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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 64   View pdf image
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64
corrupting purse of wealth might be increased
beyond what it is now. Poor tenants might be
turned out, so as to prevent them from exercis-
ing their legal right to vote. The gentleman
from Calvert, (Mr. SOLLERS) had said that eve-
ry State had adopted this principle.
Mr. SOLLERS explained. He had said that
every State had acknowledged the right to impose
restrictions on the Elective Franchise by a Con-
vention.
Mr. STEWART, resuming. So had every State
acknowledged the principle of representation.
One gentleman had referred to the language of
the Constitutions of some of the States. Gentle-
men are in the practice of quoting just so much
of an authority as sustains the position they as-
sume, while they reject what is not in conform-
ity with their particular views. He indicated
his intention at a proper time to introduce a
homestead exemption in order that every man
might have an interest in the State, as was de-
signed by our original Constitution, and which
would tend much to purify the ballot box, by
elevating the citizens. The gentleman from
Calvert, said, that the Constitution required a
residence of twelve months in the State, and of
six months in the county. Did the gentleman
know why this residence restriction was inserted
in the Constitution? It was not so much to
prevent frauds, as to give every voter an interest
in the State. A citizen of Delaware would not
be permitted to vote in Caroline, because he had
no interest in the county.
He then adverted to the distinction which ex-
ists in consequence of the division of Baltimore
city into two districts, and of the arrangement
of Howard District and Anne Arundel county
into districts, contending that this exception to
the general rule in the State, was a convenience,
and did not change the result of an election, no
matter in which of the districts the voter cast
his vote. The fact of his residence gave him an
interest there. The law of Congress prescribes
five years as the term before foreigners can be
naturalized, that they may acquire an interest in
the country, and he was opposed to any distinc-
tion between naturalized foreigners, who had re-
sided in the State and county the required term,
and native citizens. He was aware that there
were conflicting opinions on this point, some
gentlemen being desirous of restricting foreign-
ers from the enjoyment of the Elective Fran-
chise, not reflecting that some of these may be
allied by blood to some of the original framers
of our Constitution.
He knew not how the five days restriction
could prevent frauds, unless on the ground that
by excluding all voters, you exclude the illegal.
We are engaged in framing an organic law; and
while we are doing this, we should secure the
legal voters in their rights, and prevent those
who have no legal right from participating in
the Elective Franchise.
Mr. PRESSTMAN was willing to acknowledge
that frauds had been committed upon the Elec-
tive Franchise in the city of Baltimore, but the
great question was, is the proposed remedy like-
ly to abate the evil? He thought it would rath-
er tend to increase than diminish the evil. In ma-
king the admission, that election frauds had been
perpetrated, he did so because he believed, to
deny that would induce the Convention to receive
any future statement of his in a spirit of doubt
and cavil; and he was unwilling to lose even the
small influence he might enjoy in that honorable
body. He claimed to be well acquainted with
public sentiment in the city of Baltimore, but
any thing he should say was upon his own respon-
sibility. Each member of the city delegation
was alike responsible for what he should say, to
his constituency. You could not find any indi-
vidual in Baltimore city who would say that no
fraud was committed on the ballot box, but he
denied the extent to which it is alleged to be car-
ried on there, the vigilance of party prevented.
The citizens of Baltimore are not alone respon-
sible for the fraudulent abuse of the Elective
Franchise. It has been frankly admitted by hon-
orable gentlemen on this floor, that there are
fraudulent practices in the counties, and that
large sum» of money are contributed for elec-
tioneering purposes. Money is raised in the city
of Baltimore to be used throughout the State.
He believed his friend from Calvert bad honest-
ly introduced the Registry Act, and intended it
not to operate in Baltimore city alone, but through
the State.
Mr. SOLLERS. 'Through all the State?
Mr. PRESSTMAN said he so understood, and
when that subject should come up he would en-
deavor to show that a Registry might be made
a mere instrument of fraud in the hands of the
party to which the Registers might belong. He
adverted to the practice of bribery as the pre-
sent source of evil, and which existed in the
counties to a great extent. He could put his
hand upon honorable gentlemen in the Conven-
tion, who had admitted the existence of this spe-
cies of corruption.
Mr. SOLLERS. The gentlemen will speak for
himself; he has no right to put his hand on me,
Mr. PRESSTMAN. Honorable gentleman around
me have frankly made the admis-
sion, and it cannot be denied, though he believed
that some few counties were not obnoxious to
the charge.
He went on to state the requirements of the
law as it now exists, and denies that a mere
temporary residence entitled a party to vote in
an election district. The residence must be
bona fide, without the animus revertandi. The
amendment proposing five days residence, would
open the door to fraud, and render it more easy
of perpetration. He was opposed to experi-
menting upon the right of suffrage. Like in many
cases of sickness, it was better to rely upon the
healthful re-action of the system, than resort to
nostrums. Entire purity was not to be expected
—the church itself was not pure. He regretted
that the discussion had led to any disagreement
between the gentleman from Calvert and the
gentleman from Cecil. He did not believe that
the former had intended to impute unworthy mo-
tives to the latter. In a Maryland Convention,
when a gentleman designed to be personal, he
would find language so to express himself as not


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 64   View pdf image
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  << PREVIOUS  NEXT >>


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