MEMBERS OF THE LEGISLATIVERESEARCH COUNCIL

SEN. JOSEPlJ D. WARD of Worcester,;. ' OMimwn

.. REp. JOSEPH B. WALSH of Boston,Vice Ohaimwn

.SEN. ANDREAF~ NUCIFORO of BerkshireSEN. JOHN F. PARKER of BristolREp. SmNEY Q. CURTISS of SheffieldREP. HARRISON CHADWICK of WinchesterREP. J. HILARY RoCKETT of MarbleheadREP. CHARLES F. FLAHERTY', JR. of Cambridge

1

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To the Members of the Legislative Research Oourrcil:

TIanyRornthe Eciety·ciplethe hThe fstrati,relievtgreat!sition.

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•

LETTER OF TRANSMITTAL TO ·THELEGISLATIVE RESEARCH COUNCIL

•

Respectfully submitted,

DANIEL M. O'SULLIVAN,

" Director, Legislative Research Bureau.

The preparation of this report was the primary responsibilityof Cornelius T. Finnegan, Jr., of the Bureau staff.

GENTLEMEN: - House, No. 5489 of 197Q, reprinted on theinside of the front cover of this report, required the LegislativeResearch Council to study the matter. of lowerm.g the age of ma-jority.

The Legislative Research Bureau supmits f;l report in accordanc~with the above directive. Its scope and content have been re-stricted to statistical and fact-finding data~. without recommenda-tions.

•

1971.] SENATE- No. 1378.

LOWERING THE AGE OF MAJORITY

SUMMARY OF REPORT

Origin and Scope 01 Study

7

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The legislativ~ order, House, 5489, dir~cting this study arose out(jfa report from the" Committee ·on Gove:r;nm,.,n'l Regulations afterits reView of a previous study on lowering the age of majoritymade by the Massachusetts Judicial Council. In its report, theJudicial Council made no recommendation'OIl this issue, contendingthat any change in the legal age was a matter of legislative policy.

No. priorin-dep~h study. relative to the ,'age of majority change:badlleen made in this state.

The language of the order encourages abroad scope in con-ducting the study. The increase in numbers of the 18-20 agegroup among the population and!ts impact on the social andeconomic life of the' community warrants consideration of thissegment ot society as an entity.

Historical Development 01 the .Status 01 Youth

The lack of 'a 'written history concernj,ngEgyptian youth preventsany accurate determination of the status of youth there, but inRome, the history of youth is found in the laws and customs ofthe era. The rightsalld obligations oJ the various classes of so-ciety established the ,rights of minors .in those classes. Theprin-ciple of Patria Potestas, the power of the father over the lives ofthe individual members of his family,gov~rned in ancient Rome.The absolute. dependence of a young man on his father is demon-strative of the subordinate .nature of, youth. Only military servicerelieved him 'from such control. Moreover, such service aided

.greatly in the-advancement of his social status and economic po-sition.

8 SENATE - No. 1378. [April 1971.

The state, however, provided protection for minors. It set 25as the age up to which young Rc:)~an citizen~ should be protectedfrom their imprudence or from the blandishments of 'adults. Itincorporated such protection in' the various codes of jurisprudencesuch as the Institute, of, JQ.stini1in, The Roman Code and the Twelve

," - ":,.' ",' '.' -. -I ',," '-,. .'-.."

Tables.

In ancient Greece, in the city-states ot'Sparta and Athens, theposition of youth is!' faitly well de'fined. Sparta had the uniqueconstitution which not only regulated governmental affairs, butalso llnposed It rigid discipline on its citizens. Itssystemof,tniUtaryfraining encompassed the educational phase of the 'younge: ,It placeda young boy at the age 'Of seven' under the'control of the stat~,andh~: remained under militarydiseipline up tthroughhis thirtiethyea~, which was the age' of majority.

Athens, 011 the, other hand, had a constitution which was dem&.c:ratic 'insofiir'as the 'nobles were concerned. Theslavesegtnenl ofthe Afhenian society, which was in the fti.ain white, had no rightsexcept as given to them by theif masters. Th~ child of an ,Athenian

v ' ,_., .;,:' .. '.

citizen .had his n~me placed on tbe Register., and 'when he reachedthe- age of 18; he was· ,cons.41ered ,to have become of~g€,an€lh,isliame ,was pl~ced on the"adult ,citi,zen, "rol~ ,:Jf OI;1e" of the l(),Cal divi-sion or Demes of Athens. Then he could, P1'Ar~, ,and if 'lip. orPblt'llor ward receive his inheritance. However, he could not sit as ajuryman until the 'age of thirty. '

The fudustrial Revol1:dion caused a drastie change in the ,lifepattern of the"youngman. The colonial expansion gave ,to' youtha' chance to .establish himself as an adult,· in the, ',colonies and, inthe ihcreasedmercantile' Heet' and navy of England. III England,the great jurist, ,Blackstone, compiled the laws of 'the country' andset forth the 'various' laws protecting infants or minors (thoseunder 21). These judicial pnnciples" were 'brought to America incolonial 'tintesand furnished the basis for subsequently enactedlaws in the early United States. The laW-sol the Provmces, parti.'ctIlarly of the Province of: Massachusetts Bay, in 1641, established21 as the age for giving of votes, verdicts or sentenceS: in; any civilcourt, according 1'0 the Body of Liberties. "

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April 1971.] SENATE-, No. 1378. ,9

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10 SENATE''-.- No. 1378.~ [April 1971

moil; characteristic found in almost all ,young peyple. Youngpeople 'of today reach their physical :maturity sopner than didy6'ungsters of 'earlier generations. The psychQlogicaln,aturity of~ay's young people is· 'questioned when lheJi~res relative to01l'enses against the law, are preseJll:ted.:t,:' ~. . ".".., .', '

,,' The 'increase in th~"nu:n1bersof young college sttidents·iJl' today'ssociety makes mo:re of them dependent on theirparelils fora longerperiod of time, 'although there 'is evidence that 'edl1eation isa"factotwhi~h h~s some correladon to maturity. Dr. W. Walter Menninger,the st~ psy~hiatrist of the ,Menninger Foundation" has expressedthe'op-fuiOli that enforced deperidency, 'and afiloence, are' an 'in·fandlizalion; ,0£ the~dolesc~llt", provJ)kiP,g:~lDd,sustaining 0"'1' J),er.ception-of him .as immature, thus giv,ing rise 'to an impre~sive s~Jf~faIfiIIing prophecy.

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,:. Some of the reasons given for lowering the age were the great. inerease'in maturity of today's youth ,and the belief-of yoath th.em-

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Psychiatrists point out that inner conflict in youth can causefilerious, mental breakdown. Statistics show, that, many ,college ,stu·dentsseekh~Jp for their emotional problems and [the p.r0portio~i.s ac~nsistent 10 to 20 percent of the ;whole student 'body•

'However, a :greater proportion of "young people go to workthttn 'go' on to' college, 'and the former takes a positio:Q. in societycodtpal"sble to the position' taken by' their grandparents. Theirgrandparents ata comparahle;age ,were assuming aduIteeonomicroles, as is the present.day working youth. The young workingadolescent' demonstrates a more sociologicalm~turity than doesthe

lpril 1971.] SENATE - No. 1378. 11

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selves that they were sufficiently confident, self-reliant and inde-'pendent at age 18.

In the United States, the age of majority in most states is 21years. Five states have a lower age of majority (Ky. -18; Calif.-18 if married; Alaska - 19; Me. and Ha. - 20). In ninet~en'states, an 18 year old can make a will (Ark., Colo., Conn., Del.,Fla., Ga., Ida., m., Md., Mo., Mont., N.H., Nev., N.n., Ohio, Okla.,S.D., Tenn., and Utah). Furthermore, nine jurisdictions set theage of majority for females 'at 18 (Ark., Ida., m., ,Mont., Nev.,N.D., Okla., S.D., and Utah).

Conversely, in Oklahoma, the Legislative Council is studying theproposition that the age of majority for females be raised from18 to 21.

Legal Status 01 78-20 Year Old Youth in Massachusetts

The contract rights 'and obligations of minors (those under 21)in Massachusetts are voidable by him, or by his guardian, withcertain exceptions. He is liable on insurance and endowment con-tracts as if he were an adult. His share of partnership assets canbe reached by creditors, even though norm,aHy he can disaffirm acontract and not be liable; this statutory change amends the com-mon law.

A minor who is a veteran of military service may p'articipate inthe G.I. Bill of Rights and thus have full legal capacity to act inhis own behalf in the matter of contracts, convey,ances, mortgagesand other transactions, and be subject to the obligations of per-sons of full age in connection with any transaction arising underthe said Bill of Rights.

A minor has property rights but between him and his parentsuch rights are not ,absolute. The salary or earnings of a minorappear to. belong to the parent if the minor. is living at home.

A parent may emancipate his minor child, but this is a matterof fact and circumstances. Marriage.brings about emancipation,with or without the p'arent's consent. Also several judicial decisionshave indicated that military service usually results in emancipation.

Civil rights are not guaranteed to a minor under either the :U.S.

