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[131a-031]
[mainly in copyist’s hand]
1818 Dec r 20
Parl. Reform Bill
Reasons
§ 2 Electors Who
§ 4 Eligible Who
Qualification pecuniary
Electors Who. Eligible Who. Qualification pecuniary.
From Smiths Comparative View 1796. p. 20 Note (y)
Copy this Note
+ The Virginia policy of excluding from the Legislature, and from the right of suffrage, all who are not possessed of freeholds, has been often complained of as an aristocratic trait in their System, ill becoming a state, which boasts so much of the purity of her democratic principles. It has been asked, whether a Citizen possessing a large personal Estate, has not as well-founded a pretension to one and the other right, as another holing a few barren acres of land? Were it not for the circumstance abovementioned, namely, the claim of peculiar preeminence in democratic republicanism, this feature in the Constitution of Virginia would probably have been little noticed, for the objection would otherwise lie as well against the constitutions of several of the other States, where the qualification of a freehold is indispensable. Those of Rhode Island, New York, New Jersey, Delaware, North and South Carolina, require the same qualification, either in the Electors or in the elected. The objection, in the abstract, does not appear as a very serious one. It has been long the policy of several of the States to require this qualification, which is thought to attach an individual more to his Country than the mere possession of personal property, which is of a transient and removable quality. It is true, that in the Southern States, where Negroes constitute one of the principal sources of wealth, the owner of negroes may be supposed to have a sufficient attachment to his Country; but as it will seldom happen, that the owner of negroes will not be, at the same time, the proprietor of some land, the qualification can operate no essential injury. There is, however, in Virginia, a remnant of the old feudal system, as absurd as it is dishonest, and which is altogether incompatible with pretensions to superior purity of republicanism, that is, the exemption of lands from execution for the payment of debts: frequent attempts have been made to abolish this odious appendage of aristocracy; there can be no doubt that they will be repeated, and there is every appearance that the extension of information and a spirit of liberality and justice will soon ensure them success.
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Title: [[131a-027] [mainly in copyist’s hand]Description: [131a-027] [mainly in copyist’s hand] 1818 Dec r 20 Parl. Reform Bill Reasons Ballot 1 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-029] [mainly in copyist’s hand]Description: [131a-029] [mainly in copyist’s hand] 1818 Dec r 20 Parl. Reform Bill Reasons Annuality 1 1 From Smith’s Comparative View A o 1796 To J.C. Copy this Note + Tab. F. Legislature (d) p.10. Note to Tab[?] I[?] United States, under Mode of Election. Representatives 2 Years + “This frequent recurrence to the people, which is attended with some good effects, is thought by many to make the Representatives too local in their policy, and to induce them rather to aim at pleasing their Constituents than to advance the general good, which frequently requires an apparent sacrifice of local interest. A triennial Election would have been better suited to a Government for so extensive a Country. – Copy this Note || Tab. I Connecticut “Term of Duration.” “The Governor, Lieutenant Governor and Council of Assistants, annually; Representatives Semi-annually.” || Note (k) p “This frequency of Election is peculiar to this state, and to Rhode Island; in no other is there a shorter period for election than a whole year. It is however attended, in Connecticut, with no considerable inconvenience, the orderly and enlightened habits of the people generally counteracting the mischievous tendency of their policy in this, as in many other exceptionable parts of their constitution, which is nothing but the old charter, unaltered, except so far as to make it consistent with our independence. There have been indeed lately, some marks of instability in their legislative conduct, in the case of their western lands, in which contending interests, and too frequent changes in their legislature, have occasioned fluctuations in their proceedings, which were not to have been expected from a people, heretofore distinguished for their peculiar steadiness.
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Title: [[in copyist’s hand] 1819 May 24]Description: [in copyist’s hand] 1819 May 24 Defence of Ballot Canvassings, from Fearon 2 Since the first choice of M r Jefferson, the presidential Elections are managed by private Meetings (or Caucus) of the democratic Members of Congress, previous to Elections: they settle among themselves who shall be president. This is what is called getting “the appointment in Caucus”, and an instance never occurs of the votes being in opposition to Caucus. When they have determined upon who they wish to be President, they sent Circulars to their different states, pointing out, by a sort of congé d’elire, who they have resolved should be elected: and as the right of voting for Presidents is confined to a very limited number, there is no instance of the Caucus being disobeyed. M r Munroe being a Democrat was, as a matter of course, voted for by the democratic states; and those of New England being federal, would not, I believe, give a vote upon the occasion. It appears that the Members of the Washington Caucus were almost equally divided between M r Crawford and M r Munroe; but that some accommodation being agreed upon, the latter got “the appointment”. Had his rival obtained this, he and not M r Munroe would have been voted for by the democratic states, as a matter of course. These are alarming facts; for thus we see that the very men (the Members of Congress) who are directly excluded by the Constitution from voting, become, by means of a secret something unknown to that Constitution, and at variance with both its letter and Spirit, the real Electors to the Presidentship. How necessary are the most unceasing vigilance, and the greatest degree of public principle and public virtue, to preserve even the best Institutions from gross perversion! No oligarchy can ever be more dangerous than this, which deludes the people with a belief that
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