The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1859-03-29

H''"' 'H' y th'Ntl''f' III tIi- the cyE>'futiOl
is wholly silent plainly leaving !, to be de-
cided by the Legislature in what way, by
what proof, and before what tribunal this
right shall IN any particular case be as
ccrtaincd
All this clearly pertains t. the Lesisla-
ture-per;ains as clearly as that they may
enact laws by which a mans right and title
70 his farm, his horse, or MS watch may be
ascertliuo9. The constitution defines the
classes but it does not declare that 4. X.
{, and u, or any ore Of them in particu-
lar, shall be a voter; and it is entirely OBJ
vIous that without the exertion Of the Le-
gisl'tive power, there wculd not only be
10 means Of proving or ascertaining who IS
an c.cctor, bn. that there would hc 10 cleo
ton
|, necessarily follows that there mus. he
Julges # TIE E2ecti5u, IT,, persons APP
pointed By law to determine who has and
who has not these Constitutional qnaliGca.
tons This principle and this practice are,
and necessarily must be, uuiyerza! in com
munijes whore the people vote. L is tms
Of al corporations whether public or pr
yate, because the rights Of each member f
the corporation are dependent Moon It ana,
as IS well l;nCwu, courts 81 law n- we. as
Of equity iutcsfcrc 70 protect this r.It in
eases which ar" respecting the Interests #
such member.
The same priuciP,e-oi establishing
Judges To determine the righf-.ie asserted
IN our election law of 1881 for It plainly
provide, although he ,nay he qualified
elector, is challenged 1T the polls aud refu.
ses to take any one Of tn five ferns Of
oath (cach of which Is statement that he
belongs to one Of five clas>os.) he IS nat
perHtltcd Ia rate Here the fact, whether
he is quilted clactor, Is to be asccrtaiaea
simply and solely by his olr0 o2'A, unsr'p-
ported BY any other witness cr any other
test for the Statute provide that " if 4uci,
person so challenged viii take either Of the
above oaths, his vote shall tc received -
If on The o,bor hand he should refuse, a
though qualified as an elec;or, TO take some
one Of the five oaths he is not permitted TO
vote Thus man fully qualified but re-
fusing FROM whatever cause to be subjected
to the oa.E, is by :Le present Statute under
tn" present Constitution absolutely denied
TIE right to DEPOSIT MS -ote. If chll enced
J." "al .oje Uron the condition Of swearing
to lrc an" Of Tic tiya forms Of oatl. If
tAn hight therefore, Is 50 cOAiplcte!y = be
ynni IL la"wer Of the Legislature as to aU-
-. -. 90 ,.,t. ,G-l ,f-rty.V >, ...4, OF q, y
events iHt IN spite Of the challenge, then
have tie legislature no power to create
.judge~ oG tho right then must il be left
to each man, qualified or not to determjue
the right frr himself. and if prevented by
the Inspectors from voting. he las, notwith-
s,aud;ne the challenge aud Notwithstanding
his o~rn refusal to ,.ko tho oath, good
cause Of actiou In damages against the In
spectorS who mnder this act may refuse TO
receive bis vote. ~; this committee Ii
they are prepared 10 take THIS ground
VIII their published ideas ot natural rights
and constitutional rights sutler them to stop
short os tins PLAIN ana distinct line Val
they tace the consequence 81 this, Their ar
gumeut : Tor 1t seems !" me as clear Is
light, that Ii, rs they contend, the elective
franchise Is totally beyond the rca.h o. the
asceriaininS ana protective power oi 'ne
Legislature they must adopt tne avsuTo
consequences To whIca 1 nave lea tAe'H
must hold that the Legislature nave h'
powcg 10 ascertain or prove VINO | lesN''Se
the ri5nt, and conse iuehuy that Inc act
1901 : unconstitutional and VOID - i'r a
the clause have quoted Is coocfrhed. Nay
they mn5' % lar'hff. ih'y mus ho'' INA
The ieSl'i"luF9 nave not oby no power L
ascertain TINS invaluable r'gnt hy means
judges ol election b"t more Whatever &
punish faiSf swearing Of i'Se Voting at IN
election i'r u me person o'.yring 10 F''
Is 'oe hh'' }i'se % ms own Hna''hf'' ions
then no '''a can o' Te4u''ea or h'm' an
no court "a" re''.'' MS de'is,on.
hi' ''"S 'p>,''1 notion mus 'e gwen .
'he iloh,'n' 1t 'S examined aHd II ''ioSI D
a'iil'''d 'n3' '''' h's'sla''iFe nave aN,n'i ,!l
ny % lT''''e means 'nu '"s't 'tu'heil''''''.e
'o' ','c '.'c1i'"'',C'' q tue ii2"'' o'''ei "rS
an eiec'on "ou!1 'e bu' ahq'her name 70
mon anu violence ana pa iy'hs' i''>
;ohne' "oHoie 'G''"3' 'F'o'e ''.'Hs' "'u'
be t''e o'',r o' ,l9 u'y' ana hoi-res'd' a. 4,
ni ,N' ""'u OF 'te 'o"h>h'?' minors WIZ