12 SENATE-No. ,1378. [April 1971

Constitution or the, Massa~husetts Constitution.,- A ininor is notconsidered a person under the law and most of,his rights arederivative, being conferred thro~gh his parent.

Persons within the 18·20 age group are classified as adults incriminal matters and proceedings. Studies have 'beenm,ade inMassachusetts to consider the establishment of a special court' foryouthful 'offenders ( 18-23) but no . action thereon has been takenby the General Court.

It is the duty of the minor to obey his, parent and the duty 'ofthe parent to support the child. These obligation:s are reciprocal,'and the courts have the power to enforce them or alterthesitua-tiondepending on the circumSl'an'ces.

Jury duty is limited to persons 22 years or over, due to' exemp-tions established by the Legisl'ature. However, with the cbangein the law on voting, it is now possible fora 19 year old to serveon the jury - if the Legislature changes the present exemption.

Full age is determined to be 21 or over; hence a minor cannotmake a will and dispose of his property by testamentary disposition.Court action must be brought by a minor's parent or guardian;the minor cannot properly commence legal laction himself in m'at;.ters of property rights,. divorce or annulment of marriage, Or' intort actions.

Most of the occupations and trades requiring licensure in Massa-chusetts are not open tlo the minor because the minimum age isset at 21. Candidates for the police and fire service' under CivilService, with an isolated exception, must he 21 years of age.

Arguments For and Against Lowering the Age of Majority

The issue of a lower m'ajority age has .stimulated'little, if any,research and' empirical' examination in this country, even "in tlt'osestates where the age has been lowered. Most of the a-rgume'nts fo~'and against lowering the-age of majority developed from testimonybefo:rethe Latey Committeei:it England. 'TheEngHsh Justices,Derks Society felt that it would he more realistic and more con--sistentwith.'modern thought if the 'age of majority for all purposeswere reduced to 18 years. The National Association of Probation

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~pril 1971.] SENATE-. No. 1378. 13

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Officers advo~ated a lower majority age,except in -respect to the;~ .

field of contracts.

Among other arguments, opponents to a lower age of m'ajoritycite the observations of psychologists that maximum mental ma-turity does not arrive until the 'age of 25 and that differences be-tween slow and fast developers are not ironed out until 20.

Finally, a 1949 U.N. social welf>are seminar concluded "it isnecessary to judge maturity on the basis of a gradual and smoothadjustment of juveniles to a world of values which is ncit·of thei~,own .creation but which makes .demands on them in the interests ofsocial continuity and survival."

Several Massachusetts bank officials differed in their wewsofyoung people. One was enthusiastic in his praise of young' bor-rowers and spoke of their high., reliability• Another pointed outthat his bank required security signatures of the parent in dealingwith those under legal 'age and would require the ,same security inrelation to the newlyenaeted law enabling a plinor under 21 toborrow for the purchase or repair of an automobile.

In the' United States, at the hearing on lowering the voting agebefore a subcommittee of the U.S. Sen.ate 'Committee on the Ju-idiciary it was' proposed' that President Nixon·· consider the appoint-ment of, a Commission on. the Age of ,Majority.

At· the same hearing a .noted anthropologist, in support of alower age, maintained that this generation of young people arethe native-born' of this era, the third quarter of the 20th Century.

Opponents :at the Senate hearing argued that much of America'syouth had not been exposed to indici~ of maturity, such as' tIi.~acquisition, ownership and m,anagement of property, the paymentof taxes, the provision of livelihood within limited resources, andthe assutnpti6n of the: muftifarious responsibili~ie's,duties.andprivileges "of fhe adult condition. Others'discounted experience ,'inmilitary service as creditable evidence of matttrity, contending thatloyalty and strict obedience~'rather':thau" iridep~lid~nce ~d 6b.;.jectivity, areihe traits ofa good sOldier. Opponents 'stressed thatas our civilization advanced, the period of emotional maturitylt~ngthe:iJ.ed rather than shortened, due· to longer periods of school-ing and the resulting dependence on others. ",,'

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[AprilSENATE-No. 1378.

CHAPTER 1. INTRODUCTION

LOWERING THE AGE OF MAJORITY

14

Origin of Study

This report was ordered by the Massachusetts General Court of1970 as the result of a report from the Committee on GovernmentRegulations (House, No. 5489). The Order is printed on the insidecover of this document.

The subject matter of the Order .was treated by the JudicialCouncil of Massachusetts in Public Document, No. 144, its AnnualReport, on page 111 et seq. It relates to the feasibility of lower-ing the age of majority to 18 years. The Council refrained fromany endorsement relative to this subject matter, stating that "sucha change would so vitally affect the citizens of the Commonwealththat it is beyond our scope to make any decision of policy."

In the study conducted by the Judicial Council, the Councilreviewed the favorable legislative developments on constitutionalamendments to lower the voting age. (In November 1970, theelectorate adopted an amendment setting the minimum votingage at 19). In addition, the report cited statutory changes madeby the General Court in recent years granting to minors the rightto purchase automobiles, to contract, and to establish credit. Italso pointed out the Legislature's reluctance to relax the legal agefor the consumption of alcoholic beverages. The instant matterinvolved questions of legislative policy, in the Council's opinion, ,) \1and thus it avoided making any recommendation on this issue.

Earlier Legislative Studies in Ma8sachusetts

The aforementioned study appears to be the only one made by agovernmental source on this precise subject. However, studieshave been made on particular aspects of the subject matter, withspecific reference to lowering the voting age. Thus, the Legislative

.pril 1971.] SENATE-No. 1378. 15

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Research Council prepared a report Relative to Lower Voting Agesin March, 1968, (Senate, No. 997). This publication furnished perti-nent material touching on the present actions of young people inthe age bracket 18-20. In 1970, the same Council prepared anotherreport on Voter Participation (House, No. 4994). In this latterreport, it was pointed out that the age group of 30 years andunder generally has the lowest voter participation rating. Amongthe reasons therefor was the lack of political involvement and thefact that this age group moved about most frequently.

Scope of the Study

It was felt that the instant study should encompass the role ofyouth in society, in business and in politics. The report discussesthe position of youth in past societies and in present societies. Thefindings of psychologists who specialize in the study of adolescentbehavior have been also indicated. Finally, the report closes witha treatment of the applicable legal concepts and statutes on thissubject, plus a consideration of the favorable and unfavorablearguments relative to a lower age of majority.

Such a study is all the more timely because the federal govern-ment has recently lowered the voting age to 18 in federal elections,and the people of Massachusetts have determined that 19 year oldsshould be given the right to vote. It is also possible that the peoplemay lower the age to 18 at the next election, if the 1971-72 Legis-lature passes such proposal for the second time.

Youth and Society

Various statistics and other data show the impact of the youngergeneration on modern societies.

The age group 18-24 has increased from 16.1 million in July1960 to almost 22.3 million in mid-1967. This gain of 38 percentwas three and three quarters times the growth rate for the popu-lation of all ages combined. Moreover, the number of youngpeople is expected to continue increasing rapidly and may reach29.6 million by 1980. Persons at age 18-19 are expected to increaseby 22 percent and those aged 20-21 by 29 percent. These trendswill have an important impact on our social and economic life.The rise in college enrollments, family formation and entrants to

16 SENATE - No. 1378. [April 197the labor force, which has already occurred, is likely to ,continuefor at least another decade.1

The percentage .of married people in the 18-19 year old agecategory: is 6.5 percent for males and 23.3 percent for females.In the 20-21 year old age category, the percentage is 28 percentfor males and 53 percent Jorfemales. Thus, over one-quarter.ofthe m8J.es and .over one-half of the females in the latter categQryhave begun family life with its accompanying adult responsibilities.Some of the heads of these new family units are in the labor fo~ceand some of them are still in school. In the labor force is found46 percent of the 18-19 year old males and 39.1 peroent,.of the18-19. year old females. Enrolled in school is 50 ,percent of .the18-19.year.pldmales and 37.7 perc:ent Of the 18,.19 year old fe-males. Of thisma1e agegro~p 13.6 percent are in armed forceSand 0.2 percent of the females.

-In the 20-21 year age category are found·the following: amongthe males, 68.7 percent are in the labor force; 3L3,percent are insehool;25.5 percel}t are in the armed forces; 2.3 percent are un-employed; among the females, 45.5 ~rcent are in the labor force;20.8 ~rcent are .in. school; 0.2 percent are in the armed forces; and4.7 percentara unemployed.2 ..

The youngman in society thus looms as a potent force, eitheras ,a single man or as a married man. The young female pre~ntsherself .as a purchaser, molder of fashions (whether in clothes,cars, household goods or major appliances) and -borrower, even

, ' , . ".' . ' ".~.

to a greater degree than the male.The business segment of society has long recognized the growth

iI:l thepumbers of youth. This recognition was the subject of astudy by-the Editorial R~search Reports in August of 1965.A1nongother ob~ervations, it wa;; stated tnat:

"Merchants are becoming increasingly interested in the youngadult segment of the consumer market ... Young adults are oftensingled out for special merchandising drives ... but it is generallyrecognized that the nation's 23 million teen-agers supply the heartand soul'of the youth market ... The president of Macy's depart·ment store in New York ... regards the 'teen-ager' as a 'whole

.new social and economic g-roup . . . a revolutionary force in the

'1 Metropolitan Life' Insurance, Statistical Bulletin, May, 1968, p. 4.2 Ibid., p. 5,'

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CHAPTER II. HISTORICAL DEVELOPMENT,\ .

