Weekly Trinity journal., 1863-05-23
NUMBER 10.

ATTORNEY GENERAL DICKINSON ON THE SOL
DERs' PRoXY NorE BIGL.-In answer to reso.
luton of inquiry of the Senate of the State of
New York, the following communication was re-
ceived by that body from D. S. Dickinson, At
torney General, relative to the bill allowing
soldiers OF that State, in the service of the Uni
ted States, to vote by proxy;
am advised informally that an early answer
is dcoired, and, being pressed with other official
! engagements, have not time for such eXaminG-
tlon MS the gravity of the subject merits. ana
must give the results Of such partial consdera-
! ton as Il have been enabled to bestow upon il.
1t is provided by Article |, subdivision |, that
no member of this State shall he distrancised,
or deprived of any of the rights or privileges
secured to any citizen thereof, unless by the law
OF the land, or the Judgment of his peers"
Article II, section l. provides " that every
male citizen OF the age Of twenty one years, who
shall have been II citizen for ten days, aud an in
habitant of the State one year next preceding
an election, and for the last -four months resi-
dent of the county where he may offer his vote,
shall be entitled To vote at snch election, iu the
election district of which he shall at the time be
resident, and not elsewhere for all officers that
now are or hereafter may be elective by the peo-
pie but such citizen shall have been for thirty
days next preceding the election resident of
the district from which the officer is to be chosen
for whom he offers his vote
Section OF the same article provides that
Tor the purpose OF voting, no person shall be
deemed to have gained or lost residence by
reason of his presence or absence, while employed
in the service OF the United States" etc.
These ure all the provisions relating to the
matter, and am not aware that they or similar
ones have ever received judicial consideration or
construction. The question is, therefore, mn
open one, and must be decided by the best lights
which can be drawn from the letter aud spirit of
the Constitution. We have seen that neither the
soldier nor the sailor loses his residence by alb
sencc in the service of the United States, and
this leaves but single question, and that is,
whether the actual presence OF the clecOr is re-
qured by the Constitution, or whether the Leg
islature may authorize the deposit of his vote
while he yet continues in service abroad.
That the proposed method may be inconvcn-
lent, cumbrous and liable to fraud aud abuse, IL
no answer to its validity for unless il is pro-
hbted by the Constitution, it may be authorized
by law. The elector " must offer his VOTE but
must he necessarily do so in person, aud with bis
own hand, or may the Legislature authorize him
to offer il in other modes? He need not offer it
with his own hand, for the sick and nirm and
paralyZed may votc aud so may the soldier or
sailor who has lost both hands aud arms IN the
service of his country and unless the Constltu-
tiOn requires his presence at the polls, the Lcgs-
oturc may dispense with it. The elector is
abroad, but he is still regarded by the Consttn-
tion as II resident of his election district and en-
tunt'u"rH ~ HciVe MS Cdmry, ne iHhsra, II he
u's'rnhCn'sed' at a time aud under circumstances
ci"IIr w"G1 "' 'n' privileges OF citizenship aud espc-
than ever unIesat the laws and Constitution he 10
de,cnulng secure ~ him his birthright. There IL
nothing in the Con'iulion indlcetin,, ,h'' ,, -
ner Of voting unless Gimpcalion and m there is
which prohibits the Legisl4n,o E,' Eueo W W 'nPi'rd'
such forms for depositing lkvotaso Prescribing
in its wisdom it may deem b&o'II G' eicclors as
that Senate Bill No 800, enth, therefore hold
secure the elective franchise t. An ACT to
voters of the Army and Navy oRe qn@lihed
New York" is not in conflict with Tx otatc'of
Iion, and consequently that no amerf&nStIlu.
that instrument is necessary to secure tKt OF
tive franchise to such voters while absentEc-
the State in the service OF the United States.N
The bill passed the New York Legislature, but
Gov. Seymour vetoed it.