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QUALIFICATION OF VOTERS.-GRISWOLD-WALKER — UPTON — EDWARDS.

Is there any more want of dignity in that definition of residence than in this of inhabitant.

The gentleman suggests that if we undertake to incorporate these provisions into the Constitution we will have to determine the law as to whether a man's actual presence is conclusive evidence of his residence. But, the Constitution already has settled the difficulty in that respect, because it says that a man's residence (or inhabitancy, the same thing) shall be where he dwelleth, or hath his home. Therefore, the Constitution goes so far as to declare that a man shall have a domicil in order to qualify him to vote. Now, it is proposed to make this a little more definite, so as to say that, by reason of presence or absence from, or in a particular place, a man shall neither acquire or lose inhabitancy. Thus, a student will not lose his residence at home nor acquire one at college, without clear and explicit acts other than being present four or six years there. A gentleman, whose opinions upon this subject should be conclusive, (Mr. Morton, of Taunton,) says, that this provision is in conformity with the present rules of law. I have no doubt that it is, and I have no doubt that the supreme court, if they were called upon to consider this question, would say, as they have said, that actual presence was only one of the evidences of residence, but not conclusive evidence. Yet, while the court would so construe it, selectmen do not, or may not, and between the home of his birth and the place of his residence, the student, and others like him, lose their votes. It would be well, therefore, to have all doubts removed by a plain provision in the Constitution, though it is not indispensable. I think it is wise, on the whole, to incorporate such a provision into the Constitution as is proposed.

On the other proposition, which is designed to secure the voter's right in one town until he can acquire that right in another, I have a much stronger conviction of its necessity, because it affects the security you give to every voter who may be under the necessity of removing his residence. I hope, therefore, that it will strike gentlemen favorably. It is very important that voters should know what their rights are, especially the working classes, whose employments require them frequently to move. If a man residing in one town goes into a neighboring town, especially in cases where the change of domicil is often matter of great doubt, let him know how long a time it takes before he loses his right to vote in one place and acquires it in another, and do not leave him in this position so that when he comes to the polls, where he always has voted, for the purpose of voting, they can say to him "You shall not vote here, although your name is on the list, because you moved out of town the other day;" and then if he goes back to the other town that he shall be told that he cannot vote there because he has not acquired a six months' residence. When such a case happens, which is often, perhaps the man goes to a lawyer and gets Whig opinion or Democratic opinion, just as the case may be. They tell him

to vote, or not to vote.

If he votes there, he is

prosecuted and must stand trial. I am proud to say that I have defended more than twenty cases of the kind, where men have gone out of the city of Boston for a temporary or doubtful purpose, and have voted under threats of prosecution, and I am able to say that no jury was found to convict any man in my hands under such a state of facts like

these, because the sense of right is so strong, as to a citizen not losing his vote. Now, I wish to save a min from such inconvenience, annoyance, expense and uncertainty. And this can be done by so providing that his name shall not be taken off the check list in the town where he has had a home and voted, until he has lived in some other town (unless he has left the State) long enough to have a home there. The provision is a very proper one, because the Constitution, as now proposed to be recommended to the people, will continue to provide as heretofore that there shall be a residence of six months in the new place before he can put his name on the new check list. I say, then, with great deference to the opinions of the gentleman for Manchester, (Mr. Dana,) that I think it is a sound principle and ought to be put into the organic law.

Mr. GRISWOLD, for Erving. It is very apparent, from the course which the Convention has taken on this resolution, that we shall not come to a satisfactory conclusion with regard to it to-night; and as distinguished legal gentlemen have come to quite different opinions with regard to its operation, it seems to me that it should be recommitted to the Committee for some further modification. I therefore move that it be recommitted to the Committee.

The motion was agreed to.

The PRESIDENT. The fourth resolution is now the next to be considered. The question is on the adoption of that resolution.

The resolution is as follows:

Resolved, That all ballots required by law to be given at any national, state, county, or municipal election, shall be deposited in sealed envelopes of uniform size and appearance, to be furnished by the Commonwealth.

Mr. BATES, of Plymouth. I move to strike out the words "or municipal," and insert the word "or" before the word "county," so that it will read

Resolved, That all ballots required by law to be given at any national, state, or county election, &c.

Mr. WALKER, of North Brookfield. I understand the motion to be to strike out the word "municipal." If it is in order, I wish to move an amendment to the amendment, which is to stike out the word "municipal," and insert the word "city."

The PRESIDENT. der.