OF THE STATUS OF YOUTH

The article points out that refined techniques and the use ofaural and visual aids on television have been developed by psycho-logists to promote purchases by youngsters; it is noted that 40percent of today's brides are teen-ages, and that a number of storesextend credit to teen-agers in sPeCial junior-level charge accounts.Many st~res refrain from dunning parents when teen-agers fallbehind in paYments' because the stores are hopeful that the teen-agerMlI develop' the habit of shopping at their particular estab-lishment later, with more and largeF purchases.2

Ancient OulturesEgypt. A~out 2000 B.C., when there' was very little written

history, and Egypt .was aethe' height of its power, historians re-lied on wall carvings and 'sculpture to record the social positionof youth. The size of the figures· and their position in the picturesShows that many yoUng men were' of royal ancestry and manymore were slaves,in chains.

'Voting rights appeared to be non-existent inasmuch as the landwas ruled'by the Pharaohs and their families. The prime minister,or vizier, established the rights of and administered justice to thepeople in the kingdom. The bulk of the population were slaves orserfs, who belonged to the ground and were·bequeathed with it.

A youth's status depended on his family's position in society.Teen-age Pharaohs were common. Merenre died at the age. ofsixteen,whi1e he was akihg. He was fGHowed on the throne byilis yotingerbrdther: Pepi II Neferkire, who, was six years old atthe beginning of· his· 94 year reign. \.. "',' Rome. As in Egypt earlier, the status of youth during the reignsof Julius Caes~r and Caesar Augustus (Octavian) depended'pri-rnarily on the status 'of their parents. S()Ciety consisted of two

'marketplace,' 'because he 'exists in large numb~,rs, carries a heavywallet, spends freely and often influences his parents' purchases."l

17'SENATE'-N6. '1378.1971·T

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1 Editorial Research Reports, Youth Market, August 23, 1965, p. 626.2 Ibid., p. '640. .\-5 ",

18 SENATE- No. 1378. [April 197

classes, apart from slaves, namely, full citizens and Latin Allies.These classes existed until Rome became a republic prior to .thetime of Caesar Augustus, and just prior to the birth _of Christ.During the days of the Republic, the citizen class was divided intotwo groups, the full citizen and the passive citizen; the Latin Allieswere divided into two divisions called the Latins and the Allies.The adult young men within the particular classes had the rightsand obligations of those in the class.

Full citizens were eligible for public office and could vote in theAssembly and be admitted to religious privileges. The right of ap-peal, of holding land, especially land taken in war, of serving in.theRoman Legions, and of legal redress were other public rights en-joyed by the full citizen. Private rights were the right of inter-marriage and the right of tenure of property, including the rightto exchange property.

There were, however, certain obligations. Full citizens werebound to serve in the legions and pay taxes.

The above rights and obligations or citizenship, in itself, didnot grant any private or public rights to young men under the ageof 21. Such young men, along with others in their twenties, weresubject to the principle of the Patria Potestas. This principal .wasone of the foundations on which the structure of Roman Law andSociety was built. In this respect, Rome is a contrast to Greece,because the Greeks had no such strong family ties as united theearly Roman clans. The clan, or family unit, was the early socialunit in history. The Roman father was absolutely supreme in thefamily, both over his sons and his unmarried daughters, as weJIas over his wife and his slaves. The father could sell, expose tothe elements to die, or even kill his own children. Only 'thosechildren who were serving the State were not under the controlof the father. The, Patria PotestasJ with its exclusive, absoluteand perpetual dominion of the father over his children, was pe-culiar to Roman jurisprudence and seemed to be coeval with thefounding of Rome itself by Romulus. The doctrine was incorpora-ted in the Institutes of Justinian, in the Roman Code and in theTwelve Tables, all of which were legal codes governing the Romans.1

1 Gibbon, E., Decline and Fall of the Roman Empire, Vol. IV, p.470.

1of 1per:Nosonof ,coutimfat}casi

.Abe1Knithe]Knibat1degbee;to ~for

1\1socimerevojtivemerwhivotEtheapp,poirboy

ESubpub:beir

1 Bt

Thus, in the Forum, in the Senate or in the camp, the adult sonof the Roman Citizen enjoyed the public and private rights of aperson; but in his father's home he was subject to his authority.No such status in a public capacity was enjoyed by the non-adultson. His position was, technically, but not actually, less than thatof a slave, because a father could sell his son many times, butcould sell the slave no more than three times. Mter the thirdtime, the slave was entitled to his freedom.1 In actuality, thefather usually had a strong love for his son and only on rare oc-casions was a son sold by his father.

A tour of military service in the Roman Legions seemed tobe the surest way for a young adult to get recognition and rights.Knighthood, which was to develop centuries later in England andthere acquire certain refinements, had its start in ancient Rome.Knights were the aristrocracy of Roman society, and heroism inbattle won great rewards for the hero, although to a much greaterdegree than in present times. Of military origin, knighthood laterbecame a wholly civic rank. In the days of the Republic (500 Beto 31 BC) knighthood signified little more than the qualificationfor service in the cavalry.

Military seryice conferred civil rights and privileges in Romansociety. The rights reserved for those of patrician birth (thosemembers of one of the original citizen families of ancient Rome)evolved from military service. The Comitia Curiae was the primi-tive popular assembly, composed wholly of patricians. Here eachmember of a patrician clan above the legal age (probably 18, atwhich age military service commenced) was entitled to a singlevote in the assembly. The Curiae also supplied the knights tothe corps of celeresJ which was the Roman cavalry unit. So itappears that even in early times, the age of 18 set the beginningpoint of manhood or more particularly a point in the life of a youngboy where. he enters into the life reserved for a' man.

However, young men obtained rights in Rome at different ages.Subject always to the principal of Patria PotestosJ rights to holdpublic office were granted to young patricians; the earliest agebeing 25, for the office of quaestor. Quaestors usually handled

lril

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ere

didageereN'asmd~ce,

thecialtheN'eJ}~ tolosetrol • (tlutepe-theJra-thens.1

1971.] SENATE - No. 1378. 19

III12

1 Bury, J. B., History of the Later Roman Empire, Vol. II, p. 403.

20 SENATE - No. 1378. [April 1971

public money, but were also appointed to preside over murdercases. The age of 30 was fixed as the lowest age at which a knightcould be a member of iudices or jury. Later Augustus lowered theage to 25.

As the centuries passed, the law and customs changed in Rome.Many of the customs were incorporated into the legal codes. Forexample, the ius gentilitatis (law of the Gentiles) was the body 11 C)of customs having the force of law among the gens) the name forthe Roman clan. The elders of the clan, the heads of the individualfamilies, acted as sort of a legisl&tive body and court, and thejudicial power within the clan was absolute. Their customs formedthe base for the later codes. Of importance to this study is theattitude and the law regarding minors. The law of guardianshipfurnishes the best illustration of the modern character of Romanlaw. An infant child was in tutela or under guardianship. He couldbring an action if he were wronged, but he could not be sued forbreach of contract. On the other hand, the law did not permitthe child to be unjustly enriched because others could not sue him.These are present day rules. The child was also protected againstthe avarice or misconduct of a guardian. The tutor could no moredespoil his pupilus (ward) than he could today. 'He was obligedto put up a bond for the faithful discharge of his duties. TheRomans released male children from guardianship at 14 yearsand females at 12, but on the other hand, they gave children theright to repudiate contracts up to their 25th year. In respect tothis privilege, Jolowicz in his Historical Introduction To RomanLaw at page 234 reports:

"Particularly important too is the rule that a minor (i.e. oneunder twenty-five years of age) may get in integrum restitutio ifhis inexperience has led him into a transaction which turns out tobe disadvantageous, even though he cannot show that the other t J ctparty actually took advantage of his youth."

It was in approximately 200 B.C., that mention was made of achange in' the legal treatment of young men above the age ofpuberty but under 25 (minores). The first step away from the oldsystem whereby a youth was considered fully adult as soon as hereached the age of puberty was taken apparently by a LexPlaetoria. This statute permitted an action to be brought against

anyoder ~

Mlthe]wasRomas la

Grindelcity-:tionsof yc

SpaccOlof ationin rEdisci]distila sy~boy 1boy'~

militthrOlconsimarrthe (disci}he ~servi,

Inyoun,of li]trueslavechild:

1 Smi

-------------------------_.._----------------------------_ .._-------------

IIl~

1 Smith, W., A Smaller History of (keece, p. 31.

anyone taking advantage of the inexperience of a young man. un-der 25.

Much of the modern-day law and principles had its origin inthe Roman legal codes. In the latter days of the Empire, the lawwas influenced by the thinking of the Greeks, who arrived inRome as slaves and rose to high positions as administrators andas lawmakers.

