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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 51   View pdf image
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51
six months.. Different parts of the city of Balti-
more now compose one entire Congressional dis-
trict, and the other a portion of another Congressional
district. A citizen of that city, then (no
fixed duration of residence being required, in mi-
grating from district to district within the same
county or city,) can acquire the right of voting
in the district in which he has not before resided,
though it be for a representative of a different peo-
ple from those with whom he has before resided,
by passing over the line separating the two dis-
tricts only a few before before the election; whilst
another citizen of the State, equally entitled to
the right of suffrage, but an inhabitant of another
county, cannot come into the same district and
acquire the right of voting without a previous
residence of six months. This is unjust. But
the worst feature is, the facility it gives to the
perpetration of frauds on the elective franchise,
under the system known by the name of " colo-
nizing voters "—which facility, it ie said, is ex-
tensively availed of. And it is this great evil we
propose, in some measure, to correct by the
pending amendment. It is not perfect I know,
out it is better than nothing; and the best, it seems
from the previous votes of the Convention, we can
now obtain. It will answer to some degree, the
object of requiring the six months previous resi-
dence within the counties, which I take it must
have been in part, at least) to arm the resident
legal voters with the means of protecting them-
selves from the perpetration of such frauds upon
this their dearest of political rights. By a pre-
vious residence among the people entitled to vote
at an election, the person claiming that right be-
comes known, and his right or the absence of it, is
of easier proof by those disposed to guard the pu-
rity of this franchise, and does not, therefore, de-
pend exclusively upon statements or proof de-
rived from the claimant himself.
Thin five days does not, I admit; take away the
inequality of the operations of the present sys-
tem, as regards the citizens of other counties, nor
is the means of self-protection it affords to the
resident voters of the district perfect; but it is
much better than nothing, and will prove a very
great impediment in the way of the perpetration
of the species of fraud complained of. Mr. MERRICK
added, he would have said much more, but
he really felt he was physically unable.
Mr. PRESSTMAN stated that it had been held by
the judges in Baltimore, that no man is entitled to
vote in a ward unless he goes to reside, previously,
in the ward, with a bona fide intention to re-
main there. He must be a resident of the ward
at the time of the election.
Mr, CHAMBERS. For how long before the
election ?
Mr. PRESSTMAN. He must have lived there
the flay before.
Mr. CHAMBERS. And may leave the day af-
ter—a bona fide intention to remain one day and
go away the next.
Mr. PRESSTMAN. Could any reasonable man
consider that as a bona fide intention to reside
there ?
Mr. MERRICK. Yes, the voter must have a
bona fide intention to remain one day.
Mr. SPENCER said he had very briefly, on yesterday,
expressed his opposition to the amend-
ment under consideration. He did so, at the ,
time, in consequence of members having imput-
ed to those who voted against it, an indisposition
to preserve the purity of the ballot box. He
had, at a very early period, offered resolutions
to this Convention, which afforded indisputable
evidence of his feelings on that subject. He
now rose to notify this body of his intention, at
the proper place, to offer the following amend-
ments. which he read, as follows :
" Insert after the second section, the follow-
ing additional sections:
" Sec, 3. That every person who shall be
elected to any office whatever, at any election
to take place in this State hereafter, or who
shall be appointed to any office whatever in said
State hereafter, shall, before he enters upon the
duties of the office to which he may be elected
or appointed, first take and subscribe the follow-
ing oath (.if not conscientiously scrupulous, and
in such case, affirmation) before some one of the
Judges of the Court of Appeals of this State :
"I--- do solemnly swear, that I have not
at any election held in this State since the ratifi-
cation of the new Constitution of this State, or
in any manner violated the provisions of the se-
cond section of the new Constitution relating to
bribery, and that I have not procured or induced,
by any means, any individual or individuals to
vote at any such election in violation of the pro-
visions contained in the first section of said Con-
stitution relating to the age and residence of vo-
ters,"
And any person who shall swear falsely in the
premises, shall be guilty of perjury, and on con-
viction in due course of law, subject to all its
pains and penalties.
Sec. 4. That the Judge, before whom such
oath or affirmation shall be taken, shall cause
the same to be subscribed by the person so swear-
ing or affirming, in a book to be by him kept for
such purpose, a duplicate of which said oath or
affirmation, as the case may be, he shall trans-
mit to the Clerk of the Court of Appeals of this
State, with the name of the individual who took
and subscribed the same, designating the office to
which he has been elected or appointed, to be by
the said Clerk, whose duty it shall be to do so,
recorded in a book to be by him kept for such
purpose, among the records of the said Court of
Appeals, a certified copy of which said oath or
affirmation, by the said Judge under his seal, or
of the said duplicate by the said Clerk under his
seal of office shall be had, taken and received
as evidence in any of the Courts of this State
having criminal jurisdiction.
Mr. CHAMBERS asked permission of the gentle-
man to state the fact, that the committee had a
meeting yesterday, at which the principle of the
amendment now suggested by the gentlemen from
Queen Anne's was agreed to. He had been ex-
pected to reduce it to form, and present it as a
supplementary report. It would be reported to
the Convention as soon as he could prepare it.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 51   View pdf image
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