Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-03-19


bersO cInphatically complained. From this
brief review it is clear, that at least one
reason which operated on the mind of the
convention in adopting this altered provis-
ion has been ascertained. This is admitted,
but 1t Is insisted the convention had an ad
ditional purpose in view-the removal Of
all restraint upon the legislative discretion
in fixing the places of holding elections, so
that the legislature can now authorize polls
to be opened and votes polled in any foreign
country in which may be found citizens,
who, If at their respective places of resi-
dence would be entitled to vote. This in
ference rests chiefly, If not entirely on the
fact of the convention having omitted from
the provision of the present Constitution
the restrictive clause found in the Constitu-
tion of 1902. Is this inference reasonably
to be adopted?
In the particular intent of the convention
above stated, is disclosed their general pur-
pose in adopting this altered provision
That general purpose was furtherto restrict
the exercise of the elective franchise by
comforting upon the Legislature power to
erect around the ballOt-boX an addition
al barrier against corruption and fraud"
1t may be further observed, that the de-
bates in the convention do not contain the
slightest evidence of the existance Of any
intention to make any further alteration
than that which has already been stated.
and certainly give no intimafion of n pur-
pose to give to the provision adopted the
effect which is now sought to be engrafted
upon it. On the contrary the convention
seem to have assumed, as matter of tacit
understanding, about which nothing was
said. that the elector was required to vote
at the place of his residence. In the de-
bate on this provision Mr.. Mason said:
Gas to the question of residence i'm order to
vote In townships or wards. he was not par
ticular and would only, perhaps, require
actual residence on the day of election: but
the county is a unit, and whether a man
vote in one township oranother is a material
matter."-2 Con. Debdtes 10. .-r h
Mr.. Dorsey said: ....
-r "He was willing to provide that no man
should vote who was not resident in the
township or ward IN which he offers to
vote. but would fix no time for the length
of such residence. II would be productive
of great Inconvenience" ibid. la
These extracts show that the common lam
guage of the members of the convention on
this subject. indicates the existence of the
UNDERSTANDING have stated No one sug-
gested a change as to the place of voting.
and they speak of voting In townships ETC.,
as matter of course. On the question of
time of residence alone, was there any diff
ference of opinion?
What, then, is the conclusion necessarily
resulting from this examination of this i'm
portant point in this case? Is it, that, whilst
the convention. after such debate as was
deemed necessary to intelligent action, for
the clearly expressed purpose of restricting
the exercise of the elective franchise and
more securely guarding the ballot-box from
corruption and fraud, introduced into the
Constitution the provision under consider
alton, they had i'm view another and antag-
onistic purpose, not disclosed i'm their de-
bates or the tradition of the time, or neces-
sarily implied in the language used-that
purpose being to send that ballot-box,
which they guarded with such Jealous anx-
iety at home, and which they evidently
regarded as the ark of our political cove
sion to foreign lands-to the isles of the
sea, and even to the ends of the earth, like
the net in the parable which was cast into
the sea. to gather of every kind, without
the power on its being returned, to gather
the good into vessels and cast the bad
awayS i4'H
Such construction would violate the fun
damental principles of the Government;
would be clearly inconsistent with the gen
eral purpose of the Convention, and viola
tive Of the principles of sound reasoning.
. shall notice but one other provision Of
the Constitution:
attendance at elections, and in going to and
returning therefrom, shall be privileged
from arrest in all cases, except treason, fel-
ony and breach of the peace"
The words electors" and "elections" are
general, embracing all of their respective
classes. Had they Intended the provisions
Of this section to extend to the elections