American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-09-27
e are respectfully yours,
We are respectfully yours,
T. PARklN SCOTT,
III. S. SANDERSON,
b. II. RICHARDSON,
HENRY MYERS.
BALTIMORE, Sept. &c, lS45.
To The Hon. Jacob G.. DauieS,

To the Hon. Jacob G. DarieS,
Mayor ofthe City Of Baltimore:
Dear Sr:-ln compliance with your request
made to me on yesterday, have carefully en-
amned the act Of 1914, chapter 309-eRtitled
'an act to prevent illegal voting''-n eGunec-
ton with letter iIom Il. Parkin Scott, Esq,
and Others. Judges reflections, propounding to
me certain questions, arising upon the construc-
ton of the 9Th section of said act. / shall be
better able to make myself understood upon
the enquiry embraced by those queries, if |
state what | conceive to he the true construc-
ton OF the section itself, rather than attempt
categorical answer 10 the questions in the form
they are pGopounded. la my judgment the
questions are based upon an entire nscGnstruc-
ZION OF the design and requirements ofthe law.
1t wo}ild hardly he disputed by any one al all
conveIs.nt with The constitution OF Maryland,
that tie right Of Suffrage is defined by {hat liz
strument, and that no additional qualification
than such as are therein prescribed can be de-
mandeG ofany citizens by a single act Of the
Legislature. 1t would with equal readiness be
conceded on all hands that the naturalized cili-
zen stands by virtue ofhis certificate OF Ratura-
lizaton under the laws Of Congress upolf an
equal footing as to the enjoyment Of the cleo
tive franchise with any citizen of the State
section which has relation to the stamping of
certificates OF naturalization by the Judges, does
not involve the consideration of the qlalfica-
tions Of voters in any manner whatever, bat re-
lates to duty of novel character imposed up
en- Judge Of election in addition to those here
totore enloned and which remain unaltered as
to the qualifications of all voters. The provi-
SIGN contained in this section admits and pro-
cseds upon the supposltion that the right to
vote consists in the applicant, and which is evil
dent since the stamp required, is TO be in the
word, 'voted" and the number of the ward or
district in which said person voted and the day
and year OF the voting. There is no applica-
ton therefore to be made by this section OF the
law, by which in any manner the right to vote,
upon the production of the certificate of natu-
ralization can be effected. The duty of stamp
ing the certificate, has no relation to the right !
Of suffrage, by any naturaliZed citizen, and if
this duty can be performed without infringing |
upon sucl rights, and only in such cases 1t is
imperltlve upon the Judges. In what manner
it can be performed | will briefly Indicate
The production the certificate is the only
evidence OF upon which the Judges Of election
can safely rely as proof of the existence of the
right o! naturaliZed citizen to cast his ballot,
and it follows under the we'll established rule
of evidence, that the best testimony must be
produced IT demanded, that the Judges have
the right to inspect the certificate, in order to
satisfy Themselves of their validity, and their
once having possession of the certificate and
Ike roter hdriag already exercised the right Of suf
trage, theduty attaches upon them to fulfil the
acquisitions of the law in relation to the stamp
ing OF the certificates rot to confer the right of
ro'ing, but to guard against the fraudulent use
of the sane certificate by different person
from him who has exercised the privilege un-
der it. |: appears to me that any other collsi-
deration q this section than that resulting from
n too hasly glance at its provision, would suf-
fee to indicate the distinction between an ulte-
ration or restriction of the right of suffrage,
which exists in the citizens, native or natura-
lizod, unCer the constitution, and duty i'm
posed upon Judge of election upon the allor
ed grounc of preserving the elective franchise
against fraud. | may add, that in my iudg-
men', it wholly beyond the Legitimate per-