Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1855-08-10

ChICu, IOT " all Is lllCHal tnefe IS no
election; hence vacancy, aud he
must order new election.
Again: provided, that two or
more persons voted for shall have an
equal number Of votes, and IN case
vacancy shall otherwise occur in
either branch of the legislative AS
sembly, the Governor shall order
new election Now, sir, that clause
makes 1t the duty of the Governor
10 decide upon and declare vacan-
cics And in case vacancy shall
otherwise occur Now what is a
vacancy: Ii is en- untitled or unoc-
cupied office, empty a space, vacant
post. 1t matters not whether II is
caused by death, by resignation of
member elect, or by an omission
once to I'll such office.
1t has been said vacancy cannot
occur until this Legislature be orga-
nizod II not, how then can a va
cancy occur where two have the
same number of votes And the
act declares that vacancy, where
two or more have an equal number
of votes, 'and in case a vacancy
shalt othcrw ise'-that word otLer-
'oiSe shows that in the former event
there was a vacancy-thereiore If
there is vacancy waere two have
an equal number, then there would
he vacancy where no votes are
cast. Surprising the electors should
not attend the polls, and no votes
should be cast, is there not vacan-
cy? II then there is vacancy
where no votes are cast, is there not
a vacancy where no legal votes are
cast Can member be elected bv
illegal votes IL then, vacancy
occurs where none but Illegal votes
are cast, does not one occur where
ne-half, or any part, of the votes
arc illegal II there is no way Of
Distinguishing the legal from illegal
votes, know of no rule by which
TO draw the line of demarkaton.--
My method of reasoning leads me to
but one conclusion-lhat is that the
Governor has in all cases the power
to decide upon vacancy. This act
makes ii the duty Of the Executive
to order new election in all cases
of vacancy, ami inasmuch as IL
makes this his duty, and does not
define a vacancy. ii inevitably makes
it encumbent upon him TO decide
what vacancy is; he is to fix
meaning TO the word no other pow
er can decide this for the vacancy
must be declared and a new election
called before the legislature can be
convened. Can thus House pass an
act referring back 10 its own crea-
ton, and declare that the Executive
/ has no right 10 call nm election by
which this House itself was elected?
Can IT nnlllfy the acts of the Gov
ernor ? Do the powers of this House
date back so far, before its existence?
/ Are the powers of this House and
/ that of the Governor one and the
same Can those of the one coun-
teract those of the other! The Gov
ernor has said there was vacancy,
caused by incomplete, imperfect re-
turns; he has said so by virtue of
that power in him vested 10y the or
gauic act, and now can this House
annu that decision aud decide the
election legal, regardless Of the re-
turns 7 The organic act gives to this
body no such power; | have more
confidence in the wisdom and ability
Of the trainers of that bill; a differ
ent construction would be an insult
TO the friends of the bill. II is nn
exposure of the dishonesty OF ignor-
ance of those who thus interpret il
and | for one should burn with
shame to know that il lad been an
nounced that by such misconsiruc-
ton of the act had divesled the
honest citizens of the Territory of
their only protection, of their dear
est rights.
Again, if the Executive has the
right to judge of the election of
members of this House, then he
must have power to provide means
OF substantialing or invalidaling the
returns. 1t must be incumbent up
on him to give the citizens of the
several districts the opportunity of
protesting and showing the illegali-
~ of such elections, for it is only
in this way that he can become
convinced of It's legality or illegali-
,ty but let us look at his further
inslrnciinns The Dad Sec, reads
: as follows: " And be it further en-
acted, that every free white male
) inhabitnnt above the age of twenty
} one years, who shall be an actual
} resident of said Territory, and shall
possess the qualifications hereinafter
} prescribed, shall be entitled to vote
at the first election, and shall be ell
igible to any office within the Ter
rltory."
This section makes it necessary
for person to be not only an inhab-
liant, but an actual resident in
the Territory, that he may be le-
gal voter he must not only be in
the Territory at the time, but must
live in it, have his home in it, the
} only home he has for he resides
where his home is, where his resi-
dence is he must have an actual,
net a constructive residence. If he
is only living there for few days,
il is only constructive residence,
not an actual one. Now it is for