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That motion is in or

Mr. WALKER. The meaning of the word 'municipal” is understood to be doubtful, some applying it to cities only, and some to towns and cities. Great objections have been made by some of the delegates from the small towns against having towns included in this resolve. I have, therefore, moved that the word "city" be inserted so that it may be understood to apply only to cities. I think the objection is a sound one, inasmuch as I know it might cause a great inconvenience, in small towns generally, to procure the envelopes for the ordinary town elections. But the legi-lature will, I hope, next winter, apply the principle to towns; provided, nevertheless, that the inhabitants may vote to dispense with the secret ballot, by a vote of two-thirds, so far as the town elections are concerned. I believe that will obviate all the difficulty and leave the whole matter just precisely where it ought to be left. Therefore, I sin

[June 9th.

cerely hope and confidently expect the amendment I propose will be carried.

Mr. UPTON, of Boston. I sincerely hope it will not be carried. I shall move another amendment so as to include towns. It would be agreeable to me to strike the whole matter out, but the word “towns,” of all things, belongs there. The gentleman from North Brookfield has converted me on this point. He stated that there was one individual—and he himself was the man-who required that protection, not with reference to his vote for governor, lieutenant-governor, senators, or representatives, but with reference to the good people of his own town.

Mr. WALKER. I beg to say to the gentleman from Boston that I did not so state.

Mr. UPTON. The gentleman stated that in towns it was very hard to make a discrimination between one's friends, as I understood him.

Mr. WALKER. That did not apply to elections of representatives.

Mr. UPTON. Will not the gentleman apply it to selectmen?

Mr. WALKER. Yes, Sir.

Mr. UPTON. I am glad I have got the gentleman to make that distinction. I thought it was a nice discrimination, and difficult to distinguish between friends.

Another gentleman drew a very nice distinction. He says clergymen, in the small towns, find it very difficult. having individuals belonging to their parishes of different political parties, to meet these questions; and therefore, that was a good reason why they should be allowed to put their votes in in an envelope. I do not want to give the power to the legislature that they may say to the towns that, by a two-thirds vote, they shall be deprived of this privilege, if it is a privilege. And I put another question to the gentleman from North Brookfield. If he thinks that, at the next session of the legislature, they will pass a law making it imperative that towns shall vote in their town elections with the sealed envelope, why not leave that same question with regard to the cities? It seems to me that if any part of this proposition should be left to the legislature, the whole of it should be left to the legislature. I hope, Sir, there will be no discrimination in this Convention, but that we shall either include both towns and cities, or that we shall strike both out. I hope, therefore, that the amendment of the gentleman from North Brookfield will not prevail, and then I shall very cheerfully vote for the proposition of the gentleman from Plymouth, (Mr. Bates).

Mr. EDWARDS, of Southampton. I am in favor of the secret ballot for state officers, and I would argue that this ought not to be stricken out. If it is carried to towns in its present position, however, the people would almost universally vote against the whole, and we should lose the whole. If I wished that to take place I would make the argument which the gentleman from Boston has just made.

The facts are, we wish it for the election of state officers, senators and representatives—we wish it for all the officers chosen at the November election, so that we can put all our ballots into one envelope, and gentlemen will see that if it is not understood we can easily say to voters that we elect in the first place, in towns, a single moderator, and we must have envelopes enough to put one vote in each envelope. If there are

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QUALIFICATION OF VOTERS. — MOREY — STETSON — WALKER — HURLBUT,

three hundred voters, we shall want three hundred of them; and then for the town-clerk we shall want three hundred more; and for treasurer and selectmen, as many more for each of them. If our towns understand that we are to have envelopes for all of these separately, they will most assuredly go against the law. I do not know how it will operate in cities, having never resided in one; but it seems to me that it will be impossible to carry it out in towns.

Mr. MOREY, of Boston. It has seemed to me, since this system of secret voting was introduced, that there was more reason for applying it to the voting in towns than any other. When I lived in the country it used to be the case, and I presume the same is still true, that some gentleman would acquire a great deal of influence in the town, either because he was a gentleman of property, or a captain of a militia company, or who kept a country store, to whom, in some way, a great many persons in the town would become indebted, and would give to him mortgages upon their farms. The consequence was, that he would become a sort of dictator in the town. And it is very often the case that these persons are anxious to be moderators at the town meetings, or to be on the board of assessors, so as to be able to learn how much property any person has, and to ascertain whether it will be safe to trust them longer; or whether it is not time to take possession on the mortgage. Now, persons standing in that position in relation to these property holders who have mortgages on their farms, are very unwilling to disoblige them, very unwilling to vote against them, and they become a sort of perpetual dictators in the towns; and I think if the secret ballot is used anywhere, it ought to be used in such cases.