Greece. In Ancient Greece, the country was divided into manyindependent communities but the following text treats only thecity-states of Sparta and Athens. Both were governed by constitu-tions, which set forth, among other things, the rights and dutiesof young adults.

Sparta probably had the worst government of the Greek states,according to the Greek historian, Herodotus, prior to the draftingof a new constitution in the Eighth Century B.C. The 'constitu-tion was drafted by the legislator, Lycurgus, and was peculiar notin relation to its political portion but to the part relating to thediscipline and education of its citizens. The peculiar characteristicdistinguished Sparta from the other city-states in that it establisheda system of military training and education which placed a youngboy under the control of the state at the early age of seven. Theboy's life was one of hardship and discipline. He was placed inmilitary service and it became the whole life of the young boy upthrough his thirtieth year. This was the year in which a man wasconsidered to have reached his full age. Then he was allowed tomarry and to take part in the public assembly and be eligible tothe offices of the state. But he still continued under the publicdiscipline. It was not until he had reached his sixtieth year thathe was released from the public discipline and from militaryservice.1

In Athens, the status of young people differed from that ofyoung adults in Sparta. A· constitutional government and a formof limited democracy existed from the Sixth Century B.C. Notrue democracy was· possible, however, because of the presence ofslavery in Ancient Grecian society. Young adults who were thechildren of slaves were no more than articles of property, as were

A.pril

lrderrightI the

ome.For

body • ,~ foridualthe

~med

: theIshipIman~ould

I forrmithim.unstnoreligedThe'earsthe

~t toman

f

of a~ of! oldsheLexjnst

1971.] SENATE- No. 1378. 21

22 SENATE - No. 1378. [April 197:

their parents. These slaves were, in the main, white, althoughthere were a small number of black slaves. But a democracy didexist for the nobles, or citizens, in Athens, and when the childof a citizen was born, his name was entered on a Register, whichcontained the names of all the citizens of Athens. When a childreached the age of 18, he was considered to have come of ageand his name was placed on the adult citizen-roll of one of thelocal divisions or "demes" of Athens. Then, he could marry, bringactions at law, and, if an orphan or ward,receive his inheritance.1

He must serve for the next two years in the garrison and frontiermilitia. Upon discharge therefrom, he was free to choose his wayof life. At age 20, he qualified for membership in the Assembly.Until he was thirty, he could not sit as a jurYman in the lawcourts of the state.

The male Athenian citizen was liable for military service fromthe age of 18 to 60, although men over fifty were rarely calledout, except as a last resort.

These ancient cultures, Rome and Greece in particular, seemedto follow the same general principles of withholding privilegesand rights until some sort of maturity was reached. They alsobelieved in the necessity of -protecting their young from the bland-ishments and seductions, in an economic sense, of adults.

The effect of the Roman law was seen in subsequent culturesthrough the Dark Ages, medieval times and up to the time whennations began to emerge as political entities.

Seventeenth Century to Mid-Twentieth Century Period

Effect of the Industrial Revolution. In the period of time fromthe end of Rome's domination of the Western World to the agewhich saw the growth of nationalism in Europe, history does notshow that any special consideration was given to youth as a group.Young adults were a part of the larger family units on the farms,in the cities and in the palaces. History is full of episodes of theheroism of youth in the always-present wars through the ages,but the heroic acts were individual and rewarded as such.

In the middle of the Seventeenth Century, in England a drastic

1 Tucker, T.G., Life In Ancient Athens,p. 64.

cha,gro'of jdus'thetoolforcitiEto Iwat,thedevlgrmlifea h~Theof tbenlgenlby 1

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oughy didchildrhichchild

ageE the 'i ,Jringnce.1

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change occurred in family life. This change came about by thegrowth of industry and the concomitant increase in the numberof factories. Coupled with the Agricultural Revolution, the In-dustrial Revolution caused entire families to be uprooted fromthe farms and from the villages. The Georgian enclosure actstook the common lands from the people who had worked on themfor centuries. The serfs or farmers were forced to migrate to thecities; with their young as their only possession, they were forcedto permit them to work in the factories. The increased use ofwater power, then the use of steam as power, further stimulatedthe expansion of manufacturing in England. The impact of thesedevelopments has been described in the following terms: "Suchgrowth changed the very nature of society, politics and economiclife . . . and it gave the working class, during the period of change,a half century of extreme poverty."l Child labor was cheap labor.The under 21 year old person was considered a child in the eyesof the law, and a parent was permitted to utilize his child for thebenefit of the family unit. Many of the children, of all ages "weregenerally orphans or paupers, leased out in batches as apprenticesby the guardians of the poor.' '2

In addition, the period from 1650 to 1800 was a period of co-lonial expansion. Many young adults became a part of the ever-increasing English Navy as well as a part of the growing merchantfleet.. They formed a large part of the nucleus of adventurers andsettlers in the new lands of America, Australia and Africa. Thosewho stayed behind in England as factory workers mingled withthe workers from Ireland and other parts of the British Empire.They read and digested the works of Thomas Paine and otherradical writers who wrote of the rights of man.

In France, under Napoleon in the latter part of the EighteenthCentury and early part of the Nineteenth Century, nationalismemerged, and the duchies and small baronies were -absorbed intothe larger state. The movement spread to Germany and to Italyand the resulting wars absorbed the attention of the young adultand the adult alike. Industrialization, although to a lesser degree

'romage

, not'Oup.rms,, the1ges,

t

1971.] SENATE - No. 1378. 23

II:

lstic 1 Hall, Albion, Pope, A History of England and the Empire Common-wealth, p. 334.

2 Ibid, p. 338.

24 SENATE-No. 1378. [April197

than in England, spread to the European continent. The sameconditions resulted as had arisen in England. The influence of theRoman Empire and its carry-over of. the principle of PatriQPotestas pervaded the cultures in Europe as well as the Englishculture and the mark of a good son was obedience to the authorityof his parent. Coupled with this was the influence of the CatholicChurch and its teachings about the subservience of child to parent.

In England, the great English jurist, Blackstone, published a setof Commentaries on the Laws of England, and set forth the rightsOf parents and children, among other points of law covered. Inan-instructive.treatment of the law "Of Guardian and Ward",Blackstone vvrote:

• "Let us next consider the ward or person within age, for whoseassi~tance and support these guardians are constituted by law; orwho. it is, that is said to be within age. The ages of male andfemale are different for different purposes. A male at 12 yearsold may take the oath of allegiance; at 14 is at the age of dis-cretion, and tperefore may consent or disagree to marriage, maychoose his guardian, and if his discretion be actually proved, may

· make his testament of his personal estate; at 17 may be an execu-tor; and at 21 is at his own disposal, and may alien his lands,goods and chattels. A female also at 7 years of age may be be-trothed or given in marriage; at 9 is entitled to dower; and is at12 years of maturity, and therefore may consent or disagree to

· marriage, and if proved to have sufficient discretion may bequeathher personal estate; at 14 is at years of legal discretion, and maychoose a guardian; at 17 m~y be an executrix; at 21 may disposeof herself and her lands. So that full age in male or female is

· 21 . ~ . Among the ancient Greeks and Romans, women were neverof age, but subject to perpetual guardianship, unless when married,'Nisi Convenissent In Manum Viri:' and, when that perpetualtutelage wore away in process of time, we find that, in femalesas well as males, full age was not till 25 years ... But in Naplesthey are of full age at 18; in France, with regard to marriage,not till 30; and in Holland at 25 ..."

"Infants have various privileges, and various disabilities; buttheir very disabilities are privileges; in order to secure them fromhurting .them~elves by their own improvident acts. An infantcannot be sued but under the protection, and joining the name ofhis guardian; for he is to defend him against all attacks as wellby law as otherwise: but he may sue either by his guardian, orprochien amy, his next friend, who is not his guardian. Thisprochien amy may be. any person who will undertake the infant'scause; and it frequently happens, that an infant, by his prochienamy, institutes a suit in equity against a fraudulent guardian. In

,E

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1 eh

\.pril1971.] SENATE-No. 1378. 25

~II~

;arne

: theItria~lish

>ritylolic~ent.

l setO'hts~

Inrd",

• ,criminal cases, an infant of the age of 14 years may be capitallypunished for any capital offence: but under the age of 7 hecannot."l

Blackstone pointed out that an infant (under 21) had no liabilityupon a contract and by statute (37 & 38 Vic., c. 62) any such con-tract was not only voidable but absolutely void and could not beratified when the infant reached full age. However, in 1874, therule and law was changed so that an infant's contract is voidableonly and he can be held liable for necessaries; the latter being aquestion of fact.

Colonial Times. The aforementioned laws carried over to be-come the laws of the English colonies in America, in the periodpreceding the American Revolution. The Acts and Resolves of theProvince of Massachusetts Bay, dating from 1692 to 1714, con-tained provisions which were taken from the English law codes.Some of the sections were peculiar to the colonial society. Forexample, Chapter 18 of the Province Laws of 1692-93, section 7stated:

"that if any person or persons of the age of discretion (whichis accounted fourteen or upwards) shall wittingly and willinglymake or publish any lye or libel . . . shall be fined . . . not morethan a shilling . . . and if unable to pay said fine . . . then to beset in the stocks not exceeding three hours, or be corporally pun-ished by whipping ..."

