[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.”