The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-24

families and ordinary connexions delivered rns
without defence to all kinds Of seduction in file,
Oeing Sos 70 create IN various localI'ies ACCORDING
20 the feeling of the moment najorites altogether
of chance.
-" IL is possble--it is urgent--to coniare away
tnis DANGER The constitution. In fixng m. elec-
on in each department and in The chief town of the
canton, requires that each eector shat vote in the
lPiacewhere he resides; that is, according 10 the
I eihoa o. the cRii code, in the plice where he
mas hls, principal establishment, IN the place which
sshs0s, IN the real acceptaIion of lhe word. and
from winch he removes only with the intention OF
feturning.
This provision is an exceedingly prudent one; il
accepting the elector in the midst Of his frends
under the eye of his neighbors, and amongst his Do
'2nelc interests, it places him much possible
rcounsels
..Is the electoral law, in contenng itself with a
Ahabitation OF six months, in conformity with these
principles, SO eminenty salutaryl We do pot think
So The domlcie, in general, results iom the dura-
tlon, the continuity of habitaton. ln civil law,
that duration is undetermined; the appreciation OF
the fact and Of the intention, is abandoned to the
magistrates. Ii ought not TO be 50 IA electoral mat
tiers. In order that the list be exempt from all sus-
pcion of fraud, the conditions OF the electoral do
micile ought to be regulated and determined by the
law itself.
sWe propose to you to cause the electoral dom-
cile TO result from habitation continued during
three years, that is period equal to the legislature
This domicie Will thus possess bona fde and
moral character, and the eector will not be
ger in the place he votes.
50 The circumstances which establish the dura-
ton of habitatiOn are, by our laws, abandoned TO
the appreciation of the magistrates The electoral
domcile, for the reasons just assigned, ought TO
! depend on conditions defined by the law itself; ;
nothing ought to be left to the arbitrary decision
passions.
"Of the different circumstances which charac-
terse the continuity of habition during three years,
the most manifest and most universal is the in
scnpton on the list of personal tax.
"Accordng TO the law of The I'D of April,
1892 all the inhabitants of France are inscribed on
that list for the place of their real doncie, on the
sole condition of not being reported INDECENT We
propose you to decide that the inscription for
three consecutive years shall suffice as proof OF
habiiation Does that mean that they who do not
pay the contribution, because they possess no pro-
perty-they who cannon pay contribution, the
maximum of which cannot exceed an 80 a-year,
are to be excluded! No, gentlemen, we sou ght
certain mode of asceraining the existence and
continuity of domcile, and we have adopted the
inscription on the list of the personal tax as the
surest and most general mode, but not as the only
way of proving it,
''Thus, any one being of age who lives under his
fathers roof, without exercising any profession
or having any mode of existence is exempt from
the personal tax, because he possesses nothing but
what he oh aims from the lberality of his parents.
We propose that he should be placed on the electo-
raj list, as having the domcile of his parents, and
on the simple declaration of these latter
sThus, paid servants and workmen living with
their masters, have, in virtue of Art. 100 of the
Civil Code, the same domlcile as the persons en-
ployng them. Although they are exempt from the
personal lax We propose 10 you tndt tney De placed
the electoral lists when they shall have for three
years remained in the same place.
Thus, soldiers and seanen on active service
havea fixed residence which the law substitutes for
their natural residence-that is, of their parents,
since they still under age when they commence
their service. According to the BILL they shall
continue to be placed the electoral list of their
commune, although they are not subject to the per-
sonal tax.
''Thus, public functonaries shall be placed on
the list of the commune where they exercise their
functions.
''Thus, in fine, in the communes where the per-
sonal tax is done away with by the octroi Duty the
fmposdbtes, though freed from the tax, shall be
looked on as having paid it, and shall be so placed
on the list.
"This, without doubt, is sufficient to show that,
according TO the constitution, We do not intend TO
make the right OF voting depend on any pecunary
qualification. but that we intend TO nix the votes IN
the departments and cantons where each elector
has his residence.
We desire TO have real residence free from
all trick and fraud we wish TO elections of
sincere and serious character, clear from all nfu-
ence intrigue, from all intoxication of passion
that is what we want; that is what, like us, you
must desire, and if by our common efforts sue
coed, we may still reckon, in the country, on the
triumph Of right and reason.
1.-The second point in which the electoral law of
1919 appears essentially defective, is the apprecia
lion of the motives of electoral incapacity.
"That appreciation according To the constitution.
is confded 10 the law. The electoral law, il says
in Art. q shall declare the causes which are to de-
u
object OF Art. 3 of the law Of 1919.
% But the enumeration Of the causes for such in
capacity appears TO sngularly narrow. Thus, for
instance, in order to exclude from the electoral lists
thieves swiDders, persons abusing confidence per-
committing acts against morality, Sc., II IS re-
qured thst the condemnation should extend to three
months Imprisonment.
"Who does not see that men sued by such acts
are unworthy 10 be inscribed on the electoral list,
whatever may be the duration of his punishment /!
The law is silent relative to persons guilty ct rebel
fh.aFtf nRf- ~
the laws which punish riots or dfroupemcts, form
ing part Of clubs secret societies II there are any
men justly worthy Of Reproduction, II is those who
in their own persons have thrown a shade on the
character of citizen by causing disorder in society,
or by abusing the confidence placed in them The
law is silent also with respect To vagabondage and
mendcity.
I" lis il in such hands that the destnies of our
country can he placed
1--WE propose to you new enumeration, OF a
more complete character, relative to electoral IN
capacities. In thus rendering the electoral list
more and more pure, you will have done more for
the cause Of order than you perhaps could have
supposed, for you will have deprived factions OF
theIt most active instruments, their most indefati-
gable agents. After having replaced each eector
IN his natural position in the midst o his family and
IN presence Of his real interests you will protect his
honesty, and sometimes his ignorance you will
remove from him his worst enemies.
1.-The third point which we have TO point out TO
your notice, is not less important than the two pre-
cedng ones.
which now governs us. the relative majority Is
sufficient for the validity Of election, provided
the votes are not less than oneeighth of the whole
of the electors inscribed the list Of the depart
ment. Ii follows that thus, the first ballot per-
son may be elected without having the real ma
joriy.
" such a combination has for result to preserve
in their Incidence and in their tmidity the electors
disposed 20 abstain from voting
1--WE propose TO you to declare invalid every
election which has not ut least on the irst ballot
frfh mart nf he Vol roo an
solute majority Of the electors voting. On the Sc
cond ballot, a relative majority will suffice, fourth
part being still required whilst third ballot a
relative majority will be enough, no matter what
the number Of voters may be.
sWe have thought that the Inconvenience at
tendant ON such repeated ballots would be less than
are seen under the present system. The sincerity
of elections Is the only object which we have en-
will iuIne- lrenfle an n.