Mr. Sumner. But I am disposed to believe that in not doing it we fail to follow the best example. There is no question now with regard to the manner of voting at popular elections. Our present question concerns the manner of voting in a representative capacity, and here British precedent is in favor of open voting.
The rule at popular elections in our own country has not been uniform. In some States open voting has prevailed from the beginning; in others, voting has been by ballot. The origin of these differences, while curious historically, is not without interest in this debate. I think I do not err in saying that the example of England was early recognized in Virginia and the more southern States, also in New York after the withdrawal of Holland. The Western States, including Kentucky, I need not remind the Senate, were carved out of Virginia. The great Northwest Territory was originally part of Virginia, and I presume that the habit which the Senator from Illinois tells us prevails throughout that region was derived originally from Virginia, as the latter State derived it originally from England. In New England the usage is otherwise; nor is it difficult to trace its origin. New England borrowed her system of secret voting at popular elections from the Puritan corporation which originally planted its settlements. By the Law of Corporations a majority governs, and this rule was practically enforced by secret voting. Here the simplicity of the times harmonized with classical example. Beans were used for ballots. A candidate being named, the elector voted by dropping a black bean or white bean into a box. The rule at popular elections was carried into elections by the Legislature. These early settlers were not the first to employ beans for ballots. The law of Athens enjoined that their magistrates should be chosen by a ballot of beans: so we are told by Lucian, in his Dialogues.[37] In other places voting was by black and white pebbles.[38] These instances, besides showing a curious parallel with our New England way, illustrate the history of secret voting.
This brief statement shows the origin of the opposite rules in popular elections among us,—the South and West receiving theirs from Virginia and from England, and New England receiving hers from the practice of a Puritan corporation. I ought to mention that Rhode Island, which was organized under a charter from Charles the Second, was an exception; but in other States the original rule of secrecy in popular elections has prevailed from the beginning.
There is no question before us with regard to popular elections. We are considering how men should vote in a representative capacity. Much as I am in favor of secret voting at the polls, I cannot hesitate in declaring for open voting wherever men represent others. Nor can I see any reason for secrecy in elections by a legislative body which is not equally strong for secrecy in voting on the passage of laws. But nobody would dispense with the ayes and noes in our daily business. To my mind the question is clear. Republican institutions will gain by establishing the accountability of the representative, and I cannot doubt that this principle should be our guide in determining the manner of electing Senators under the National Constitution.
The amendment of Mr. Fessenden was rejected,—Yeas 6, Nays 28.
The bill passed the Senate,—Yeas 25, Nays 11,—also the House of Representatives, and was approved by the President.[39]