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Portland, Cumberland County, Maine
What is this article about?
An elector defends the Portland Selectmen's refusal to admit unqualified voters at a town meeting without prior listing, interpreting the 1811 election act as requiring annual publication and optional pre-meeting sessions for additions. Includes law extract.
Merged-components note: The extract from the law is quoted as part of the letter to the editor discussing voter qualifications and election procedures.
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Full Text
VOTERS.
MR. SWIRLEY,
THE propriety of the Decision of the Selectmen in regard to their refusing to receive evidence of the qualification of Persons at the late town meeting in Portland, whose names were not previously placed upon the list of voters, having been questioned by some,—I wish if you can spare room, you would insert in your next Paper, so much of the first Section of the Act for regulating Elections, published May 7, 1811, as relates to their duty in that respect. I understand they construe the Act to be as it would read by passing over the words printed in italics and considering the latter part as connected only with the former and that the words so printed be subsequently read, as forming a section on a different subject. This appears to be a rational construction of the act and conformable to the design of it. It clears it of ambiguity. The parts follow in a natural order, and in my opinion the decision of the Selectmen is correct. They are required to publish the List only once a year—or, as it is expressed in the Act, "fourteen days, at least, before the first monday in April annually."—They may, in order to give an opportunity for any who might be absent in March, (and perhaps by implication it may be their duty to) hold a Session immediately preceding every meeting—in this case no one who should then neglect to apply, can have any reason to complain.
AN ELECTOR.
EXTRACT FROM THE LAW.
And it shall be the duty of the Selectmen of the several Towns & Districts, & the Assessors of plantations aforesaid, respectively, to publish the said List written within their respective Towns Districts or Plantations, by causing true copies thereof to be posted up at two or more public places in such Towns, Districts or Plantations, fourteen days at least before the first monday in April annually: [and it shall also be the duty of the Selectmen of such Towns or Districts and the assessors of such Plantations to be provided with and have a complete List aforesaid at every meeting for the choice of Governor, Lieutenant Governor, Senators, Representatives in General Court or in Congress; which List shall be so corrected previous to the opening of any such meeting, as to contain only the qualified voters for the purity of elections to be made and no such meeting shall be opened at an earlier hour than ten o'clock in the forenoon of the day of election and it shall be duty of such Selectmen or Assessors (to be chosen as aforesaid) to meet at some convenient place immediately preceding such meeting, for so long a time as they shall judge necessary, to receive evidence of the qualifications of Persons whose names have not been entered on the lists published as aforesaid and to give public notice of the time and place of such meeting when they publish the said List, as before directed.
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Letter to Editor Details
Author
An Elector.
Recipient
Mr. Swirley,
Main Argument
the selectmen's decision to refuse evidence of qualification from unlisted voters at the portland town meeting is correct under the 1811 election act, which requires annual list publication and allows pre-meeting sessions for additions.
Notable Details