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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 37   View pdf image
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37
such men, and who, in consequence this
enlargement of the term required for residencee
would the more readily detect them. And how
easy is it for individuals, or classes, to come into
a ward to sleep for one night in order to be enti-
tled to vote. This has indeed been done, if we
are to believe the current reports. But the al-
legation is, that the frauds are perpetrated by
foreigners; but they originate not with them,
hilt with our own people who are eager to secure
their votes. Another evil is that of double voting,
the same persons having voted at different
polls on the same day. It had been replied to
this) that even if they had done so, no harm
could result, that it was only a fuller expression
of public opinion! But when this practice
is carried into the Congressional districts in
the State, the result is more important, tending
as it does to change the whole character of our
government. He was opposed to this system of
aggregate voting, he wished to see the people
represented by delegates not elected in this mode,
not by an aggregated franchise, but by the votes
of their own proper constituency. This was the
best system. He desired an expression of the
sentiments of all, on the subject, that we may,
by a compromise, adopt that mode which is
most approved. He wished a full expression of
public opinion at the polls, and thought this
amendment would effect it.
Mr. PHELPS consented to modify his propo-
sition. But a general desire being expressed to
take a vote on " thirty," he adhered to his orig-
inal motion.
Mr. RIDGELY, in consequence of the impati-
ence of the House to take the vote, very briefly
addressed the Convention in correction of the erroneous
views which he thought gentlemen had
taken with regard to the question of residence.
The gentleman from Dorchester (Mr. PHELPS)
appeared to entertain the belief that thirty days
residence meant actually the presence of an
individual in the ward for that time previous
to the election; and that he lost his right to
vole because his residence was not qualified
by his presence. The fact of residence must
be determined by the quo anima. He would illustrate,
by putting a case. You bring a man
desirous of voting to the Judges of election at one
of the wards of Baltimore city. He may have
worked twenty-nine days out of the ward, and re-
lying on his residence, comes to vote. His vote is
objected to because he has not resided the thirty
days required by this proposition. He replies,
that although he had been at work out of the
ward for twenty-nine days and actually present
ill the ward only one day, yet he considers that
his place of residence, and he is ready to swear
to the fact. Here then the question of the quo
anima comes up for consideration and determines
his right to vote.
Hitherto, he had voted against all restrictions
on the suffrage. He would continue to do so.
It was his wish that the ballot-bos should be
preserved in all its purity. And, at a proper
time, it was his intention to submit a proposition
for purifying the ballot-box. He thought the
familiar adage ought to be reversed, and that an
ounce of cure was worth a pound of prevention
in this instance. All the expedients which had
hitherto been introduced, might perhaps have the
effect of reaching one or two illegal votes, while
they would operate against twenty legal ones.
While preventing illegal voters from treading on
the heels of legal ones, we may perhaps impose
restrictions on legal voters. He did not think
the amendment would produce good.
Mr. MERRICK said his opinion was precisely
in opposition to that of the gentleman from Bal-
timore county on this point. He believed as the
old adage quoted by the gentleman runs, that an
ounce of prevention is worth a pound of cure.
Mr. RIDGELY explained that he wished to re-
verse the adage.
Mr. MERRICK understood this, but differed
with the gentleman, and thought now, as in times
of yore, " an ounce of prevention was worth a
pound of cure," and he therefore was for making
provision to prevent the evil complained of. He
had been altogether averse from the various pro-
positions discussed during the last few days,
making, as he conceived, invidious distinctions
between different classes of citizens. The
amendment of the gentleman from Dorchester
did not partake of that character, and was in his
opinion wise and salutary—more useful even
than the requirement of the six months' previous
residence within the particular county.
For what purpose is the qualification of six
months' previous (residence in the county, now
required by your laws, and still without objec-
tion, proposed by the periding report to be con-
tinued? Certainly not for the purpose of in-
suring to the voter a sufficient knowledge of our
interests and local institutions to enable him to
exercise his right of suffrage understandingly—
this purpose is accomplished by the requirement
of twelve months' previous residence in the State
—for what purpose then is this residence within
the particular county of six months required ?
Plainly that the voter may have ideality of feel-
ing and interest with the community for whom
he purposes to aid in electing a functionary, and
also that he may become sufficiently known to
the people of the vincinage to render the proof
of his right to vote easy, and the avoidance of
spurious voting by transient persons more certain.
And for the very same reasons was the requirement
proposed by the gentleman from Dorches-
ter of thirty days' previous residence in the par-
ticular election district necessary and proper.
To give to the great body of the resident and
legal voters of every district, a sufficient oppor-
tunity of knowing who were legal voters among
them, and thereby protecting themselves from
frauds upon the dearest and most sacred of all
the freeman's privileges, the right of selecting
his own functionaries, by the abominable system
of colonizing voters, as it is called; that is, of
sending voters for a single night before an elec-
tion from one district to another, for the purpose
of there voting and controling the election.
Something had been said of correcting this abuse
by penal enactments, to provide for the punish-
ment of the fraudulent voter,—but he preferred


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 37   View pdf image
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