As had been noted, in most societies military age came beforethe age of majority. In early colonial times, the statute prescribedthat "all males, sixteen years to sixty shall bear arms and duelyattend all muster and military exercises." (Province Laws of 1693-94, c.3).

The attitude of the early colonial lawmakers towards childrenand their individual freedom is found in the restrictive provisionof .law in the Province ·Laws of 1694-1695, Chapter 14, section 2.This section provided that "No single person under 21 shall besuffered to live at their own hand, but under some orderly familygovernment."

Earlier in 1641, the Body of Liberties in Massachusetts madeone and twenty years "the age for giving of votes, verdicts orSentences in Any Civil Courts." (Body of Liberties, s. 53).

~ 1 Chase, G., Blackstone's Commentaries on the -Laws of England} p. 180.

-~-----------------------------------------

26 SENATE - No. 1378. [April

The age of majority as set in colonial times was reaffirmed inan 1830 decision of the Massachusetts Supreme Judicial Court (27Mass. 512). An action in Assumpsit for supplies furnished to oneSally Dury, a pauper, and her two children was brought by theinhabitants of the town of Danvers against the City of Boston.Sally, twice married,_ had failed to gain a settlement anywhere andclaimed a derivative settlement from her father, Peter Hunt. Peterwas born on April 4, 1745, old style, at Weymouth and resided there •u,ntilabout the year 1764. He went to Boston, married and residedthere about three years. He and his wife were. warned out ofBostQnon March 15, 1768. The Court decided that Peter Hunthad not resided in Boston for one year after he became 21 asestablished by law and thus could not acquire a settlement therein.The Court held "that the residence must be by a person competentto fix the place of his residence at his own will, and thereforecannot commence until he is 21 years of age; and that his beingmarried under age, does not alter his capacity in this respect".

In neighboring New Hampshire, under an early set of lawscalled "Cutt's Code" the age of 24 was fixed as the age for officersin the General Assembly (N. H. Provo Papers, 1, 396 - Laws 1,25 and 26). This code was repealed by the English King and theage was subsequently set at 21.

In Rhode Island, in 1639, members of the militia had the right"to select and chuse such persons one or more from amongthemselves, as they would have to be officers among them ..."Inasmuch as the soldiers included all males capable of bearing·antis, the lower permissible voting age was 16, in accordance withthe militia service requirements of 16 to 60.

Current Status and Recognition of Youth

The Military Draft as Recognition Factor. During the growth (\of the United States from the colonial times to the 1940's, thiscOillltry and its leaders were only vaguely conscious of the 18-20age group as a unitary segment of society. In the Civil War, 18and 19-year olds were not subject to the military draft (Act ofMarch 3, 1864, S. 1; 12 Stat. 731). This does not mean that thisage group did not participate in the fighting. The historical novelsof the Civil War and the motion pictures relative to the period

1971

whi(of tl:

InDrajof 2:

IStatto rlThisserv:num15 afalsi:

InAsiafirstServmalEdraf'unle:naticreflenaticcipa-

Tldentmencharresiefor 1as ilto v(

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pril

l in(27onethe:on.and~ter

lere • ,"dedof

:untas

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aws~ers

s 1,the

19htong

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vith

which portray the drummer boys of the age of 12 offer testimonyof the involvement·of youth.

In 1917 during World War I, Congress enacted the SelectiveDraft Act of 1917 which made all male citizens betw~n the agesof 21 and 30 liable for military service (Act of May 18, 1917; 40Stat. 76). Later in 1918, young men of 18 and up were requiredto register for the draft (Act of August 31, 1918; 40 Sta.t. 955).This registration did not mean military service. Induction into theservice was avoided by many young men because of the greatnumber of volunteers among the 17, 18, 19 and 20 year olds. Even15 and 16 year olds, using the names of their older brothers orfalsifying their ages, voluntarily enlisted.

In the wake of the outbreak of hostilities in both Europe andAsia and with emphasis on preparedness, Congress enacted thefirst peacetime draft in 1940. Known as the Selective Training andService Act of 1940, it imposed liability for military service onmales between the ages of 21 and 36 (54 Stat. 885). Moreover,draftees were reqUired to serve only one year on active duty,unless service was extended by the President in the event that thenational interest was imperiled. The limited scope of the lawreflected the strong feelings of a large segment of the populace,national political leaders and members of Congress against parti-cipation in global wars.

The declaration of war on both Japan and Germany by Presi-dent Roosevelt in December 1941 also brought forth an amend-ment to the Selective Service Act. The amendment, among otherchanges, required the registration of every male U. S. citizen orresident between the ages of 18 and 65 (55 Stat. 844). Liabilityfor military service and training was lowered to age 20. However,as in the·· earlier draft act, 18 and· 19 year aIds were encouragedto volunteer for actual service.

As the death count mounted, the country became conscious ofthe high death rate of those under 21. A cry arose in the nationfor recognition of these so-called "infants" or minors. The slogan_. "Old enought to fight, old enough to vote" - spurred the in-troductionof·various types of proposals to extend the voting fran-chise to America's youth. Senator Arthur Vandenburg of Michiganproposed the first Constitutional Amendment to lower the voting

wththis~-20

,18t ofthisvelsriod

_:.'.1.\1"HI,;i:;/','

1971.] SENATE-No. 1378. 27

IIII12t

age to 18 in 1941 (Senate Joint Resolution 166). In 1942, Repre-sentative (now Senator) Jennings Randolph of West Virginia madea similar proposal (House Joint Resolution 354). Repre~ntativeVictor Wickersham of Oklahoma in the same session proposedthat the voting age in federal elections be lowered to 18 (HouseJoint Resolution 352)._ In 1943, at the October 20th hearing on House Joint Resolution

39 which proposed a constitutional amendment lowering the votingage to 18, Representative Randolph stated that, as of June 30,1943, out of approximately 7 million soldiers in the service 1,600,-000 were in the 18-20 year old bracket. The Navy percentagefor such age group was 37% and the Marine.Corps percentage was50%. In spite of the statistics and the arguments in favor, theResolutio;n failed of passage.

Because of the lack of success in the Congress, the proponentsof. the 18 year old vote directed their energies to secure actionthrough the state legislatures. They sought to amend the stateconstitutions which, except for West Virginia which lacked aspecific provision, established the. age at 21 years. Only in thestate of Georgia were their efforts successful.

While the efforts of the 18 year old vote advocates were centeredon the state level area, Congress continued to pass legislation af-fecting the 18-21 year olds. Most of the legislat~on concerned theSelective Service Act and recognized the need for some protectionof this age group. One of the amendments provided for the post-ponement of the date of induction into the military service of 18and 19 year old high school students who had completed morethan half of the academic year (57 Stat. 391). This amendmentwas deemed necessary in spite of the provision in the SelectiveService Act which set the age of liability for training and militaryservice at ages 20 to 45 (55 Stat. 844).

Again in 1945, Congress amended the Selective Service·Act toprotect the under 19 age group. The amendment provided that amember of such a group, when inducted into the service, shall notbe ordered into actual combat until he has been given at least sixmonths of adequate preparatory training for combat duty (59Stat. 166).

In 1946, with the war ended, the 79th Congress enacted legisla-

28 SENATE - No. 1378. [April 1971.~

tion ·sin whLaterto refage g

I> Iforcesdropp

Thinewecpropofilledto tbSenat,The fpropovotestion.tionalSenat

Th(brougthe pla sigJTwenintrocon thcouldamen

In

e, t HOUSIsionscraticamenbeenKenoWashter 0:the p

!\pril 1971.] SENATE - No. 1378. 29

~pre

nadeativeIOSed

:ouse

ltion)ting~ 30,600,-ltage,was, the

lentsetionstateed al the

:eredtl af-I theetionpost-)f 18Dorementctiveitary

et totat aI not.tsix

(59

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e) t

tion ;setting the ages of 19 and 45 inclusive as the period of timein which persons would be liable for military service (60 Stat. 341).Later in 1948, males between the ages of 18 and 26 were requiredto register, but exposure to active service was limited to the 19-26age group. Because of the need to maintain adequate occupationforces throughout the world, the minimum age for service wasdropPed to 181j2 in 1951 (65 Stat. 76).

This country's participation in the Korean War sparked a re-newed interest in the plight of the younger citizen. Numerousproposals .to bestow rights and privileges to the under 21 groupfilled the Congressional hopper. No bills were introduced relatingto the- lowering of the age of majority; however, in 1952, theSenate held its legislative hearing on lowering the voting age.The following year, the Senate by a 34-24 vote defeated such aproposal of Senator William Langer of North Dakota. It fell fivevotes short of the necessary 2/3 majority required by the constitu-tion. In the same Congress a total of eleven proposed constitu-tional amendments on the subject were introduced, four in theSenate and seven in the House of Representatives.

The Vietnam War and student unrest on the college campusbrought many of the national political figures into the camp ofthe proponents of the 18 year old vote. The 89th Congress showeda significant increase in the interest in lowering the voting age.Twenty-eight amendments to reduce the voting age to 18 wereintroduced. This Congress and earlier Congresses had proceededon the theory that the only way that the under 21 year old groupcould be given the right to vote was by either state action or byamendment· of .the federal constitution.

