Year: 1867

Concluded from last reek


REGISTRY LAW.


The purity of the ballot box is essen
tial to the maintepance of free institutions
In. so far as it js corrupted, it not only
fails to express the will Of the people bul
defeats their will, and places the political
and civil power in the hands of fraudu-
lent holders. If We would have the deci
sions of the ballot box respected, and the
voice of the majority peacefully obeyed
II must be by making our elections an
honest exposition Of the peoples will, an
exposition so fairly and certainly made al
to leave in the public mind no want o.
confidence in its integrity. But upon
that subject ! need not enlarge, as there i,
not a member Of this General Assembly
who does not fully comprehend its vita
importance, and l will proceed at once ia
the consideration Of the evil for which, il
possible, a remedy should be found.


Ii is notorious fact that under oui
election laws, men go to the polls and
vote, who at the time have not the right
to vote anywhere; that men vote in pre-.
cincts and townships where they do not
reside, and often vote several times on the
came day, at different places, and some.
times at the same place.


The oath which is prescribed by law Ia
be administered 10 persons, whose votes
are challenged, has been found practically
to furnish but little security against fraud
ulent voting.


The statute provides, that if taken il
shall be conclusive as to the right OF the
person TO vote, aud no other evidence shall
be received to impeach its truth.


In cities and precincts where the vote
is large, il 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. ard to which
little attention is paid. The only remedy
for this evil, in my judgment, is the en-
actmeut of law requiring all legal voters
to be registered, in books prepared for
that purpose, and before such officers and
in such manner and form as may be pre-
scribed; such registry to be completed by
u time certain before the election, kept at
known place and exposed to public in.
spection, that errors may be corrected and
frauds detected.


IL has been said, however, that under
the Constitution, a registry law cannot be
adopted. The constitutional provision is
in these words:


"ARTIcLE l. SECTION 2. In all elections
not otherwise provided dor by this Con-
stitution, every white male citizen of the
United States, of the age OF twenty -one
years aud upward, who shall have resided
in the State during the six months imme.
diately preceding such election; and every
white male Of foreign birth, Of the age OF
twenty-one years and upward who shall
have resided in the United States one year,
and shall have resided in this State dur
ing the six months Immediately preceding
such election, and shall have declared his
intention to become citizen Of the Uni
ted States, conformably to the laws Of the
United States on the subject Of naturaliza-
ton, shall be entitled to vote in the town
ship or precinct where he may reside"


From this it will appear that persons
otherwise qualified have the right to vote
if they are residents Of the township OF
precinct on the day Of the election, and
have bad no previous residence therein,
whence it has been said that law requir-
ing registry on day previous to the
day OF election would be unconstitution-
al. There is, in my opinion, no force. in
this objection. The question as to the
way and manner Of proving residence is
entirely within the control Of the Legis.
lature. 1t may by law require verbal
proof, as il now docs, or it may require
the evidence 10 be in writing. 1t may nc.
eept OF the oath Of the person proposing
TO vote as conclusive, or il may reject his
oath altogether, and require the testimony
Of other persons. The Legislature has
from time to time, regulated the competen'
cy Of witnesses and the form Of giving
testimony in courts Of justice. in some
cases-requiring il to be in written deposi
tions taken out Of court, and in others tho
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 township or pre-.
cinct at q time certain before 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 evidences of their
qualifications and right to vote. For such
persons who claim to have acquired q
residence within the township or precinct
within thirty days before the election, OF
on the day of the election, special provi.
sions can be made.


The constitutional provision Of Illinois
upon this subject is as follows:


"ARTicLE III. SECTION l. In all elec.
tions, every white male citizen above the
age of twenty-one years, having resided
in the State one year next preceding any
election, shall be entitled to vote at such
election; and every white male inhabitant
of the age aforesaid. who may be resi-
dent of the State at the time Of the adop.
ton OF this Constitution, shall have the
right ofvoting as aforesaid; but no citizen
or inhabitant shall be entitled to vote ex
cept in the district OF county in which he
shall actually reside at the time Of such
election"


1t will be seen that upon the subject Of
residence in the township or precinct il
is the same as ours, it being sufficient &c
acquire the residence on the day Of elec
tion. The Legislature of Illinois has en-