In regard to its being more inconvenient to apply it in towns than in cities, I do not know that it is so. It is said that it is inconvenient in towns, because they vote for town officers on separate ballots, with the names on different ballots. I know that in many towns they vote for nearly all upon the same ticket. But my belief is, that it is very desirable that the system should be introduced, and I think it would be desirable, that the legislature should pass a law providing for the manner in which the voting should be done, and everything in relation to it; for it often happens, that different modes are observed in different towns, and in the same towns on different occasions. The voters, consequently, come prepared to vote in a particular manner. And when they come to the polls, they find that those who have come earlier, have adopted some unexpected mode of voting, either to vote for each officer separately, or on a general ticket, as the case may be, and, of course they are surprised and unprepared to vote in that manner. I think it would be better to have the mode fixed by the legislature, so that it shall be uniform and all can understand it. This matter of secret balloting is of so much importance, that if it does cause some little expense and delay, I think that should not be regarded, in order to carry out the great principle, and be able to protect all the people of the town, so that they may vote freely, and not be under any apprehension that they shall be subjected to any trouble on account of having offended some leading man, who wishes to have the power to regulate the affairs of the town. I think the secret ballot should apply to all town elections, as well as others, and in the same manner as to cities, and in the same

manner as in cases of voting for governor, lieutenant-governor, senators and representatives. I hope, therefore, the resolution as it now stands, will not be changed.

Pending the motion of Mr. Walker, the Convention, at twenty-eight minutes past six o'clock, on motion of Mr. Duncan, of Williamstown, adjourned.

FRIDAY, June 10, 1853.

The Convention assembled pursuant to adjournment, and was called to order at 10 o'clock, A. M. Prayer by the Chaplain.

The Secretary read the Journal of yesterday.

Certain Persons Ineligible to State Offices. On motion of Mr. STETSON, of Braintree, it

was

Ordered, That the Committee to whom was referred so much of the Constitution, included in the first eight articles in chapter six, consider the expediency of providing in the Constitution, that no president, director, cashier, or other officer of any banking institution of this State shall be eligible to the office of governor, lieutenant-governor, senator, or representative to the general court, so long as he shall be such president, director, cashier, or other officer.

Orders of the Day.

On motion of Mr. PHINNEY, for Chatham, the Convention proceeded to the consideration of the Orders of the Day, being the resolves reported from the Committee on the Qualifications of Voters.

Mr. BATES, of Plymouth, having moved to amend the last resolve, viz.: that relating to secret ballot, by striking out the words "or municipal" in the second line, and inserting after the word "State" the word "or," and Mr. Walker having moved to amend this amendment by substituting for the word "municipal" the word " city."

The pending question was upon the amendment to the amendment.

Mr. WALKER, of North Brookfield. As I remarked yesterday, Mr. Chairman, it was the decision of a majority of the Committee who reported these resolves, that the word municipal, which is employed in the resolve under consideration, should apply to all cities and towns of the Commonwealth. Now, Sir, it has been said, though not in course of this debate, that the chairman of this Committee is desirous of forcing this secret ballot upon the cities and towns of the Commonwealth. In regard to this matter, I wish to say in the first place, that when the bill relating to the amendment of the secret ballot law was originally under consideration, I was asked to insert in it the words "cities and towns." I replied no, that I would not consent to do so, as it would make the matter too complicated. If the experiment is tried at all, I said, it must be tried in the most simple manner possible, otherwise the whole thing will break down, and we shall fail in securing our object. Then, in 1851, when the subject came before the next House of Representatives, the bill was again brought to me, and I was again asked to insert cities and towns. I still persisted that it must not be done, as it would endanger the experiment, and we should fail in our object, and it was not inserted.

[June 10th.

In 1852, it was again brought to me to make some additions to the law; and I was then pressed very strongly by representatives from cities and towns to insert these words. I said no, for the same reason as at first, that the people must have a fair demonstration that this is the best mode of voting, before we could take any further steps in the matter, and then they might extend it as far as they pleased. When the subject was introduced in the Committee of this Convention, of which I have the honor to be chairman, I there also said, that I did not think it was best to extend the secret ballot to elections in towns, but it was so urged and pressed upon the Committee, that it should apply to cities and towns, that I finally withdrew my objections on that point, and assented to the proposition. The elections in cities for municipal officers, it will be borne in mind, are precisely like the elections in towns for State officers, that is to say, in the first place, they vote one ticket only, and but once in the course of the day; whereas, in towns they have sometimes twenty or thirty ballots in a single afternoon. I am therefore decidedly in favor of applying this mode of voting to elections in the cities of our Commonwealth. I think it is right and proper, but I deem it inexpedient at the present time to apply the principle to towns generally throughout the State. They are not yet ready for it, but I venture what little reputation I have upon the prediction that the time will soon arrive when they will be prepared and when the secret ballot will be employed in every town. We propose now to apply it to cities, because we think that they need it; and I call upon any gentleman here representing a city to rise and state whether it is not a fact that the people of the cities do wish for the envelope system in their municipal elections. I do not refer to representatives from the city of Boston for an opinion upon this subject, because I know from their party interests that they are opposed to the use of the secret ballot any how, anywhere, and at any time; but I refer to those gentlemen who represent the other cities of the State; and if there be one who is at variance with me on this point, I should like to hear him state his reasons. I do not expect to hear any such demonstration. But, on the other hand, if there be delegates in attendance here from any city who were in favor of this Convention, I think they will come forward and very strongly advocate the insertion of this secret ballot into the Constitution.

