The daily register. [volume] (Wheeling, W. Va.) 1863-1864, 1863-12-14
The Army Vote.

We called attention few days ago, to
An opinion delivered by Judge OKEY, Of the
Guernsey (ohio) District, in relation to the
validity of the votes of Ohio Volunteers
cast outside OF the State; but the great
length of the opinion prevented its publica-
ton in The REGISTER. A synopsis or syl-
labus of it, showing fairgrounds upon which
the statute was regarded as constitutional,
may be interesting to our readers, and ac-
cordingly We endeavor to furnish it. The
Judge held as follows:
The act is not confined in terms to cleo
tions to be held at camps within the State,
but evidently contemplates that such cleo
tions may be held beyond the territorial
limits of Ohio; and the question is, there
fore, whether the General Assembly had
the constitutional power to pass such law
The justice of the law and the safeguards
provided to secure fairness at the elections
on the one hand, and the imperfections OF
the law and the danger Of fraud aud coer
zion on The other, are by no means decisive
of the validity of the act; for this is not a
question of expediency, but question of
power; and in deciding the question, it will
be remembered that it was foreseen in the
constitutional convention, as appears by the
debates of that body, that the General
Assembly would have large discretionary
power ON the subject Of elections; that the
presumption is always in favor of the valid
ity of law until the contrary is manifest;
and that the General Assembly had the
power to pass this act under the general
grant of legislative power, and without any
especial grant of power, unless the consti-
tuition has confined to the territorial limits
of the State the places of receiving ballots
tsWhile it is probable that under the con
stitution of 1902, the General Assembly
was prohibited from passing an act like this,
the present constitution is silent as to the
places where the ballots shall be cast; and
no provision of it, fairly construed, does
more than fix the qualifications of voters
And although legislation like this may not
have been in the minds of the trainers o.
constitution, neither was this rebellion,
which has called away so great number Of
meritorious voters. Many acts have been
held valid when the trainers Of the consti-
could not have forsseen their necessity.
The constitution, in requiring that voter
shall have been resident of the State one
year negt preceding the election" means
only that voter must have been domiciled
in the State at least one year at the time Of
the election. A soldier does not lose his
domicil by following his business; though
absent for years, he is a legal voter at home,
and there alone can his vote be effective;
but the ballot may be cast at any place that
the legislature provides. And the same re-
marks apply to the provision as to the char
acter of the voters residence Gin the ceun-
ty, township or ward in which he resides. "
True, the constitutional provision is gen.
eral, that certain persons may ''vote at all
elections" and it is not stated in what man
ner elections shall be held, except that they
shall be by ballot They are spoken of as
something already understood by the pub
lie. Perhaps it is also true, that at the
adoption Of tho Constitution, voters in
England as we'll as this country, were gen
orally, # not always, required to vote where
they actually resided. But there as we'll
rs here the whole matter has always been
very much subject to legislative control
there as we'll as here repeated changes have