The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-12-19

'EKLY HAWK-EYE.'
In view of this well settled rule, recog-
nized in the foregoing cases, we feel entire
| ~ satisfied as to our duty in the present
case. There is certainly substantial
doubt-it is certainly true that we cannot,
with conclusive satisfaction, place our I'm
ger upon the language Of the Constitution,
which is clearly and palpably violated-t5l
Mich: 25)-and though We might nor be
satisfied of its constitutionality,- if not
satisfied of its unconstitutionality ii is our
duty to uphold the law. And this view we
present, because the law, the power pos
sessed by the courts, the whole current of
adjudications, the framework of our
State government, render it eminently
just and sustainable, and with no DISPOSE
ton to shrink from the discharge of duty.
AS no court should fail, in proper case,
. to pronounce against the validity of law,
when necessary-neither should it by met
aphysical doubts and difficulties defy and
overrule the public will, by showing that
the power exercised by the Legislature
was or might be questionable.
The foregoing considerations dispose of
the body of the case. Other parts Of it, or
points made, are but arguments adduced
| to show the uncOnstitutionaity of the act,
the inexpedency Of such legislation, or
coroilaries from the preceding or main
proposition. The length of the opinion
tOrbids that We should examine them in
detail.
/ Briefly we remark, however, that with
the expediency of the law we have nothing
to do. 1t is sufficient that the Legislature
has declared this part Of the public policy
Of the State.
As to the thought that the Convention
framing the Constitution never contempla-
ted or dreamed of authorizing ballot
Ia. ,f.-.,
what has already been, and to the opinion
, in the Wisconsin case above cited. The
, argument is there placed in q clear, and 10
our minds, satisfactory form, and we could
not hope TO add to its conclusiVeness by
further elaboration.
But it is also urged that the law has an
a extra territorial operaGion-tbat the laws OF
State can only have operation within its
, limits, and that as this law provides for the
, organization OF election boards, the holding
! of an election, the administering OF oaths
a beyond the State, Or within the jurisdiction
;. of other tribunals, and for the punishment,
of Illegal voting and false swearing in such
elections it is necessarily invalid.
:; We are not aware that any OF the cases
= cited and relied upon by counsel intimate
g that q law of this character would be invalid
g for the reasons stated. On the contrary
4 I6Tne Of them at least, the Connecticut case,
q I3s we have already seen, expressly holds
= rnitteti to the Legislature, the reception o
votes out Of the StGte may be constitution
> allv authorized. Not only so, but the Law
, is Intended 70 act upon, and give rule to
!; the government of the citizens, residents o.
. subjects OF the State, though they may b
\ out of the State-upon g subject and III re
- lation TO 4 matter, which concerns and at
:. fec:s them rs such citizens or subjects-ant
which affects also the sovereignty OF thl
q State. and in no manner concerns any othe
"a jurisdiction. That persons violating III
% law cannot be punished until they come 0
v are brought, without violation OF the right
i of another sovereignty, within the terrific
=, rial jurisdiction OF this State, avails moth
20 ing, for as is well said by Bronson, j. i
.. Adams VS.. The People, Comstock us, TIN
:, is no more than happens when crlmina
" escapes after having committed Grim
N within the State. Jurisdiction, OF the O.
- Tense or matter is very different thing
!, And upon this subject, see also Tyler W
n The People. Mich. 1875 ID. 500 DEM
10 100
j. But suppose no penalty was provided &c
r. false swearing or illegal TOting-Or III:
at those. if any. guilty in these respects car
a not be punished, does it therefore folio
e. that d a proceeding Of this character, "
it. would be justified in declaring the entil
O, act void? 1.-THE Legislature in the gener
hit election law, sh' u 4 fail to provide pena
is ty for illegal voting, would the result
OF that the act should have no operation, an
Is, that all the votes east would be illegal?
~ seems to us most clearly not. Then, again
&c in what does such legislation differ trol
IS. those Acts found in all the states, autho
q ling the appointment OF commlsslone
C. abroad 10 take dispositions, acknowleds
ny deeds, and the like; as also the taking
- depositiOns in OtherStateS to be used IN OF
he courts? Can those swearing falsely in sue
rs cases, be punished in this State? III not.
of the testimony therefore TO be rejected!
Ter This has never been the holding OF al
If, court to our knowledge.
nd Looking therefore, in conclusion, to DO,
nv the letter and spirit of the consttutlon-on
by anxious to-view the question as one OF leg
ga or constitutional Notwithstanding all inc
he of expediency-all Considerations touchlr
in the Justice of the law--as anxious as ar
,ly other tribunal, that "a free and honest 81
{ a frage'' shall alone be provided for and st'
ht. tanned keeping in view the great prime
ct ples and even lesser rules governing o
lst action. we feel constrained to say
TX fidelity to the oath we have sworn III
in this law can be and should be upheio.
son The first case is reversed. The o1her "
her are affirmed.
the The KENTUCKY NEMEs1s.--Afhictio
ant are apt to come double, and to br!ng LOT
md large families. Just as the LOUISVILLE Joa
Cd nal had rested from the vehement thou'
,ha INADEQUATE expression of feelings eXclt
,an nv a Washing ton statement in an caste
aw paper. that "the most decided anti-slave
CO. men now in Washington are to be lou
ING among the newly elected representa-!
on from the Border Slave States, lncluoi
va. in this dark list Messrs. Anderson a
n CLAW Smith, of Kentucky; aggravated
md the further Geographic announcement Il
in Henderson and Smith went into the CT
hat Gus of the Radicals at Washington
aar after the Journal had written, "the dev
on, opment is sickening," and had add duly ST. 81.
THIS ened: when it had declared, "but we M
10 no tears to shed, ''its grief being too ard
ion liquidation; and after it prophetioally P
and nounced the moral retribution, the a
l iitionists are welcome to new converts
ent. this description, -, with an assurance
and they would ultimately turn ana sung ),
are. Abolition bosom whose nourishment u
a1 now sought; and had, in the spirit Of b
" we ediction, alphabetically and classicaliyy
most claimed, 1.-The apostates who sweli