[copyist’s hand]

1818 July 13 1 §.10

Parl Ref Bill

Reasons

§ 10 Mode of Voting

Voting secret why?

1

1

Look to the United States. With one single exception, Virginia, Ballot the only mode employed. Thus much for practice – practice considered by itself.

This practice has it or has it not had reflection for its accompanyment and its guide. Look to New York: the most populous the most opulent of all the States. Turn to the Book of the Constitutions of the American United States. Turn to the “Constitution” of the State of New York, established by the Convention, authorized and empowered for that purpose, April 20 th 1777. At that time the War still raged: the War, which so happily for both Countries terminated in Independence. In the minds /eyes/ of those first born Representatives of the People, the indispensable security for freedom of suffrage was Secresy. From and after the day, whenever it should arrive which would give peace to the Country and stability to its Constitution, they ordained that the mode of voting by Ballot should in every instance take its place. +

This decision, was it an hasty one? {Not it indeed.} In answer Note what follows. In United America, as elsewhere, at that time as at other times acceptance was given to the conceit of binding posterity by legal chains. By the operation of prejudice on the imbecility of the living a power stronger than any that can be exercised by the living, was thought possible and desirable to be given to the Dead. The object was to give to this Institution, whatsoever degree of Stability it seemed possible to give to any Institution taken by itself: and to this end that course was accordingly taken which in so many other instances may be seen employed by the like Authority to the like purpose.

+ As yet the open mode of Voting was the only mode in use.
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    From “A Comparative View of the Constitution” of the United States by W. Smith of South Carolina LL.D. Philadelphia 1796, “printed by John Thompson, and sold by all the Booksellers in the United States

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    But without need of prohibitive law under the proposed mode of Election this practice with all the abominations involved in it, would of itself cease seems altogether probable.

    Whether it would or not, to the taking it for the subject of a prohibitory regulation what would be the objection? Where would be the inconvenience.

    In the stationary mode, On the part of proposed Members in every polling District /of the Election District/ but one it would of necessity cease. In no more than one of those Districts could he be on one and the same day to any such purpose.

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