Without further occupying the time of the Convention, I leave the matter in their hands. The subject is one of importance, and if the delegates from the country properly understand it, and if they fully appreciate the difference which exists between cities and towns, I am sure they will go heartily and unanimously in favor of giv ing this privilege-for it is a great privilege-to the cities. It will protect voters from all embarrassment, from any delay whatever in depositing their ballots, and secure to every one a full, free, and independent expression of his opinion, and that is what we desire, what all honest men must desire.

Mr. HURLBUT, of Sudbury. I desire to say a few words upon this subject, as I have not before had an opportunity of expressing my views upon the resolve now under consideration. I hope, Sir, that the amendment introduced by the gentleman from North Brookfield, (Mr. Walker,)

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will be adopted. I do not know whether it will affect the cities of the State favorably or unfavorably, but this much I do know, Sir, that if the towns are compelled to ballot in the manner that is proposed in the original resolution, it will not only cause great inconvenience, but its effects will be most pernicious. We are not yet prepared for it, and until we are, it is worse than useless to force such a condition upon us. As the gentleman said yesterday, our officers are at present chosen one at a time; and under these circumstances it would be a long and toilsome process to elect them as is prescribed. Besides, Sir, I apprehend that the people in the country towns are not desirous of electing their officers in this

manner.

While I am up, allow me to say a few words in regard to the resolve itself.

Mr. Chairman, I look upon this secret ballot as the great, the only protection to the voter yet discovered, for state, county or United States officers-the only protection which is perfectly secure that has ever been found. So far as I have been able to hear, it has not been argued that it is unsafe. The only argument which has been used, is, that it destroyed, in some measure, the manliness of the voter. Gentlemen may entertain different views upon this point, but that it is a complete and perfect security to the voter I contend, from what it has already accomplished. I think, Sir, that the secret ballot, in its application to these publie officers I have enumerated, ought to be placed upon the topmost pinnacle of our organic law, above and beyond the reach of subsequent legislation; to this conclusion I am brought more particularly, from the consideration that the last legislature have repealed this law of protection, and it is for this reason that I would have it placed above their power. Why, Sir, when the election of a United States senator to represent this Commonwealth was pending, some months since, it then worked well. On the twenty-fifth ballot of the House of Representatives on this floor, it was discovered that there had been more ballots deposited than there were members present. When the twenty-sixth ballot was taken the secret ballot was introduced, and the result was, that many gentlemen then deposited their votes in accordance with their honest convictions, whereas before they would not vote at all. Inder these circumstances, Sir, I hope that this resolution will pass, and pass as amended by the gentleman from North Brookfield.

Mr. MOREY, of Boston. I rose, last evening, for the purpose of making a few remarks upon the subject now under consideration, but owing to a motion to adjourn I gave way, intending to resume my address this morning, and I will now add a few words in addition to the suggestions I made at that time.

It is said, Sir, that there are involved in these resolves two great, important, and transcendent principles, one of which is, that every person should have a right to vote, without being compelled to pay a tax; and that this is a natural right which should be exercised, at all elections, by every person, without restriction or obstruction. The other is, that the voting should be conducted in a secret manner, and that every voter should be obliged to make it a duty to insert his vote in an envelope, in such manner that no person but himself shall know how he votes.

These are said to be the two great and import

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QUALIFICATION OF VOTERS. — MOREY.

ant principles of this resolve. Well, Sir, great principles are to be extended and practised at all times. But, it is said, notwithstanding the importance and the great benefit which would be derived from the free use and practise of these principles, that they are to be limited in a certain number of cases;—that is beyond the few case enumerated in the resolve, the application of the secret ballot is to be restricted. I contess, Sir, that up on this point I had hoped to hear gentlemen give some good reasons, for the course pursued, but to my mind they have been wholly unsatisfactory and ineffective. It has been a misty, inconclusive sort of reasoning, from beginning to end.

