The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-01-12

vote is large, 1T is administered IN
haste, and is received by those who
are intent on fraudulent voting as an
empty form, which carries with it no
terrors, and to which little attention
is paid. The only remedy for this
evil, in my Judgment, is the enact
ment of a law requiring all legal vo-
tiers to be registered in books pre-
pared for that purpose, and before
such officers, and in such manner and
form as may be prescribed. Such
registry to be completed by time
certain before the election, kept at a
known place, and exposed to public
inspection, that errors may be cor
rected and frauds detected.
1t has been said, however, that, un-
der the Constitution, a Registry Law
cannot be adopted. The constitu-
tional provision is in these words: :.
ARTICLE I. SECTION 2. In all
elections not otherwise provided for
by this Constitution, every white male
citizen of the United States, of the
age of twenty lone years and upwards,
who shall have resided In the State
during the six months Immediately
preceding such election; and every
white male of foreign birth, of the
age of twenty-one years and upwards,
who shall have resided in the United
States one year, and shall have re-
sided in this State during the six
months Immediately preceding such
election, and shall have declared his
intention to become a citizen of the
United States, conformably to the
laws of the United States on the sub
ject of naturalization, shall be emit
tied to vote in the township or pre-
cinct where he may reside" a.s
From this it will appear that per
sons otherwise qualified have the
right to vote, if they are residents of
the township or precinct on the day
of the election, and have had no pre-
vous residence therein, whence it has
been said that law requiring reg
istry on day previous to the day of
election, would be unconstitutional.
There is, in my opinion. no force in
this objection. The question as to
the way and manner of proving resi-
dence is entirely within the control of
the Legislature. 1t may by law re-
quire verbal proof, as it now does, or,
it may require the evidence to be in
writing 1t may accept of the oath of
the person proposing to vote as con-
elusive, or, it may reject his oath alto
gether and require the testimony of
other persons. The Legislature has,
from time to time, regulated the COM
potency of witnesses and the form of
giving testimony In courts of justice,
in some eases requiring it to be in
written dispositions taken out of court,
and in others the personal presence of
the witnesses before the court and
jury 1t certainly has equal power to
determine In what manner the proof
of residence shall be made before an
election board.
All persons claiming the right to
vote who are residents of the town
ship or precinct, at time certain be-
fore the election, say thirty days, can
be legally required to have their
names registered, in such place and
in such manner and form as may be
prescribed, and the registry thus
made to constitute the legal evidence
of their qualifications and right to
vote. For such persons who claim
to have acquired residence within
days before the election, or on the
day of the election. special provisions
can be made.
The constitutional provision Of IL
linois upon this subject is as follows
" ARTICLE III. SECTION l. In all
elections every white male above the
age of twenty-oue years, having re-
sided n the State one year mex. pre-
ceeding any election, shall be entitled
to vote at such election; and every
white male inhabitant of the age
aforesaid, who may be res dent of
the State at the time of the adoption
of this Constitution shall have the
right of voting as aforesaid; but no
citizen or inhabitant shall be Untitled
to vote. except in the district or county
in which he shall actually reside at
the time of such election"
1t will be seen that upon the sub
ject of residence in the township or
precinct it is the same as ours, it being
sufficient to acquire the residence on
the day of the election. The Legisla-
ture of Illinois has enacted Registry
law, and have provided that persons
claiming the right TO vote, whose
names are not upon the registry, shall
make their afidavits in writing sta
ting specifically, the place where they
live, when they acquired their resi-
dence, and their occupation, which
affidavit must be sustained by the tes-
timony in writing ofsome other per-
son of acknowledged residence in the
township or precinct. The cases com
ing under these specific provisions
must ordinarily be few in number,
and give but little delay or embarrass-
ment to the Election Board, while the
safnnnarLs furnished anainst fraudu.