The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1863-09-09

is directed. The forty sixth expressly de-
clares that al penalties upon officers and
electors for violation of law at ordinary
elections, shall extend to these provided
for by the act. The four sections next
following, relate TO returns and to the
enumeration of votes by return judges.
It is to be remarked, that all the returns
directed to be made are to be transmitted
through the mails.
Under these acts, or rather under that
of 1889 which stands in place of the older
statute, it is plain, that persons drawn for
the military service of the United States
under the conscription act of Congress of
Sd March 1868, are not authorized to vote.
For the act of 1899 applies only to "de-
tdchments of nsslitia'' and to ''coyps of voz-
uuteerS' in service under State authority,
or under requ.sition upon the State from
the President of the United States. In
1899, and always previously, conscription
by the United States was quite unknown,
and no provision was made for persons
who might be drawn into service by it.
Therefore, even if this law should be held
valid, conscripts could not vote under it.
They, like citizens in civil life, would be
obliged to vote, if they voted at all, in
their proper home election districts and not
elsewhere.
Again. the act of 1899, following the
example of the act of 1913, provides only
for votes 10 be given at the general elec-
lions, which, by our Constitution are fixed
on the second Tuesday Of October of each
year.
It follows, that there could be no vot-
ing under this law at Presidential cleo
tions, at the anaual spring elections or at
municipal or special elections fixed at 9TH
er times within the year than the second
Tuesday OF October. AT none of these
can the right Of suffrage be exercised con
the day of the general election, as afore-
said, > to which occasion the privileges con-
ferred by the acr are limited
Nor does it seem contemplated. or rea-
sonably possible, that elections should be
held under this act, except in companies
or troops under complete state organiza-
ton, with citizen officers. The command
ing officer Of the troop or company is to
fix the place of election, and the officers
are to hold it, to be sworn, and to make
returns. Only citizens of the State, or
persons owing allegiance to her laws, can
be directed BY her to perform such duties.
Ground has already been shown for hold
ing that citizens Of this State who volun-
teer into companies raised BY ether States.
or directly into the service OF the United
States, independent of State organization,
caunot vote For the same reason of ex-
clusion applies to them that applies 10
United States conscripts, to wit that they
are not included in the terms of the act of
1889. But beyond this, where the Off
GERS of any troop or company, the mem
bers Of which are qualified to vote, shall
neglect or refuse to appoint, TO hold, or to
make return, of an election. the whole pro-
ceediDg must fail and where such officers
are not citizens of this State (Which may
be often the ease) they cannot be punished.
There can be no pretence of power on be-
half of our State to extend ber laws civil
or criminal over persons beyond her Dor
ders in United States service, and who
owe her none of the duties of citizenship
l assume that the act was intended to
have operation and authorize voting as
well beyond as within, the State limits.
notwithstanding respectable professional
opinion to the contrary, this conclusion
may be drawn from the following points,
lst. that all the election returna are to be
made through the United States mails
which can convey them from remote points.
End. That military service rendered the
United States by our citizens, will usually
be service beyond the State boundary.
3rd. The practice under the act in ls47
during the Mexican war, and 1861. 4th.
The inequality of allowing some qualified
soldiers to vote and excluding others; the
enjoyment Of the right depending upon the
circumstance of place at the time of the
election over which the voter, being sub
jeet to military orders, can exercise no
control. Lastly, may be considered, the
situation of the State and country when The
act of 90 March 1913 was passed. In the
spring of that year the invasion of Cana
da was intended. Strong efforts were
to be made to obtain control OF the lakes
and of the country beyond them; to re-
trieve the Hull disaster; to chastise the