In March of 1970, the United States Senate opened hearings onHouse Resolution 4249, which related to the extension of provi-sions of the Voting Rights Act of 1965. During this hearing Demo-cratic Majority Leader Michael Mansfield of Montana proposed anamendment to lower the voting age to 18. The amendment hadbeen co-sponsored initially by Democratic Senator Edward M~Kennedy 'of Massachusetts and Senator Warren G. Magnuson ofWashington. The amendment offered a novel approach to the mat-ter of lowering the voting age. Since 1787, it was the belief thatthe power to establish a minimum voting age was delegated to the

30 SENATE-No. 1378. [April 197

states by the federal constitution, and could be taken away onlyby a federal constitutional amendment. Now, it was proposed thatCongress change the voting age by statute. President Nixon sup-ported the principle of a lower voting age but advocated the con-stitutional amendment route. However, the overwhelming testi-mony from members of Congress. civic groups, educators and theclergy favored the statutory approach.

Shortly thereafter, the Senate approved an extension of theVoting Rights Act, including therein a provision for 18 year oldvoting in federal, state and local elections, as of January 1, 1971.By a roll call vote of 272-132, the House agreed to the amend-ments passed by the Senate. On June 22, 1970, President Nixonsigned into law HR 4249 (PL 91-285). While doing so, he re-stated his belief that the 18 year old vote provision was uncon-stitutional and directed Attorney-General John Mitchell to co-operate in a swift court test of the provision's constitutionality.

On December 21, 1970, the U. S. Supreme Court in a 5 to 4decision upheld the constitutionality of the reduced voting age pro-vision in respect to Presidential and Congressional elections, butruled the change unconstitutional as it applied to state and localelections (Oregon V8. Mitchell) Nos. 43, 44, 46, 47 Original -October term, 1970).

Impact of Military Service on Youth

The experience of the young man in the military service had abroadening effect on his character. Many of them had been facedwith the making of adult decisions, sometimes in matters of lifeand death. Other times, the young man had, the responsibility ofrunning. the office, or the motor pool or the company mess. Undersuch circumstances, he matured rapidly. Upon his discharge fromthe service, his government provided many benefits for him toparticipate in and receive.

Aided by the G.!. Bill of Rights, almost one-half of all WorldWar II veterans enrolled in some sort of training program-including 450,000 future engineers, 360,000 future teachers andcountless aspiring future lawyers, doctors, businessmen, salesmenand mechanics. About 45 percent of Korean veterans went backto school. By contrast, only about 23 percent of Vietnam ex-

sel"

'Iex-:in jbyyouunahileBm:to IdenlesemOl

sen

Idel

.AactEnot

yPea,will

Irin t

[April 1971.] SENATE - No. 1378. 31

I

yonlyd thatn sup-e con-testi-

ad the

)f thear old1971.

mend-Nixonhe re-mcon-to co-lity.ito 4e pro-s, butl locallal -

servicemen have made use of available education benefits thus far.

The ,government provided not only educational benefits for theex-serviceman but also provided for vocational training on farms,in factories and in trades. It made the purchase of a home easierby home mortgage guarantees to lending institutions so that ayoung veteran did not have to delay marriage, because of theunavailability of living quarters. Special acts even provided mo-bile home mortgage guarantee; and special provisions in the SmallBusiness Administration legislation allowed the returning veteranto embark on a business venture, with some degree of self-confi-dence and self-reliance. Psychologists are in agreement that ado-lescents who are placed in a position of responsibility are generallymore mature than those who are not. Thus, the benefits of militaryservice to a young man appear to be incalculable.

CHAPTER III. PSYCHOLOGICAL FINDINGSRE 18 - 20 YEAR ·OLD YOUTH

Idealism of Youth

. A characteristic of youth is its idealism. Aristotle gave a char-acterization of ancient youth, which can be applied to many, ifnot most, of today's young adults, when he stated:

had afaced)f lifeityofUnder

i~o: • tNorld5ram-s and~men

backn ex-

"They (the young) have high aspirations; for they have neveryet been humiliated by the experience of life, but are unacquaintedwith the limiting force of circumstances; and a great idea of one'sown deserts, such as is characteristic of a sanguine disposition,is itself a form of high aspiration. Again in their actions theyprefer honor to expediency; as it is habit rather than calculationwhich is the rule of their lives, and while calculation pays regardto expediency, virtue pays regard exclusively to honor . • . Theyregard themselves as omniscient and are positive in their asser·tions; this is in fact, the reason of their carrying everything toofar, whether it be their love or hatred or anything else."

Youth's idealism is best exemplified today by the success of thePeace Corps, Vista and the many other organizations concernedwith betterment of the conditions of the poor.

In an editorial titled "The Freedom to Be Idealistic" appearingin the January 1969 edition of Fortune Magazine} it was pointed

32 SENATE - No. 1378. [April 197:

out that the parent is envious "of the young man's freedom toprotest, to love, to possess a car, and most important, the freedomof the young man to be idealistic." Psychologists confirm the factthat idealism reaches its highest form in the period of time whena young person becomes aware of life. Some psychologists, amongthem David P. Ausubel, believe that there are cycles in a teen-ager's life:

"In terms of social expectations, privileges, prerogatives, parent-child relationships, the 13-year-old and the 17-year old have muchmore in common, than the former has with the9-year-old or thelatter with the 21-year-old."1

Thus, the 18-year old enters a period in life in which physicaldevelopment as to size, weight and strength has reached a pointeither greater than that of an adult or at least similar. Some ofthis age group have ended their high school education and en-tered college, while others have entered full-time employment orthe military service. Their increased awareness of the widersocial environment is accompanied by increased interest in cur-rent events, politics, and social and economic issues. This is re-flected by appropriate shifts in reading and radio listening in-terests. Growing concern with social problems is shown in the in-creased percentage of adolescents (as compared to preadolescents)who express a humanitarian view, in the large percentage of ado-lescents who hold very definite opinions on social issues, and inthe participation of youth in various social and political move-ments.2

Such idealism, however, did not originate with today's adoles-cents. Keim, who has written one of the most comprehensive andscholarly treatises on the life of Jesus, suggests that many, if notmost, of his disciples, when he chose them, were adolescents.3

Another authority on ecclesiastical history who reviewed the livesof thirty-six hundred saints and martyrs of the early ChristianChurch indicates that the vast majority of them embarked ontheir life of holiness before they were twenty-one.4

1 Ausubel, D. P., Theory andProbZems oj Adolescent Development, p. 34.2 Ibid, pp. 133-135.3 Hall, G. S., Adolescence, VoL 1, p. 523.4 .Ibid, p. 524. .

• t

Tttirtmos

c

1

Imp~

TIneedcrav

TIthe 1of tlothe:legeknovpres(

E\to coof dl

1 Cri:toMa

2 Sch3 Ibid

[April 1971.] SENATE - No. 1378. 33

dom to:reedomthe factle whenamonga teen-

rent-lUch, the

)hysicala point:omeofmd en-nent or! widerin cur-:; is re-ing in-the in-scents)of ado-and inmove-

adoles-lve and, if not;cents.3

le liveslristianked on

~t, p. 34.

The Cox Commission report on the Columbia University dis-turbances describes the present generation of young people as themost idealistic in this country's history:

"The present generation of young people in our universities isthe best informed, the most intelligent, and the most idealistic thiscountry has ever known. This is the experience of teachers every-where.

It is also the most sensitive to public issues and the most sophis-ticated in political tactics. Perhaps because they enjoy the affiu-ence to support their ideals, today's undergraduate and graduatestudents exhibit, as a group, a higher level of social consciencethan preceding generations.

The ability, social consciousness and conscience, political sensi-tivity, and honest realism of today's students are a prime causeof student disturbances . . . Racial injustice and the war in Viet-nam stand out as the prime illustrations of our society's deviationfrom its professed ideals and of. the slowness with which thesystem reforms itself. That they seemingly can do so little to cor-rect the wrongs through conventional political discourse tends toproduce in the most idealistic and energetic students a strongsense of frustration."1

Impressionability of YouthThe social impulses of the young manifest themselves in the

need to conform to the standards or rules set by others, and in thecraving for social approval.2

This need to conform does not necessarily mean compliance withthe rules of the so-called Establishment, but rather with the rulesof the adolescent's peers or equals. These Peers are usually theother young people with whom he or she associates, either in col-lege or in the street corner "gang" or local group. The adolescentknows unconsciously that he must rebel against the rules andprescriptions of the parent or family if he is to win independence.3

Evidence of the impressionability of the young and their desireto conform, yet rebel, is seen in their current unconventional modesof dress and personal appearance. Moreover, the songs of vocal

1 Orisis at Oolumbia, Report of the Fact-Finding Commission Appointedto Investigate the Disturbances at Columbia University in April andMay, 1968, p.4.