Gentlemen have thought that all we have to do is to establish a principle only because it is a great principle. They want to have it introduced, but they think it is not worth while for us to trouble ourselves about any particular application of it to all the cases which may hereafter arise. Only once get it introduced--let every man have a taste of it, if he can get no more; as Doctor Johnson once said with regard to Scotchmen, that every man there can get a bite of learning, but nobody can get a belly-full. Now if this is a good principle and ought to be introduced, why should it not be applied to town elections and let its benefits be experienced there as well as in cities. These clections in towns are by no means an unimportant matter. We have between three and four hundred towns in this Commonwealth, little republics in themselves, and it is expected that all the citizens will be required to pay taxes; but the matter is not provided for. There is no security for the payment of taxes in these towns, provided in the Constitution-there is no security that the secret ballot will be used; the matter is entirely. unprovided for, and left to time and chance. The gentleman from North Brookfield seems to desire that a law should be passed by which the secret ballot shall be applied in all towns, with a provision that two-thirds of the citizens may dispense with the use of it if they choose. But it is very remarkable, if this is such an excellent thing as gentlemen seem to suppose, that it should be contemplated that it may perhaps be so unsatisfactory to the people of the towns that they may wish to dispense with it. These town elections are especially important; they give a direction and a tone to the power of government, in an eminent degree. It is more important to the people who they shall have for their selectmen, assessors, overseers of the poor, school committee, &c., than it is who shall be governor of the Commonwealth, or their representative in congress—or, perhaps, than who should be President of the United States. They feel a deeper interest in these town matters-it is something which comes home to their own firesides. As the gentleman from North Brookfield has said, when one of their neighbors is a candidate for some town office, there is a good deal of interest taken in the matter by the people of a town, and those who are his friends do not like to have it known that they vote against him, although they may feel it to be their duty so to do. I know that this is so in country towns. Sometimes there are particular persons there who exert a powerful influence, and endeavor to exercise dictation over those around them who are indebted to them, or whose farms are mortgaged to them. They may insist upon being put into some office, or insist that some of their friends

[June 10th.

shall be made assessors, so that their taxes shall be light; and those ar induced to vote for them on account of considerations of this kind, who otherwise would not. Now if the principle is a sound one that the secret ballot should be used to protect voters from dietation and coercion, why should it not be applied in the case of town elections, where t'ere is just as much of this sort of dictation as there is in cities? These elections in towns are of importance, as well as the other town affairs upon which they have to vote, such as the raising of money and its application to particular purposes. I have no doubt it often happens that persons are unwilling to vote against a neighbor of theirs who is a candidate for some town office, although they know he is wholly unfit to discharge the duties of the station; and the secret ballot would relieve them of all this difficulty.

The gentleman from Lawrence, (Mr. Oliver,) made the motion the other day that the word "shall" be stricken out, and the word "may" inserted in lieu thereof; and there was great objection made to that amendment on the ground that it would destroy all uniformity in the mode of voting-some persons would vote by open ballot, while others would vote by secret ballot, and we were warned of the monstrous injury which this would produce. But, Sir, what is it now proposed that we shall have? Why, Sir, we provide that no citizen shall be required to pay a tax in a limited number of cases of a political character; while, in those cases of a municipal character, which apply to the wants, feelings, and interests of the whole community, a tax must be paid. In these political elections the secret ballot is to be used-every-body is to be obliged to use it; but, in voting in all town matters, they are to be exonerated from it, because it is considered something of a burden for them to use it in town elections. But, is there not as great a want of uniformity in this case as in the other proposed by the gentleman from Lawrence? This secret ballot is to be applied to something like a dozen municipalities in the Commonwealth, while in the other three hundred and over it is not to be applied. There is another diversity. Which is to be the exception I do not know; but I suppose the twelve are to be the general rule, and the three hundred and over are to be the exception; but, at any rate, there is very little uniformity about the matter. I should like to know upon what rule or what principle the inhabitants of New Bedford, who are engaged in the whaling business, are to use the secret ballot in their elections, while the inhabitants of Nantucket, who live in the same vicinity, and who are engaged in the same occupation, are not to use the secret ballot in their municipal elections. I have been endeavoring to ascertain if there was any rule about the matter; and it occurred to me that perhaps it had some reference to the time or the season when the election was held, as to whether the ballot should be secret or not. I noticed that all the elections, where the officers are chosen who are to be elected by secret ballot, occur in the month of November; while the other elections—the town and municipal elections, where the secret ballot is not to be used-occur in the months of March and April; and I looked over the almanac this morning and noticed the signs of the zodiac to see whether it was not possible that this had something to do with the matter. Well, Sir, I looked in the first place for Scorpio, or "the secrets,"

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and I found that although that did not come exactly in November, it was not far from it-it was in October, which is about the time when the secret envelopes are distributed. In the March and April elections, the signs Aries and Taurus are in the ascendant, and then the people can vote without any secresy. I could not help thinking that if some stranger or foreigner-some Catholic or Mahometan-was to visit Massachusetts, and should be here in the month of November and visit the places where the elections are held, he would find that all the voters were not obliged to pay taxes, but that all the voters were required to use the secret envelopes; and if he should happen to be here until the next spring, and should visit the town meetings and see the people voting, in March and April, he would ascertain that on this occasion the voters were all obliged to pay taxes, but were not obliged to use the sealed envelopes.

