Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-28

the Constitutional Convention was
altogether in committee of the whole
ON the first report of the committee on
securing tine purity of the ballot. In
the morning an amendment offered to
section l of the report was offered
by Mr.. Bradford. The amend ment ia in
the shape of an addition to the original
report and reads: 'Or who shall by
force, threat, menace or intimidation
prevent or hinder any person qualified
for repatriation from being registered,
or any person qualified to vote from
voting according to his choice at any
special or municipal election"
Mr.. Bradford then, section 2 being
under discussion, took the floor and
made lengthy and elaborate argument
favorable to tho proposition to try Ger
tain violations of the election law
before the Judges instead of before
Jury. He occupied the balance of the
morning session, reading extensively
from the decisions OF the supreme
court and other authorities.
Mr.. Spruance cited a number of
authorities and deved extensively
into colonial history to show that our
forefathers were careful to preserve to
the people the right of trial by jury.
He said that the Constitution of 1881
was ratified by the people in a short
time after it was formulated, but
before it had been in operation very
long the different amendments we're
made which were considered to be
necessary to the welfare of the people.
Afterwards Mr.. Spruanoe touched
upon the matter of trials before the
court in cases Of the violation of the
election laws. He took the ground
that every man. no matter what the
degree of crime with which he is
charged, should be- allowed the privi-
lege accorded to him by the laws of the
land and be tried by a jury Of his fell.
lows. He then touched upon the mat
tor of speedy trials for such Offences,
and said: when will these trials
happsnY Why, just after election. In
one county we were told that in order
to secure a conviction it would be
necessary to act before the ardor of the
people cooled.
'Think of Democratic Judge in
the conscientious exercise of his intel
Zig nee convicting Republican whose
friends think no is innocent, There
are always two sides in all cases. The
attorney general thinks he is always
right, and counsel for the other side
believes likewise. The Judge believes
he is right, but the friends OF the con
victed party would claim that he was
prejudiced, 1t would be impossible to
eliminate the feeling against that
Judge from tho minds of many men
and might impair his future useful
mesa. Not so with jury. When their
verdict is rendered they paRs from the
court room and are lost in the crowd.
possibly, never to serve on jury
again. IL you arc going to turn your
Judges intu iurymen. want IL in any
case in which my life or liberty OF
person is concerned, and l want them
all to agree. God knows don't want
to be tried by one man-three is better
three.
IF we have jury we should also
have a unanimous jury and if you
create tribunal which is to be called
jury shall at a later date propose
an amendment requiring unanimous
action. Some people gay it is not worth
while to depend upon Legislature tC
make the laws, much less upon Legis
lature whore men sit who are supposed
to owe their election to the very
methods we are trying to prevent
But did it ever occur to you, Mr.
President and members of the con
vention, that we who are sitting her,
were elected at the same timer
Mr.. Martin, at o'clocs, moved tina
the committee rise, which was carried
Dover, Jan. 81. The most of TO day.
session of the Constitutional Conyen
tion was taken up 10y the discussion Of
the report Of the committee ON securing
the purity OF the ballot, upon which til
convention resolved itself into commit
toe of the whole with Mr.. Salisbury il
the chair.
Previous to going into committe
several bills for furnishing the roor
were introduced and referred to th
committee on accounts.
DR.. p. Il. Carlisle introduced
petition from Thomas b. Coursey q
South Murderkill hundred as follows
which was referred to the committee o.
purity of the ballot:
10 the Honorable Speaker aud members @
the Constitutional Convention
Gentlemen-Gour petitioner would II
spectfuly represent that it is gross injustic
and unnecessary and useless requirement I
compel taXables who have been paying take
over and above poll tax for a number G
years to drive eight or ten miles every ele,
ton year to meet the officers of registry an
tell them how old he is and how long lie ha
lived IN the state, county, hundred, et'
Having done this once should he suificier
unless he moves to another district In thu
case it would deyolve on him to appear heloi
the board and prove residence. to qualif
him for voting. But there are hundreds an
thousands in the State who are and hav
been for many years permanently located
such should not be required to register BIT
once. Men who only pay a poll tax, havin
no abiding home and who are moving frol
one district to another would necessarily /
required to re-register and prove residenc
In the city of Wilmington, where voters ri
changing wardssometimes TWO or three tim,
year, it would be necessary to register b
fore every election. But in Kent, SUISSE
and the rural districts of New Castle shoul
not be required TO do so.
Your Honorable Body having taken III
bribery question in hand, your petition,
would respectfully suggest that long ste
towards thesuppression of bribery and frau
by election officers would be accomplish
by the adoption Of the Myers Voting NJ
chine. If the financial condition of I'll
Treasury OF the State can afford it, your p
titioner would be pleased to see 1t adopte
Less than half the number of polling plac
required by the abUuinabe blanket she
would he required and in ten minres aft
the polls are closed the result could be q
nounced.
IL adopted there should be provision tn
member of The county committee Of ea(
party bringing candidates to be voted f
should be present and see the figures take
from the machine. With thus provision :
hnpy IN al, ,tgi