2 Schneiders, A.A., Adolescents and the Ohallenge of Maturity; p. 58.3 Ibid, p. 59.

34 SENATE - No. 1378. [April1971.

groups and the folk music so popular today are filled with socialprotest and the young cannot fail to heed the words and adoptthem as their own.

PhysicalMaturity

Most psychologists agree on the fact that, at the present time,adolescents mature physically earlier than their forebears. The ,psychologist, Arthur T. Jersild, points out ·that:

"Several American and European studies indicate that the aver·age age at which girls reach the menarche has deClined duringthe past hundred years, and probably is still declining. In areview of these studies, Tanner (1955, p. 92) reports that the trendin studies of various populations is remarkably similar . . .

Children and adolescents are taller and heavier, age by age,than they were several generations ago (Tanner, 1955). More-over, the adolescent growth spurt comes earlier and at maturityboys and girls are taller and heavier."l

With the better diet available and other increased standards ofliving, young people born in the last three decades develop notonly bigger, but stronger bodies than did their counterparts inpast generations. By the time they attain the age of 18 the vastmajority of young people have experienced biological changeswhich separate childhood from adulthood. The peak in the changeshas usually been reached relative to body structure, normal maxi-mum weight, height, sex awareness, body hair, internal bodyfunctions, voice and strength. The male sex drive has reached itscapability and increases as he heads to maturity. Generally, thissex drive is not so strong in the average young, well-adjusted fe-male at this period in her life. While this drive is not all im-portant it is considered to have a profound effect on the' actionsand behavior of the young male. It is one of the factors to beconsidered in any proposed law change dealing with lowering theage of marriage.

Psychological Maturity

The traits, feelings, actions and attributes collectively of themind of the 18-20 year old young adult can be a guide to the de-termination of whether or not he is mature. This psychological

1 Jersild, A. T., The Psychology of Adolescence, p. 12.

matuserve

It:is ththe ~, :~;;room!fanThepare]veythe ~yearhOWE

resteagaiJ

Inidealothe]explcMote

1<'1g,.

f

TlJto iJstaUof be

1 ScI2 Un

tio~

3 CitMe

4 SttAn

!\pril1971.] SENATE-No. 1378. 35

III12

:ocialldopt

time,The

r·19ald

e,e-:y

ds of) notis in, vast3llges3llgesnaxi-body

:!d its, this~d fe-I im-~tions

to beg the

f thele de-)gical

'i ,

maturity varies with the individual, but generally an overall ob-servation can be made.

It has been stated that "the intrinsic, built-in goal of adolescenceis the achievement of mature" adult status."1 Beginning at age 14the youngster presses for recognition as a grown person and makesrequests for adult privileges, such as the right to stay out at nightafter supper hours, the right to go to dances, the right to have aroom of their own. The rebellion against parents begins in earnest.If any trait is outstanding among the young it is one of rebellion.The evidence of rebellion against authority as well as against theparent has been documented in a recent federal study.2 That sur-vey discloses that persons between the ages of 18 and 20 havethe second highest arrest rate, the highest rate being the 15-17year old youth. Arrest rates for crimes of violence are highest,however in the 18-20 year old group. The younger group are ar-rested generally for crimes involving property rather than crimesagainst the person.

In addition to the inclination to rebel, the young are inclined toidealism, pursuit of adventure and an awakening of love for theother' sex. The trait of daring to the point of recklessness has beenexplored in a Harvard University study on Human Variables inMotor Vehicle Accidents. That study reported that:

"Paradoxically, this younger group scored highest on physio-logical, sensory, psychomotor and mental ability tests, indicating'that the driver is most susceptible to accidents at the time of hisgreatest potential operating skill'. This parodox suggests that'youthfulness' or inexperience and temperamental immaturity arefactors in interpretations of age effects of the younger group."3

The attitude of young drivers has caused insurance companiesto impose a higher charge on drivers under 25. According tostatistics, drivers from the ages 16-19 have the highest percentageof bodily injury accidents.4

1 Schneiders, A.A., Adolescence and the Challenge of Maturity, p. 5.2 United States Department of Health, Education and Welfare, The Na-

tion's Youth, 1968.3 Cited in Mass. Legislative Research Council Report, The Frequency of

Motor Vehicle Accidents by Ages of Driver, Ho~se, 2676 of 1956.4 Study paper for President's Commission on Youth, The Profile on

American Youth, p. 2:7.

36 :~!~NATE·-No. 1378. [April 1971.:

• ,'The very recklessness ofybuth, however, accounts for the count-

less heroic deeds performed by them in combat. Aristotle long agopointed out tbat "true courage was the mean betweenfoolhardi-ness and cowardice, and in early youth we see both extremesbefore the mean is approximated. Caution is the normal form ofIllaturity".

" But, a new factor must be also considered when the psychologi-cal 'maturity of the young· is examined. The factor is education.Never before in the history of United States has there been somany youth in the 18-21' year old age bracket enrolled in school,either in college or highschool. The younger generation is be-coming' increasingly a student population. In the last 20, years,high school enrollment has more than doubled while college at-tendance "has almost 'tripled. In 1950 about 38 percent of this agegroup was attending classes. In 1968, it reached 54 percent,. repre':senting about, 2t million students. Other than students, .around7.5 percent are in the armed forces. Nearly 33 percent are incivilian occupation; only 2.6 percent are unemployed. The restare young married women.1 This educational factor was alludedto by Dr. W.Walter Menninger, a member of the National. Com-mission on the Causes and Prevention of Violence and the. staff.psychiatrist at the Menninger Foundation, in his statement beforethe Subcommittee on qonstitutional Amendments of the SenateCommittee· on the JUdiCiary. In advocating a lower voting age, Dr.Menninger,';among o.ther comments, remarked that::

"There is a reasonable assumption that, within limits, along withage, education is a factor which has some cor:r.:elation with rna·turity of the individual ...

'rhe maturational process is an erratic process, and onecan,Jlndmu~h evidence of· the unsteadiness. Indeed, critics of youth willcite the number of divorces,. accidents, delinquents, et cetera inthe population between 18 and 21. Such evidence of 'disruptedliving evokes apprehension in most of us. Fed by a general in-comprehension of behavior of adolescents and young adults, theapprehension can spread to all youth - or at least to most youth,our own children excepted ..."2

1 Op.'cit. p. 27.2 Lowering the Voting Age to 18, Hearings before the Subcommittee on:', Constitutional Amendments of the Senate Committee on the JudiciarY,

91st Congress, 2nd Session, p. 23.

/I

Dr.. l\spons

focozaotpr

Bocioi, '·1'0the 'IIiEver)mosta,par1

Suethe ccleasection c.psychthereadmitevenlof Ps;4~1

pItyhEfo

" thHBl

'Th~

threslmatUJAnd

lOp.2 Blai

~- -~-~-----------------------------------------

IIt:

[April 1971.]' SENATE - No. ,1378.' 37

count-ng agoIhardi-tremesDrm of

hologi-cation.een soschool,is be-

,years,~e at-lis agerepre-'lroundareinle restilluded, Com-~ staffbeforeSenate~e, Dr.

'ithna-

indvill

intedin-

the ~lth,

ttee ondiciary,

t,

•

e ,

Dr.. Menninger in further testimonye~p;ressed'a belief that r~sponsibility has a sobering effect:

"In our present society, our adolescents may n6w stay childrenfor more than a decade afferreachfngbiological mClturity~ The'consequence of atIluenee and enforced depel1dency are an infanti~i;zation of the adolescent, provoking and sustaining our perceptionot him as immature, giving rise to an impressive self-fulfilling-

~ prophecy;"l ' , -'

Sociological Maturity

'To ascertain' this type of:' maturity, it is necessary to considerthe 'norinalrelationship' of the young adult to society as a whole~Every study of this group recognizes the emerging personality ofmost people at this period of life. The inner conflicts are as muchapart.ot tpemascis. theirincrec;lS~ s~e. .

" .• .J< '.. "',,, ...' ,." J, .,. _

Such inner conflict in youth as he moves into society can bethe cause of serious mental breakdown. According ,to figures re-leased; for publication, by the U.S. Departmentof Health,Educa-tion and Welfare in 1968, one-thjrd of i the patients of Qutpatientpsychiatric clinic~ are under 20. It was also reported that, in 1965,there was, roughly six tifues 'as many perSons 15-24 years of ageadmitted to me~tal instit,utions as were persbns 15 ,or' un,cter. An. '. , .. . . ". . ... " '~'. " .. '. , , :,even·lnore 'recent and pertinent observation was made by the Chiefof Psychiatry of the Harvard University Health Services, Dt.Gra-h~ B. Blain~,Jr., who sta,ted:

,

CHAPTER IV. PRACTICE AND EXPERIENCE ELSEWHERE

1 Report of the Committee on the Age of Majority, Her Majesty's Sta-tionery Office, London; 1967, 207 pp., Command 3342.

The English Family Law Reform Act 0/1969

In 1965, a commission was appointed by the Lord High Chancel-lor in England for the following purpose:

To consider whether any changes are desirable in the law rela-tive to contracts made by persons under 21 and to their powerto hold and dispose of property, and in the relating to marriageby such persons and to the power to make them wards of thecourt.