Now, Mr. President, what do you suppose would be the reasoning of these strangers? Upon what principle would they account for this difference? Perhaps the Roman Catholic would think that it was because the latter election occurred in the time of Lent; while the Mahometan might account for it by thinking that in November it was Ramadan, while in March or April it was the holy month of Radjab, and that this had some mysterious effect upon the manner of voting. Or, Sir, he might even go further. Even in the manner of voting in relation to town affairs, he would find the people in certain localities using the sealed envelopes, and in the same kind of elections in other places, they would use no envelopes, and it would be a very natural inquiry, Why is this difference? And perhaps the Mahometan might think the discrepency was founded upon the same principle which governs the different regulations between Medina and Mecca, according to the rules laid down in the Koran. Now, Sir, I am not at all satisfied with the reasons which have been assigned here in relation to the adoption of what are called these great principles, and I am not satisfied with regard to the principles themselves. The great objection is, that those who advocate this thing are unwilling to carry it out to its full extent. Gentlemen say that it is a great principle, and it must be established and introduced; but they think it is no matter about is application to the great mass of cases. They are willing to leave that to chance. Only establish the principle, and the extension of it is an unimportant matter. Sir, this reasoning with regard to the importance of the principle, and the reasons attempted to be given for a nonextension of it, remind me of the answer given by a philosopher in relation to the rising of the water in a tube or pipe. One end of a pipe being inserted in water, and the air being extracted from it so as to form a vacuum, the water would rise to a considerable height; and somebody being curious to know the reason of it, went to a philosopher, and at the inquiry to him. The philosopher said: "The air being extracted from the pipe, produces a vacuum, and the reason why the water rises, is because nature abhors a vacuum." This set the matter at rest for the time; but at length it was desired to raise water one hundred feet, and a long pipe was prepared for the purpose, and the air was extracted; but the water would only rise thirty-two feet. So they went to the philosopher again to

ask the reason of that. "Why does not the principle extend farther; if we can raise water ten feet because nature abhors a vacuum, why can we not raise it one hundred feet, or ad infinitum"? "O," said the philosopher, "nature does not abhor a vacuum beyond thirty-two feet." That is just about as satisfactory a reason as we have obtained in relation to the introduction of this great principle in the first instance, and its being confined to a few cases. Now, perhaps an amendment to the amendment might be desirable, and if anybody will make the motion, I will vote for it; that is, to have the resolution so extended as to include the town of North Brookfield in addition to the cities; this will only make a little more diversity than it is now proposed to make; and it might be a great relief to the gentleman from North Brookfield, who says he wants the secret ballot because he has oftentimes felt great embarrassment about voting against some of his neighbors when he thought he ought to do so. I am inclined to favor such a measure for the purpose of giving him relief, and I think that would leave the resolution in a shape quite as good as it stands in now.

Mr. ABBOTT, of Lowell. I desire to say a single word in reference to this question of the secret ballot, and I should not have risen to address this body, if I did not consider the amendment of my friend from North Brookfield, as of real importance. As I understand it, his amendment is to insert "city," instead of "municipal." Now it seems to me, that there is a very broad, plain and well-defined distinction between elections in towns and elections in cities; and I think there is a practical reason why we should apply the principle of the secret ballot to city elections, when there may be no controlling reason which would require us to apply it to town elections. I am not in favor of extending this principle, however good it may be, to those town elections where it is not desired; and if I understand the feeling which at present exists in the country, it is not now desired that the secret ballot shall be extended to all elections in the towns and to all town matters. I think it may be well enough for us to say that whenever it may be the sense of the public-whenever the inhabitants of a town desire that they should have the same kind of voting which the cities have, in reference to their officers, the legislature may provide for giving them their wish in this matter. But, Sir, with regard to this distinction between towns and cities, the gentleman from Boston, who has just taken his seat, has favored us with the information that he has been looking at the almanac to get some light on this subject. It seems to me that, when he looked at the almanac, instead of taking this year's almanac, he must have got hold of an old almanac, many years gone by; it could not even have been last year's almanac. [Laughter.] But I would suggest to that gentleman, without intending any disrespect to him, since he has favored us with his studies of the almanac in relation to this matter, whether it would not have been quite as well for him to have looked at the laws of the land, the Constitution, and the wants of the people-whether that would not have been quite as profitable as it would to go to the almanac and get a lesson upon the signs of the zodiac, or to introduce a dissertation upon hydraulics into the consideration of this question. Well, Sir, I will tell that gentleman now, where I appre

[June 10th.

hend he could have found the distinction established between towns and cities. It is the same distinction which the Constitution has considered important enough to provide for in reference to the institution of city governments. Our present Constitution says-and I believe we do not propose to alter it in that particular-that whenever twelve thousand inhabitants are congregated together in any town, the legislature may give them a city government if they desire it. Now, in a matter of this kind, you must have a certain number specified; you must have some place to leave off and somewhere to begin. The reason why this number is specified is, that it is supposed the wants of that number of people are such that they require an entirely different manner of government from that which would be suitable for a small number. The government of a town is a simple democracy; in fact the nearest approach to democracy is that simple form of government where the people meet together and choose their officers, and where the officers have very limited powers, because almost everything is voted for directly by the people themselves. If money is to be raised, who raise it? The people themselves. Now, how can you apply the secret ballot here? The most important questions that come before a town government are the election of town officers, votes for raising money, and a variety of other questions of this kind, to which you cannot very well apply the secret ballot.

