The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-13
THE REGISTRY LAW BILL.


Mr.. Matfer's Report the Rogsstry BIN.
Mr. John C. Mather from the select committee to which
referred the bill introduced by Mr. Johnson entitled
An act TO preserve the purity Of elections has submitted
the following report to tho State Senate
Free and universal suffrage has been adopted by the
people OF this State, and of most OF the States Of the
'1i Se eaS Wbc .1st
embarrass its exercise should be received with jealousy
and should not obtain legislative sanction without the most
rigid scrutiny In this State have been careful
guard ana guarantee this right OF suffrage by constit
tonal provision which declares that "every male citizen
possessing certain qualifications OF age and residence
''shall be entitled to vote"
If the Registry bill referred to this committee violates
TINS constitutional guaranty and nyades the principle Of
the way Of its exercse certainly ought not to fud IA
vor with the Senate and should not be permitted pass
upon the statute book Believing that such is its charac
ter the undersigned feels constrained to differ with
majority of the committee, and, without attempting to
amend oli 30 radically wrong to recommend to the Sc
The constitution gives to the Legislature powcr to
enact law recurring registration Of the electors
as condition OF bis voting This would be imposing quail
fcaton which the constitution has not prescribed It
would be saying to the electo that in order to VOTE he
must not only have the qua cations Of age and residence
required by the constitution but, in addition have
had his the registry When he presents
which the constitution has established his vote cannot be
refused because he has complied with other test
which the Legislature has superadded.
This clause Of the constitution, under which the power
10 enact registry law is claimed, net intended by
its trainers to epon upon the Legislature allow
body nuly the preceding clause and to demand of
electors qualifications broader than those expressed IN it.
Doubtless the clause in question s TO be interpreted
ference to the uniform practice since the organization OF
the government OF identifying the eccor by examina-
ton on oath, ct the time he offers his VOTE and intend
ed to lesaze an investigation OF that character Governor
Seward took this view Of the subject in paper prepared
by him while occupying the executive CHAIR whom be
said:--
Of n acpS this s5 Of suffrage the attention
mortal ths test had been the electors OATH administered
m e % M reg Of was
that fun and fair registry would Se impracucaIe and that
the exercise q his constitutional right -
The right to require pre- registration Of the names of
voters rs condition Of the exercise Of the right Of suffrage
cannot be defended, is sometimes claimed, under the
clause OF the constitution which provides that laws shall
be made for ascertanng, by proper proofs, the citizens
who shall be entitled the right Of suffrage II this proyi
sion could be consrued-not merely authorizing q
proper Identification Of the vOter-but as allo wing
the imposition Of an additional test, as comforting
powers to require The person Claiming TO vote to ia
something as condition precedent (such az pre-.
yiousy attending before board OF registraliou),
be practised or TO the additional conditions which tho
Legislature might impose The argument would author-
ize, as means Of dentiicaton the requiring of
longer residence in the State county district than tho
constitution has 10 terms prescribed
In addition to the authority of Gov Seward against such
construction this clause of the constitution as would
sanction registry law, it in point to state that 1866
Governor Clarkon the legal advice, as understood
Of Attorney General Ogden Holman-vetoed a registry
bill for the city OF New York; the ground that the Iegs
aiure had power TO reqrein addition TO the c0ns
utiona qualifications Of the eectorthe registry of his
condition precedent TO voting holding that every
eecor who presented himself at the polls election day.
possessing che qualifications demanded by the constitution
was entitled to vote. This veto of Governor Clark is SO
entirely appropriate TO the present discussion affords
such practical Interpretation of the constitution that it 10
reproduced for the consideration of the Senate.
Gov CLARK.
return with objections. the bin entitled IAN act to
Article x the consaatcn prescrSes the qualifications of
sss e ss + A " ssS the %
enjoying the qualifications prescribed the constitution
ss Fisis s ia
Il aas sn an II
cobsuton legislative power creation Of the COZ
By se pIs
Sn as as Ts;
in section article ard that only authorizes the Legislatures
yleed Infamous crime preventing persOns in
s 10 s @ y ss so wc
suon hus does not give restrict provide
This bill juuaed At ALL j. % be sustained by provisions
OF section d and u intention y 70 provide io asceraning by
bound
psoS.oDs of Ss iii rsnehs ali Citizens s
oeers the days specified pef,re the election have hc
their residence and not returning until after Saturday neYt
previous the election shall not have had their names
tered IL makes provision for supplying
the day election but prohibits all whose are not re-
gis'ered from voting.
The provisions bill snoh character In relation
the additions to the registry for further elections as 10 pre-
vent the registry OF eecto who
90 have his registered at the first REPATRIATION unes be-
ha prove that arose from inability Thus negligence To
exercise right At the time of the first election IL pnised nv
Acknowledgement no. only at that but future elections
1his bill In section also requires proof Qualification of
SIX months residence In the county whereas the constitution
requires only four months aeo requires merely resi-
dencc Of the voter In the election At the time while Inc
constitution requires in addition that he shall have been
resident Tor thirty days next preceding the eleconr How
ever important may be the protection OF the elective franchise
from abuse and the exercise Of the ascertain the c
zens right OF suffrage BY registry otherwise must he done
- such manner a. no to restrict the exercise Of consu
o the constitution, Is entitled and who NAV reseos
hmar on day election and demand right a An cleo
tQ nom exercising The privilege BY the
sstu"on MSH0N II. CLARK.
The purpose Of the advocates Of registry law is 10 pro
Vtb' hegs VOTING But would such law accomplish thai
purpcseY Where there Is Intention 20 dofraud rcgsrv
IS rot needed. Where snch an intention cxiss registry.