objected to. The ground was taken that if
they did not leave New York with the inten-
tion of taking up their residence in Mary-
land, they were not entitled to vote. I asked
the party who applied to vote, whether he
purposed to make Maryland his residence.
and he said he did not. I asked him whether
if he should return to New York, be should
claim his residence there, and claim a right
to vote there, and he said that he would.
And yet because he had been as a soldier in
the State Of Maryland for twelve months, be
claimed a right to vote. And the judges
contrary to the law of the land, allowed that
one individual to vote because he was willing
to swear that he claimed his residence in
Maryland.
Now this section is to meet cases of that
sort, where parties make the broad statement
that they did not leave home with the pur-
pose of making their permanent residence in
the State of Maryland; but leave home under
the orders of the government, and would
claim their residence in the State from whence
they came, in case they were there on the day
of election. This additional section is inten-
ded to prevent the judges of election, who are
not always the wisest under our election laws,
from admitting the votes of such men against
the votes of you and me, who are loyal citi-
zens of the State, and who have an interest in
the general welfare of the State. I think it
is a wise provision, and well adapted to meet
cases of that sort. Now while I admit that
this convention has gone much further into
legislation than I believe a constitutional con-
vention is warranted in going, still as we have
resolved this body into a legislative body
rather than a convention to frame the organic
law of the State, and have gone thus far, let
us go on and define what shall constitute citi-
zenship. This section if adopted will accom-
plish that purpose, and we will have no
more difficulty in cases of the sort I have re-
ferred to.
Now in regard to the cases cited by the
gentleman from Baltimore city (Mr, Stock-
bridge,) of naval officers who are ordered
from place to place. They are generally sta-
tioned, in the places to which they are order-
ed, for two or three years, and sometimes
longer. They change their residence from
the place from which they remove to the place
to which they remove. They do it for the
purposes of a permanent residence; they take
their families with them; they become domi-
ciliated there; and that gives them all the
rights of citizenship under the law. I hope
that the section proposed by the gentleman
from Anne Arundel (Mr. Miller) will be
adopted,
Mr. MILLER. I would like to read to the
convention some of the provisions of the con-
stitutions of other States upon this subject.
The provision in the constitution of New Jer-
sey is as follows: |
"That no person in the military, naval, or
marine service of the United States shall be
considered a resident of the State, by being
stationed in any garrison, barrack, or military
or naval place or station within this State."
The provision of the Illinois constitution is
as follows:
" No soldier, seaman, or marine, in the
army or navy of the United States, shall be
deemed a resident of this State, in consequence
of being stationed at any military or naval
place within the State.
Mr. STOCKBRIDGE. Read the section before
that,
Mr. MILLER [reading.] "No elector shall
be deemed to have lost his residence in this
State by reason of his absence on the business
of the United States or of this State."
The two together make a provision very
similar to the one I have offered. In the con-
stitution of Iowa, we find the following pro-
vision :
" No person in the military, naval, or ma-
rine service of the United States shall be con-
sidered a resident of this State by being sta-
tioned in any garrison, barrack, or military
or naval place or station within this State."
The constitution of Wisconsin contains this
provision:
" No person shall be deemed to have lost his
residence in this State ley reason of his absence
on business of the United States, or of this
State.
"No soldier, seaman, or marine, in the
army or navy of the United States, shall be
deemed a resident of this State in consequence
of being stationed within the same."
In Oregon, one of the latest States, they
have adopted this provision :
"No soldier, seaman, or marine in the
army or navy of the United States, or of their
allies, shall be deemed to have acquired a
residence in this State in consequence of hav-
ing been stationed within the same, nor shall
any such soldier, seaman, or marine have the
right to vote.' '
I have not looked over all the constitutions ;
but I find this provision in most of them; and
I think it would be a very wise provision to
be put in our own constitution.
Mr. SANDS. I would ask the gentleman
bow he would meet such a case as this; suppose
a party came here to the naval school
and was stationed here, and was here a year.
How could he swear that it was his intention
to become a resident or citizen of Maryland,
and when he knew that that intention might
be controlled, the next day after be took the
oath by the President of the United States.
Mr. MILLER. If he does swear that, this
provision would prevent his voting.
Mr. SANDS. There is a difference between
the section proposed by my friend, and those
sections which he has read. The circumstances
under which the sections were adopted are
different from those around us here. Those |
