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[131a-027]
[mainly in copyist’s hand]
1818 Dec r 20
Parl. Reform Bill
Reasons
Ballot
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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
pp. 18, 19, 20.
It has often been a disputed point, whether there is greater safety in viva voce or ballot elections. In most of the States, the elections by the people are by ballot. Maryland and Virginia pursue the old english custom of polling; every voter there goes up to the hustings, or place of election, and declares aloud the candidate for whom he votes. It is remarkable, in the Constitution of Maryland, that all elections for the House of Delegates, and for the Electors of the Senators, are to be viva voce, but the Electors are to vote for the Senators by ballot. If the balloting was considered the mode the most free from influence or undue bias, then it ought to prevail in the Elections generally; and vice versa, if open votes were considered the safest, then the electors of the Senators should pursue that mode. The Governor and the Council are elected by the joint ballot of the two Houses, and the Senate supply vacancies in their own body by the same mode: the Senators of the United States are also chosen by ballot. By the Constitution of New York, elections are directed to be viva voce; but the framers of it, doubting the expediency of that mode, inserted the following clause in their Constitution: (See 6 th) “And when as an opinion hath long prevailed among divers of the good people of this State, that voting at elections by ballot, would tend more to preserve the liberty and equal freedom of the people, than voting viva voce: To the end, therefore, that a fair experiment be made, which of those two methods of voting is to be preferred:
“Be it ordained, that as soon as may be after the termination of the present war between the United States of America and Great Britain, an act, or acts, be passed by the legislature of this State, for causing all elections, thereafter to be held in this state, for Senators and representatives in Assembly, to be by ballot, and directing the manner in which the same shall be conducted. And whereas it is possible, that after all the case of the legislature, in framing the said Act, or acts, certain inconveniences and mischiefs, unforeseen at this day, may be found to attend the said Mode of electing by ballot:
“It is further ordained, that if, after a full and fair experiment shall be made of voting by ballot aforesaid, the same shall be found less condusive to the safety or interest of the State, than the method of vothing viva voce, it shall be lawful and constitutional for the legislature to abolish the same, provided two thirds of the Members present, in each House respectively, shall concur therein; And further, that during the continuance of the present war, and until the legislature of this State shall provide for the election of Senators and Representatives in Assembly, by ballot, the said Elections shall be made viva voce.”
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Title: [[131a-028] [copyist’s hand]]Description: [131a-028] [copyist’s hand] 1818 Dec r 20 Ballot 2 The electing by Ballot has long prevailed in New York, and still continues. By the constitution of Pennsylvania, it is declared, (2d. Sect. 3d. Act) “That all elections shall be by ballot, except those by persons in their Representative capacities, who shall vote viva voce”. This is the very reverse of Maryland, where the Electors are appointed viva voce and afterwards in their Representative Capacities vote by ballot. The most prevailing mode of electing, viz, by ballot, is believed to be the safest; the fear of giving offence to powerful individuals, to relations, friends, and even to distant acquaintances, frequently induces the giving a vote, viva voce, which, by ballot, would be given for a more worthy object. Voting by ballot removes all restraint, and leaves the voter perfectly at liberty to follow the dictates of his own conscience and judgment. The argument in favour of the other mode is, that it creates a greater responsibility, and lays the voter under the necessity of voting for men of approved worth and merit; he would be ashamed, it is said, of publicly bestowing his vote, for personal friendship or any improper influence, on a worthless object: but this reason has been found by fatal experience to be more plausible and solid: Mankind, when determined to do wrong, too readily find arguments to justify themselves in their own eyes. Besides, it frequently happens, previous to an election, that clamors are unjustly excited, and rumors wickedly circulated against one of the Candidates, who, though not the most popular character at the time, is the most honest and able man. The friends of his adversary will propagate, with unbounded zeal, every thing they can to his disadvantage: this, for a while, will create a certain prejudice, which time, reflection, and better information would remove. Under these circumstances, may well-meaning voters, if they voted viva voce, would be restrained by timidity from voting for this seemingly unpopular-candidate, though at the same time they might be satisfied, in their own minds, that he was the most deserving of their suffrages: they would either stay at home, or vote for the favourite of the moment, whom they despised. In all popular governments, some idle men of the worst characters, and with the worst views, calling themselves “the people”, will, at particular junctures, set up a loud clamour. Peaceable men, who remain mush at home, attending to their business, are alarmed, ignorant either of the source or extent of this clamour, and often suppose both to be more important, and of much greater magnitude, than they are afterwards discovered to be:– Were they to vote openly, under these circumstances, few would have nerves enough to resist the popular current: for their personal safety, they would be compelled to sacrifice those opinions, by which, in a ballot election, they would honestly abide.
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Title: [[copyist’s hand] 1818 July 13 3]Description: [copyist’s hand] 1818 July 13 3 Parl Ref Bill Reasons VI Mode of voting Voting secret why? 3 3 The whole article is well worth transcrib g. With that combination, of intellectual imbecility and arrogant display of despotick force which betrays itself in every page of English and other Monarchical Legislation the openness and unassuming urbanity which would be seen here impressed form a striking and not uninteresting[?] contrast. Constitutions of the United States: p.89: Constitution of New York. Article 12. That the Election of Senators shall be after this manner: that so much of this State as is now parcelled into countries, & divided into 4 districts; the Southern District to comprehend the City and County of New York, Suffolk, West Chester, Kings, Queens, and Richmond Counties; the middle district to comprehend the Counties of Duchess, Ulster and Orange; the Western district, the City and County of Albany and Tyron County; and the eastern District, the counties of Charlotte, Cumberland and Gloucester. That the Senators shall be elected by the Freeholders of the said Districts in the proportions following: to wit, in the southern district nine; in the middle district six; in the western district six in the eastern District three. And be it ordained, that a census shall be taken, as soon as may be, after the expiration of 7 years from the termination of the present War under the direction of the Legislature; and if on such census, it shall appear that the number of Senators is not justly proportioned to the several Districts that the Legislature adjust the proportion, as near as may be, to the number of Freeholders qualified as aforesaid, in each District. That when the number of Electors, within any of the said Districts, shall have encreased one twenty fourth part of the whole number of Electors, which, by the said Census, shall be found to be in this State, an additional Senator shall be chosen by the Electors of such District. That a majority of the number of Senators to be chosen as aforesaid, shall be necessary to Constitute a Senate, sufficient to proceed upon business; and that the Senate shall in like manner with the Assembly, be the Judges of its own Members. And be it ordained that it shall be in the power of the future Legislature of this State, for the convenience and advantage of the good people thereof, to divide the same into such further and other Countries and districts, as shall to them appear necessary.
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Title: [[copyist’s hand] 1818 July 13 1 §]Description: [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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