How is it, Sir, in reference to cities? No such questions ever come before the inhabitants of cities. The Constitution has said, and the legislature acting under the Constitution has carried it out, that when people congregate to the number of twelve thousand persons in a municipal capacity in any place, which is according to the old simple democracy, they might have a representative government, and if gentlemen will look at the question for a moment they will see that each city corporation is a model representative government. You have your executive in your mayor, your senate in your aldermen, and your house of representatives in your common council, and all the municipal powers of the inhabitants are delegated by them to this legislative body. In the case of a town government it is a government of the people acting together in their primary capacity; in the other case it is a government by the representatives of the people. Now these representatives of the people as they act in your city corporations do precisely for their constituents what the people themselves do in your towns. They choose all those officers which the people themselves choose in the towns. They determine whether money shall be raised; and how much and in what manner it shall be done; and in fine they do all those things that the inhabitants of towns do before they change their township organization for that of a city govern

ment.

Now it may be asked why should not the wants of large towns be respected? Why should not towns containing a population of say ten thousand, have the privilege of the secret ballot as well as cities containing twelve thousand inhabitants? As I said before, there may perhaps appear to be some hardship in this, but the real fact is that you must have a starting point somewhere; you must have a place of beginning. One man cannot be a corporation; a dozen may and so may

Friday,]

QUALIFICATION OF VOTERS. — HILLARD — THOMPSON.

five hundred or a thousand, or any number; and in reference to the wants of the people in this respect the framers of the last Constitution agreed upon the number of twelve thousand. True, by fixing upon that number they have said that a town containing eleven thousand nine hundred and ninety-nine persons shall not be an incorporated city, but by the addition of another inhabitant so as to make the population twelve thousand, they might obtain such benefit. And why not apply the same rule here? The standard we all admit is a mere arbitrary standard, but you must have some standard; and whatever standard you adopt it will still be arbitrary. There is no reason in the nature of things why a town having a population of eleven thousand nine hundred and ninety-nine persons should not possess the same municipal rights as a town containing twelve thousand persons. There can be none in the nature of things; and the only reason that can be adduced is that it is necessary to fix a number as a starting point. If you object to this you might as well object to a thousand other practices which have their origin in the same principle. If you ask why a town having the smallest possible fraction of population less than sufficient to constitute it a city should not have the privileges of a city government, you might as well ask why a man should not be allowed to vote the day before he is twenty-one years of age as well as the day after. The only answer is that you must take some point to start from; and in this case we propose to take the same starting point which is taken by our present Constitution. That Constitution says that when the population of any place shall have reached twelve thousand, a charter for a city government may be required; and then we see, when a city government has been obtained, the people change their manner of acting and voting. We see them divesting themselves of many powers which they formerly exercised, and vesting them in their representative government; and then, and not till then, it is that the secret ballot should apply.

I might suggest here, without going into detail, that in large cities generally, there are causes in operation which require the application of the secret ballot, far more than any that are to be found in regard to towns throughout the Commonwealth. I apprehend that I address myself to the common sense of every gentleman in this Convention, when I make this statement, for it must be obvious to all that because the secret ballot would operate favorably in large cities, it does not follow that it would operate with equal force and value in those places where there are no corporate organizations. It seems to me that there is no difficulty in seeing a plain and distinct difference between cities and towns, in this respect, and that the reasons are equally plain and clear why one rule of voting, according to the rules of common sense, might be required for cities, and another and totally different mode for towns. But I will not further detain the Convention than by repeating what I have already said, namely that we must in this, as in all other things, have a starting point somewhere, and we may as well make this that point as endeavor to fix upon any other.

Mr. HILLARD, of Boston. I listened with great pleasure, Mr. President, yesterday, and with entire assent, to the remarks of the gentle

man who represents Berlin (Mr. Boutwell) in this Convention. I thought there was great weight in the distinction which he laid down, between what was proper to go into this Constitution and what was proper to be embodied in common legislation. It seems to me, Sir, that that gentleman laid down a rule which should be a controlling principle in all our deliberations here

that the Constitution bears the same relation to a municipal law which an algebraic formula does to the particular problem which it is intended to work out; and on all questions of doubt as to whether a thing should be in the Constitution, or be left to the discretion of the legislature, I would reverse the rule of a celebrated writer on whist: where I doubted, I would not take the trick-that is I would not put it into the Constitution.

