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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 59   View pdf image
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59
dent in a county which was the first that
had been settled in the State. He might have
lived there all his life; he might be a descendent
of the very men who had first landed upon the
shore, he might have resided in one district in a
county for twenty-five or thirty consecutive
years--the same district perhaps in which his ancestors
had resided, and where in his own prop-
erty was, and yet because upon the day of the
election, or the day before, he should see fit
from motive of business, or health, or pleasure,
bona fide to remove himself and his family into
another section of the county in which he bad
every thing at stake, and to which he had every
thing to bind him, he was to be disfranchised be-
cause be had not been resident of District No. 1,
more than one day; and yet he might have resided
in the adjoining district No. 2, for twenty-five or
thirty years. The officers who were to be elected
were men to whose hands his interests, his rights,
his life, and that which was dearer to every
rightly constituted mind—his reputation, were
to be entrusted, and yet he was not allowed a
voice in their selection. Such were the conse-
quences, which would result from the proposition
lor a five days residence. He could not, under
any circumstances, give it his support.
But if frauds did exist, it was more probable
that they would exist in the city of Baltimore
than in the counties. He made this assertion
only because the larger and increasing popula-
tion of that city, made it more difficult lor the
judges of election, or those persons interested in
the election, to know who the legal voters were.
He referred to the allegations of fraud and cor-
ruption which had been made against the coun-
ty, which he in part represented, (Kent,) and
vindicated her from these allegations. He had
been a politician for twenty years; yet, be had
never known a case in his county where a suc-
cessful attempt had been made, either by a na-
tive born citizen, or a foreigner, to interfere with
the elective franchise. In regard to coloniza-
tion in that county, he could only say that it
was the same kind of colonization already spok-
en of; it had taken place in high party times,
and it was the work of the old federal party.
But, if there frauds, about which, so many confessions
had been made, did exist, they were far
more likely to exist in the larger counties, or in
the city of Baltimore. In the smaller counties,
the probability of their existence was not so
great, because the people residing therein, were
so much better acquainted with each other. The
remedy preposed would fail to answer the object
and would be a dead letter upon the Statute
Book.
How, then, was the Convention to act ? By
prescribing and setting forth plainly and emphatically,
what this great constitutional right was,
and when that shall have been done, to cultivate
on the part of the citizens of the State a due appreciation
of its value, to make every man free
to exercise this inestimable privilege. and to
make it his interest and his duty to protect it
alike from secret corruption or open invasion. If
we hid an enlightened people—if every man was
made to understand his constitutional lights, and
to cultivate in his bosom a love of country, and
devotion to its institutions—every man would.
be made the guardian of this right. We should
then depend neither on courts of justice, nor
jurors, nor officers for the enforcement of the
right, or for its immunity from violation. His
life, upon it, if the punishment were made commensurate
with the offence, there need be but
one or two convictions to put an end to such of-
fences.
How were these frauds to be checked ? He
thought that the best protection was that which
he had indicated. It was by an enlightened pub-
lic opinion—it was by instructing the rising
generation—by multiplying school-houses, and
thus ensuring a sound, healthy, moral condition
of the public mind. For wherever there was an
enlightened public opinion, the rights of every
man would be guarded and respected, just as
wherever there was an ignorant people, there
would be a people that could be led by design-
ing men to the commission of fraud, perjury, or
other crimes.
But this process might be regarded as too.
tedious. We should then guard against these
frauds by giving to the legislative branch of the
Government, power to devise ways and means,
to prevent these frauds, and if they could not be
prevented, they should be made the subject of
exemplary punishment.
He referred to the registry law which had been
passed some years ago, and to its repeal after a
brief existence. It was a failure. He was a
member of the Legislature, by which it had been
passed and repealed. The objection against it
was not that, if properly regulated, it would
not answer the object for which it had been de-
signed, but that the measure itself was unconstitutional
—that the Constitution itself deter-
mined by whom, and in what manner the elec-
tive franchise should be exercised, and that the
Legislature in undertaking to impose restrictions
unknown to the Constitution, exercised a power
not given to it, and that, therefore, the law was
null and void.
Mr. R. also suggested, as a means of protecting
this right, a small tax, to be laid by the Legisla-
ture, for purposes of education. He cared net
bow inconsiderable the sum might be.
It had been said, that ;in the violent combats
of party which might occur, not only this right
but every other which was dear to us, might be
taken away. He had no such apprehension.
Such was his confidence in the general patriot-
ism and intelligence of the people of the country,
that he did not think our institutions would ever.
be endangered from this source; for whenever
any party, however strong, should attempt to
trample upon our Constitutional rights, it would
soon find itself hooted into a very small minority.
The whole history of the country had demon-
strated that, however violent the struggles of
party might be with each other, the moment the
country was in peril, both were found ready to
do their whole duty to it. Such, he believed,
would ever be the case. The struggles of party
would continue to be, as they had always-been,


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 59   View pdf image
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