1971.J

urgedguard

A l(and Slof thvoicec

IJ , suppoaction

Supducin,

(l(2

(3

(4

(5/II

Opr.two dthey ~in theof 16majormargiage \\riages

t Itthoseteen-a,;'other

Devel~

Votthe mlowerage is

[AprilSENATE- No. 1378.38

around students, there have been studies made on the workingyoung adult. His position in society is comparable to the positionof his grandparents, who were playing adult economic roles in the1890 to 1910 period; most 16-year olds were earning their livingat manual labor and many middle class youths were at work inoffices.

Today's young workingman assumes the role of an adult. He isexpected to do the same amount of work and live up to the samestandards of performance and responsibility. If married, he isliable for the .support of his wife and children. He· may demon-strate a more sociological maturity than· the unburdened student.

In 1967, a report was made titled "The Latey Report", namedafter John Latey, the Chairman of the Committee.1 Asa resultof the report, the EngliSh Parliament enacted into law Chapter 46of 1969 which is known popularly as the "Family Law ReformAct of 1969". The Act, with minor exceptions, applies to Englandand Wales only, and received Her Majesty's Royal Assent on July25, 1969. It became effective January 1, 1970.

The Act implemented the recommendations of the Latey Reportwhich established the a.ge of 18 as the·· attainment of full legalmaturity. Additionally, the report authorized the provision ofsurgical, medical and dental treatment to youngsters above theage of 16, contingent on their consent. However the commission

[April 1971.] SENATE - No. 1378. 39

orkingositionin theliving

ork in

He is e1~ same

he islemon-tudent.

HERE

lancel-

urged that laws relating to the maintenance of children underguardianship be continued so as to preserve benefits up to age of 21.

A lower legal age was generally advocated by the judicial, churchand social welfare oriented organizations although some segmentsof these groups expressed disfavor. Some municipal officialsvoiced their support but the business community echoed strong

, support, contending that the change would simplify business trans-actions.

Support Views. The main arguments advanced in favor· of re-ducing the legal age to 18 were:

(1) There is undeniably a great increase in maturity at that age.(2) The vast majority of young people are in fact running their

own lives, making their own decisions and behaving as re-sponsible adults by the time they are 18.

(3) It was not only safe to give responsibility at this age butundesirable, if not indeed, dangerous to withhold it.

(4) Youth considers themselves to be confident, self-reliant andindependent at this age.

(5) Youth already enjoys some adult privileges and must assumeadult responsibilities under the law at age 18.

ela-weragethe

named. resultpter 46~efonn

:ngland>n July

Report11 legal)ion ofIve thenission

ty's, Sta-

.,'1,\"J

Opposition. Of the eleven members of the Latey Commission,two dissented from the majority report. In their written dissent,they stressed that there was only a limited demand for any changein the existing law. They also pointed out that in a special surveyof 16 to 24 year old young people in which the question of a lowermajority age was asked, the young people themselves by a 2 to 1margin opposed any change. Their opposition to a lower marriageage was based on the fact that statistics sbow. that young mar-riages are three times more likely to end in the divorce courts thanthose between older people. Finally, the dissenters indicated thatt teen-age criminality reflected the absence of stability, respect andother traits normally associated with adulthood.

Developments Among the States

Voting Age. Prior to the November 1970 election, 46 states setthe minimum voting age at 21. The remaining four states have alower minimum voting age. In Georgia and Kentucky the votingage is 18, the former having adopted it in 1943 and the latter in

'40 SENATE - No.! 1378. [April 1971.

Cont~

ThcinctJ

uM

II:

Tbint

,a~

fe

'1955'. The '1950 Constitution provided fora minimum voting ageof 20' in Hawaii, which remained in effect when Hawaii' gainedstatehood in 1959. Alaska had a minimum voting age of 19 'as of1956.

The question of a reduced voting age has appeared ,on statepal10ts for voter action in at le8$t 30 jnstances ~iI1qe 1952.~ Untilthe" ,1970 'devel()pments results were ,oyerwhelmingly:adverse· ,tothe potential younger voter; only the voters of Kentucky ,werereceptive in 1955. A higher success ratio was achieved in the 1970elections when voter'approval was registered in six states ,(Alas. -19 to 18; Mass., Mont., and Wyo.-all 19; and Me. and Neb. -,age20). At the same time the "younger" voter was turned down

" "" ',' .""',,, ' ' ,'"in rline jurisdictiOJ;iS (Conn., Fla., Ha. and Mich. ,-'" 18 year oldproposals; Colo., Minn., N. J., S.D. and Wash. -" 19)~ Thus lowervoting ages are now ine.ffect in nine states. However, as tl1e re-sult of a re¢ent U.S. Supreme. Court decision, 1,8 year oldsmayvote, in Presidential and federal elections.

In at least six states, new or stilllowe'r age proposals have beenapproved' once and, U simila~ly'approved in subsequent legislativesessions, they will be submitted to the electorate in 1972 (Del.,~a., Mass., Nev., Pa. andR.L).

Majority Age. The age of majority in most of the 50 statesremains at 21. Only five states have lowered such age for bothsexes so thai it either applies universally or inpractiCany all cir-cumstances, n8m~ly Alaska (19), California (18, ' if' married),Hawaii (20), Kentucky (18) and Maine (20). In Alaska,however,the 'marriage age is 21' for males and 18 for females. In' Maine,also; it married person of any age may dispose of propertY'by willor convey real estate by deed.'. In nine states, females reach the age of majority at 18 (Ark., i."ida., Ill., Mont., Nev., N.D., Okla., S.D., arid Utah). Nineteen states fi •permit an 18 year old to make a will~(Ark, Colo., Conn., '"I:>e};',Fla., Ga., Ida., Ill., Md., Mo., Mont., N.H., Nev., N.D., Ohio, Okla.,S.D., Tenn. and Utah). In Louisiana, a'16 'year'oldcan make; a"\villand in Texas, a 19 year old.

Legislation is pending in Florida and Iowa to lower the age ofmajority to 18 and 19 respectively. Lower age proposals'were re-jected iri the last legiSlative session•.inConnecticut and LOuisiana.

LamaU18 t

[April .1971.] SENATE - No. 1378. 41

,III~~

ng agegainedgas of

Lastly, in Oklahoma the Legislative Council is ,studYing thematter of raising the present age of 'majority, for females from18 to 21.

e t'

.", CHAPTER V. LEGAL STATUS OF 18-20 YEAR OLD YOUTHIN MASSACHUSETTS

Contract Rights and Obligations

The law relative to minors' (under 21 years) contracts is suc-, .cinctly stated in Simpson's Summary of Basic Law, as follows:

lstateUntil

~rse, toy,werele 1970llas.-~eb. -i down~ar old) lowerthe re-ismay

re beenislative

(Del.,

states.r bothall cir-LITied) ,~wever,

Maine,by will

(Ark.,l states:., ·"r>et',Okla.,

~;a'Will

age ofere re-siana.

•

1 • ~"

((Minors.~

Subject to certain exceptions to be hereinafter mentioned, aminor's express contracts are voidable by him, or by a guardian.This is true even as to express contracts for necessaries, the lia-bilities for which is on implied contract for the fair value of the •.necessaries. ,

As indicated above, there are certain exceptions to the nile ofavoidance of his contracts by' a minor. Among these are thefollowing:

(a) Under statute, a minor over 15 years of age is bound bya contract for insurance for life, or on an endowment plan,Qfwhich a husband, wife, children, mother, father, broth~r orsister is the beneficiary (G.L. c. 175, s. 128).

(b) While an executory contract to form a partnership isvoidable by a minor, if he becomes a partner, ,his right in firmassets is to share in the net balance after all firm obligationsare paid; thus the minor may not disaffirm to the extent of de-

: priving firm creditors of that part of firm capital contributed by'the minor. !f,for example, the firm were insolvent, creditors,woUld be entitled to be paid to the full extent ,of the firms assets.

(c) By statute, "the signature of a married woman under 21affixed by her to any instrument relating to the conveyance ofland of her husband shall have the same effect as if· she were' 'over that age" (G. L. ,c. 189, s. 6). .

,- (dlBy statute, -a female minor wh()'has become 18 may join c ''with her guardian in making '~certai:n:ante-nuptial co~tracts and ; ,for this purpose the guardian and ward may convey her'> real.and persona!' property to trustees approve(i by the probate'courts ... and such conveyance shall have like effect asi! said

',minor were, of full age" (G. L. c.'209, s.27);(e) By statute, "Residents of this commonwealth Who ;'are-;

42 SENATE-. No. 1378. [April 197:

veterans of World War II and are entitled to the benefits pro-vided by the federal law known as the Servicemen's Readjust·ment Act of 1944, and also called the G. 1. Bill of Rights, mayparticipate in such benefits notwithstanding that they are under21 years of age, and for said purpose such minors shall have fulllegal capacity to act in their own behalf in the matter of con·tracts, conveyances, mortgages and other transactions, and withrespect to such acts done by them they shall have all the rights,powers and privileges and be subject to the obligations of per-sons of full age" (St. 1945, c. 408).

(f) It has been stated by the full court, as an interpretationof section 26 of the Sales act