I think that the length to which this debate is running, and the desultory character which it is assuming, prove conclusively the wisdom of the observations of the gentleman for Berlin. The resolve of the Committee, as it appears to me, wanders from that principle. So far from being the embodiment of a simple principle, it contains five points of detail-first, that the ballot should be enclosed in an envelope; second, that the envelope shall be sealed; third, that they shall be of uniform size; fourth, that they shall be of uniform appearance; and fifth, that they shall be furnished by the Commonwealth. There is hardly a word in this resolution the meaning of which may not hereafter have to be settled by a judicial construction. With all submission to the majority of this Convention, I must say that I regret that they did not adopt the proposition of my colleague, (Mr. Schouler,) simply adopting the principle that all voting shall be by secret ballot, leaving details to the legislature. I admit that there is force in the remarks of the gentlemen from North Brookfield and Lowell; for, perhaps, so far as convenience is concerned, there is some difference between city and town elections. But do not gentlemen see that we are discussing matters of detail-matters resting upon a purely arbitrary distinction between towns and citiesthat we are wasting our precious time in discussing propositions which more properly belong to a legislature, or even a committee of the legislature. What will be the result? If every detail is to be here discussed and party excitement on every little point permitted to run high in debate, we shall be here until Thanksgiving day. I submit, whether it would not be better to recommit this resolution so that it might come before us just in the way that I suggest.

And now, Mr. President, although it perhaps is not strictly proper to speak of the general provisions of the resolution under a motion to amend, I beg to be permitted to say a single word in relation to it. In regard to this whole question of secret ballot I must confess that I have not been able to work myself up into anything like the excitement which has been manifested by gentlemen of various political parties. Amid all the flashing and the curling of the flames of declamation which this question has created, I have remained impassive, indifferent and cold. Never in the whole course of my political experience has any subject come up which it seems to me has been blown up so much beyond all natural proportions by the hot breath of party zeal as this question. Indeed the very issue seems to be for

[June 10th.

gotten in the excitement of this contest. The question is not whether we shall vote orally or by ballot, or whether we shall vote openly or secretly, but whether we shall vote in a perfect or imperfect mode of secret balloting-because all agree in the principle of secret voting. The very design of balloting in its origin was that it might be secret. I would rather that the law should remain as it is now than that there should be any change. However, I care little about that. If the people of the Commonwealth really do think that their voting privileges will be better secured by a uniform rule of perfect secrecy, whether they are right or not in that opinion, I am quite willing to give my hand to it; and I am not conscious of any degradation in going up to the poll and putting a secret vote into the ballot-box; and I cannot understand why any person can imagine that there is anything like debasement or degradation in an act of that kind, because if any man wishes to have it known how he votes he can easily tell it to those who desire to know.

Again, I think the act of voting is but the expression of the tenor of a man's political life. A poor man's vote, as well as that of a rich man, is but the expression of his political opinion, and when you undertake to make a rule which is to secure the independence of the ballot-box, which has sole reference to the act of voting, it seems to me like attempting to change the wind by altering the direction of the weathercock; because, I contend, that whenever it is an object to ascertain how a man has voted, or what his political opinions are, they will be inevitably discovered, unless he covers himself up all over from top to toe with a robe of falsehood, which will require not only a corrupt will, but an exceedingly acute understanding, and therefore if it be any object to ascertain how a poor man has voted, it will be found out; because, as it will be next to impossible for him to succeed in keeping his secret, inasmuch as it will be concluded that he has voted according to the political principles which he may at times have expressed. It will be utterly impossible for him to conceal them in a community in which there is such universal ventilation of opinion as in ours. Every man expresses these opinions at some time or other.

But, as I said before, I do not feel my sensibilities in the least degree lacerated by having this rule made rigid and uniform; but I do think that we are wasting our precious time, and are likely to continue to do so in future, by the discussion of these minor principles and details. I therefore submit to the consideration of the Convention, whether it would not be better to have the resolution confined simply to an expression of the general principle, the details of which could afterwards be carried out by other authority.

Mr. THOMPSON, of Charlestown. It occurs to me that some amendment is necessary, in order to make this matter more plain and decisive than it is now, and I think that the amendment of my friend from North Brookfield will fully attain that object. The resolution, as proposed to be amended, provides that this matter shall apply to "national, state, county and municipal elections." The latter word is admitted on all hands to be of doubtful meaning. I have, myself, always been accustomed to regard the word “municipal" as relating to towns as well as to cities, and such, believe, is the prevailing opinion throughout the Commonwealth. The Constitution itself, how

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