The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1862-11-07
From tie Westmoreland Republican.
THE ARMY VOTE.

ty-Ono years, Ui0 w ts1S etecu0H utSDICtS UefcHe
offers to vote ts. dtys a,GAsty precedNtg sue
election" shall be entitled to vote.
The volunteers in the field are not only out
Of their election district, bat outside OF their State
and within States where Pennsylvania laws are
imperative and unknown, and are besides soL-
die,s, subject to the arbitrary and absolute COM
manl of military officers, most OF whom are
from other States. Voluntarily, patriotically,
they have temporarily, surrendered their char
acter citizens and subjected themselves to mil
itary laws and commanders.
Always obedient to the rule of right, Demo
Gratis generally, took no army vote. The Re
pubcans, disregarding the Constitution, pro-
cured all the votes which by prejudice or an-
thority, fairly falsely, could be obtained for
the abolition candidates. The result is that.
although majority of our volunteers are Dem
ocrats, the partial and imperfect volunteer vote
Is almost all Republican.
: Fairly beaten by the legitimate vote of cit
izons the Republicans now resort to their fraud
ulent army vote, one sided and taken i'll defiance
of the Constitution, to reverse the action and
defy the will of the people as legally cvinced at
the polls. Their hitherto sterile triul on sol
diers is to be made to fructty by the perp4 4tra-
,ion of fraud on citizens, if they can accom-
plish such nefarious object.
They do not deny that the Constitution for
bills voting, except in the election district, but
they boldly declare that the Constitution is to be
set aside to make way for the act OF Assembly
of 1889, which provides that soldiers in service
''nsay uote at sact phtce nay be appointed By tie
commanding oGiccr." Ii the officer appoints no
place, there can be no vote or if he does APP
point a place. he may detail for duty, which
takes them away from the place of voting,
such men and in such numbers as he pleas
oS.
Thus according to the Republican theory,
the right to rote aad the result Of tic roe, depends
,otoly on the srW Of military officer. Instead
of the military being subordinate to the civil
power, as declared by the Bill OF Rights of all
free Governments, the military power holds the
right Of suffrage the election Of all civil Off
GERS, the liberties of both citizens and soldiers,
the Constitution, and the State itself, at its abb
solute, ,arbitary disposal.
II the Legislature can annul the Constitu-
ton, by virtue alone of which they can, exer-
else even legitimate power the rights of citizens
are wholly at the mercy of q temporary and
ever fuctuating majority-even if composed OF
arrant fools, merccnary wretches, or usurping
tyr,nts. Constitutions are made expressly to
prot ,ct minorities, and to restrain rulers 1t we
permit them to he tramplcd on with impunity, |
we license the hydra headed despotsm of mere
numhers--always savage, reckless AMI cruel.
The people themselves have provided by the
Constitution, for their defence against fai.hless
or foolish legislators, by declaring that the ju-
dicial power of the Commonwealth shall be
vested in the Supreme Court the jurisdiction
,f bnh cl,nl tho n
validity of law is a judicial question, and
hundreds of laws, inconsistent with the Con-
sttution, have been annulled by the Supreme I
judicial tribunals in every State of the Union.
Thus the Judges stand, the defenders of the
Constitution AMI of the people, who in their
character of sovereigns have declared their ON
nipotent will by that great first law.
This very question of the army votehas been
directly decided by the judicial protectors of
the people. The Supreme Court so!emnly de-
clared on the 22d of May, 1862, in case o.
Chase rs. Miller, that
/. "Election districts within the meaning of
our statute, denotes sub divisions of Pennsyl- !
vania territory, marked out by known bounda-
ries, pre- arranged and declared by public au-
thorities; and election districts mean in the
Constitution just what they mean in the stat
ute. The Constitution recognizes them as a
mong the civil institutions of the State, which
can neither be created, nor controlled, by the
military power. /
:, The term residence in the Constitution
is the slme as domicil-l word viii h meaus
the place where man establishes his abode,
makes the seat of his property, and exercises
his civil and political rights.
3. The right of soldier to vote, under the
Constitution is in the district where he resided
at the time of l;s entering the military SER
vice.
4. The 43d section of the election law of I'd
July, 1889, allowing soldiers to vote outside of
the boundaries of the State, is in direct conflict
with the amended clause of the 3D. article of
the Constitution of Pennsylvania, and is, there
fore, NULL AND VOID. 1
This is no party question, nor isthe Judiciary
prostitnted to parizan purposes. In the opin-
ion just quoted, the Republican portion of the |
Bench concurred. Republi an Judges Of sub
ordinate courts followed it, and Republican law. |
yers Of eminence approved it. If
Very recently the Court of Commen Pleas
of Philadelphia, composed of Republican Judg- q
es, deprived Robert Euing, the Democratic Sher-
iff, of his office, and put John Thompson, Re- $
publican, in his place, by rejecting the army 9
vote, which gave Democratic majority. 1t r
was MOI pretended that the vote cast eutS,tte the
State should be counted No Republican law
yer could he found bold enough to present so |,
absurd a preposition But it was contenled '
that the volunteer vote polIed IN the State b
though out Of the proper district, was valid Il
Tie court rejected both. In doing they rested 81
on reason and authority and vndicated the Con. il
stitu;ion, cmpha.ically declaring q
'In regard to the first proposition, that the y
votes Of the military cast within the State are Ii