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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 81   View pdf image
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81
might be prepared to offer an amendment, which
would obviate his objections.
The question was then taken and the amend-
ment of Mr. CHAMBERS was agreed to.
Mr. SELLMAN enquired whether the amend-
ment would be open to amending in Conven-
tion?
The reply from several quarters was in the
affirmative.
REGISTRY LAW.
Mr. JENIFER said he was gratified to find that
we had gotten through with the first section.
That difficulty having been surmounted as far as
the Committee was concerned, he would now
move the amendment which he indicated some
days ago.
"That the Legislature may provide for a uni-
form registration of voters within the State of
Maryland, which shall be taken and held as the
only evidence of the qualifications of said voters,
to vote at any election that may hereafter be held
in the State."
Mr. J. said, it was admitted by all that under
the present system frauds were committed upon
(be right of suffrage, and the purity of the ballot
box annually invaded. It was also admitted that
a remedy should be applied, but it was objected
that none heretofore proposed would be adequate
to correct the evil—hence, all have been
rejected. A registry law, with proper provisions,
seemed to him to be the best measure to accom-
plish the object.
The distinguished gentleman from Cecil) (Mr.
MCLANE,) suggests additional penal law;. The
gentleman from the city of Baltimore, (Mr.
PRESSTMAN,) thinks that the committees of vigi-
lance at the polls, the most effectual preventive.
The gentleman from Caroline, (Mr. STEWART,)
says, give to every voter a homestead, and other
gentlemen have given their views, but no defi-
nite proposition made, which has not been rejec-
ted. If then, this Convention, seeing the evils
of the violation of the elective franchise, the
innumerable frauds committed at every election,
cannot provide the remedy, Jet us, at least,
place it in the power of the Legislature, to
make inch regulations as may be adequate. The
registry law of 1837-8, which was repealed in
1839, is referred to, as evidence against it It
should be recollected that that law was confined
to the city of Baltimore. It was partial and invidious;
many believed it to be unconstitutional,
as he (Mr. J.) did. It imposed duties upon the
electors of the city of Baltimore, which were
not common to others of the State. The law
itself was inadequate.
By adapting the amendment now proposed, it
will enable the Legislature to pass a Registry
Law with such provisions as may guard the bal-
lot box from fraud and place all the voters of the
State upon the same footing. The question of un-
constitutionality Will not arise the experience of
the past will be beneficial to the future—no
honest man entitled to a vote, will be deprived
of the inestimable privilege, whilst it will pro-
tect the elective franchise in its whole purity.
Gentlemen are quite indignant at the proposi-
11
tion to make five days residence in an election
district necessary to entitle the elector to vote-
and seem to think that any guards thrown around
the ballot box to protect it from fraud, is a re-
striction upon the rights of the elector. It is
stigmatized by some as oppressive, a grievous
infringement of the elective franchise. How is
it that five days residence in a election district
in the city of Baltimore is a denial of the right of
suffrage, and the requirement of six months resi-
dence in the counties should be a just and neces-
sary restriction? Should the proposition now
under consideration be adopted, it will apply to
the whole State and there is nothing invidious in
it. Reject it and according to the construction
given to the clause in the Constitution by the
gentleman from Baltimore, and others, a single
night's sleep in any district will entitle the elec-
tor to vote in that district, whether for delegates
to the Legislature, members of Congress, or at oth-
er elections. Mark the difference as applied to the
counties. No elector can vote for a Governor
or member of Congress until he shall have a
bona fide residence of six months in the county
in which he proposes to vote. He may be eli-
gible as Governor or Representative in Con-
gress, and elected as such, but cannot vote him-
self, unless he has resided six months in the
county. Whereas in the city of Baltimore the
elector can cross over into any election district,
and by one night's residence vote in all cases of
elections. Is there not a singular inconsistency
in the action of gentlemen in regard to the elec-
tive franchise? No member of this body, no
honorable man in the State would deprive the
honestly entitled elector of his vote-no honor-
able man should encourage the vote of one not en-
titled. In either case it would be unjust and an
infringement upon the rights of those entitled to
suffrage. But if all the evils attendant upon ille-
gal and fraudulent voting, cannot be arrested,
does it follow that we shall not make such whole-
some regulations as may prevent a portion of
them.
Mr. RICAUD offered an amendment to which-
Mr. PRESSTMAN suggested a modification by
the insertion of the word "unfair," &c.
Mr. RICAUD accepted the suggestion, and the
amendment was read as follows:
Insert after the word "Maryland," the follow-
ing:
And from time to time thereafter, of all who
may become such qualified electors;" and add
at the end of the said amendment, the words fol-
lowing: "or some other uniform provision where-
by the legal and qualified electors may be fully
and truly ascertained, and the elective franchise
protected from all fraud."
Mr. JENIFER accepted the first branch of Mr.
RICAUD'S amendment as a modification of hi»
own.
Mr. KILGOUR said, he desired to move an
amendment to the amendment of Mr. JENIFER—
by striking out in the first line the word "may,"
and inserting in lieu thereof, "shall not." Mr. K.
also desired, he said, to make a speech, hut
thought he could make it better on Monday than
to-day. Some opportunity should also be allowed


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 81   View pdf image
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  << PREVIOUS  NEXT >>


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