Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-08-31
The Right OF v soidiers 90 vote.

called meeting of War Democrats reads as fol
lows:
10 That our volunteers. fmpe1led by convictions Of pa
triotie duty, TO leave their homes and families for the
pEvssions and q seases Of the campaign and the perils OF
and privileges as feIl0w-citizens. and every effort under
the laws and for their modification to receive there votes
should be made, and, situated as they are, in the face OF
potential on the best mode and means for its suppression
and the restoration Of peace.
IL viii be observed that this resolution makes
no reference to our State Constitution, but spe-ks
OF a modification of our laws Fhis utter ig
noring Of the Constitution is the most dangerous
and fatal tendency of the times.
Section IL of articles Of the Constitution, after
defining rcbat persons may enjoy the right of slf-
rage provides they "shali be entitled to vote in the
township or precinct where he may reside" We
presume that after the numerous decisions of the
Republican courts in other States, il will not be
pretended that our brave and patriotic soldiers
who are absent from their place of residence, can
be permitted tn vote until our Constitution is
amended.
Sections | and 2 of article l6 read as follows:
"Any amendmeut or amendments to this Con
%stitutiOn may be proposed by either branch of the
General Assembly, and if the same shall be agreed
to by a majority of the members elected to each
of the two houses. such proposed amendment or
amendments shall, with the yeas and nays there
on, be entered on their journals and referred to
the General Assembly to be chosen at the next
general election; and if. in the General Assembly
so next chosen. such proposed amendment OF
amendments shall be agreed to by a majority of
all the members elected to each house, then it
shall be the duty of the General Assembly to
submit such amendment or amendments to the
electors of the State; and if a majority of said
electors shall ratify the same, such amendment
or amendments shall become a part of this Con-
stitution.'S
If two or more amendments shall be submitted
at the same time, they shall be submitted in such
manner that the electors shall vote for or against
each OF such amendments separately; and tchile
an amendment or amendments, rhieh shall hare
been agreed upon By one General Assembly. shall
be uniting the action Of a succeeding General
Assembly. or Of the electors. no additional amend
ment or amendments shall be proposed.
The Legislature of 1861 was largely and in
tensely Republican. During that session three
propositions to amend the Constitution were
agreed to and we're waiting the action Of the last
Legislature. The first related to the right of
suffrage. and reads as follows: Laws may be
passed fixing as a qualification of voting. the
length of time during which an elector shall
have resided in the county and township, pre-
.efprs Or uard in ubfob ho offor- ~ ~ofa npdar
this Constitution" See Acts of 1861, p. I65.
This proposed amendment contained a restric-
ton and limitation and not an extension or en-
lArgement of the right of suffrage The other
two propositions related to the school law. See
Acts of 1861. p. ls6-
These propositions were pending before the
last session of the Legislature. A bill was intro
duced to amend the Constitution so as to permit
the soldiers to vote. which was referred to the
COMMITTEES on the Judiciary, which reported that
inasmnch as three propositions to amend the
Constitution had been agreed upon by the pre-
ceding General Assembly, and were then "wait-
ing the action of that General Assembly. "no
additional amendment" could be entertained.
Upon a discussion of the report, quite a num-
Der of Republican lawyers sustained the report
of the committee. The report of the committee
was concurred in without a party vote. 1t was,
therefore, impossible for the last Legislature to
do anything to enable our soldiers to vote. If
the Republican Legislature of 1861 had agreed
upon a proposition to 30 amend the Constitution
as to permit our soldiers who were absent from
eIo.--I.no 20 -o.;ao-oo - I.-o - Ill -
Legislature could have agreed to it. and the
people could have ratified it last April, and then
our soldiers could have voted this fall and at the
Presidential election. The Republican members
of the Legislature of 1861, and not the Demo
cratic members of the last Legislature. are re
sponsible for our soldiers not having the right to
vote. While we are on this subject we may as
well refer TO some decisions that have recently
been made a. TO the right of soldiers who are alb
sent from their homes to vote
In the State of Pennsylvania soldiers who were
outside of the State were permitted to vote The
person defeated contested the election for that
cause. The case went to the Supreme Court,
which held that 1.-The term residence in the Con.
stitution, is the same as domicil-a word which
means the place where II man establishes his
abode, makes the seit Of his property aud exer
cises hs civil and political rights. and that the
right of the soldier to vote, under the Constitu-
ton. is in the district where he resided at the
time of entering the military service"
The SINE question came before the Supreme
Court of Connecticut. which held as follows:
These provisions of the Constitution. together
with numerous other incidental and &C
cessary provisions in the same instrument,
clearly indicating an uDquestionable pur-
pose, in those who framed as well as
to require electors to vote only within the several
towns where they have their residence, and at
the tine and place within snch towns Of holding
the regular annual meeting of electors for that
purpose. leave no room for construction. and az.
ford no room to doubt. that any act of the Legis-
lature authorizing the votes of electors to be tax
en- at any other place. or in any other manner,
does conflict with the explicit and unequivocal
provisions Of the Constitution. and is therefore
void"
In June, 1868, the Supreme Court of New
Hampshire delivered a long and able opinion up
on the constitufionaiit Of law of the Legislature
.ofIhat State authorizing the soldiers to vote outside
of the State. the conclusion of which is as follows:
CAS- these views lead Us to the conclusion. that
shis bill. in its most prominent features, is in
conflict with the provisions and the spirit of our
Constitution, we have not deemed it necessary to