Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-09-05


troop or company" to appoint the place of
election, but this has nothing TO do with
the formation of districts, and none are,
in fact, to be formed of established. FIX
ing places Of election--sclccting the precise
spots within districts where voting is to
take place-is quite different thing from
establishing districts, and If it were not,
the legislature could not delegate its pow
ers for such purposes to military officer.
But the non-requircment of fixed res.
idenee OF the voter at the place of voting,
for the purpose Of suffrage under this law,
quite as clearly condemns it. "Having
resided \ ten days Immediately pre-
ceding such election, &c., he shall enjoy
the rights of an elector;" SO says the
Constitution. "Being in actual military
service on the day of election, he shall
enjoy the right of suffrage, &C." says the
statute. No previous residence whatever
is required at the place "where he offers
to vote"-at the place "appointed by the
commanding officer of the troop or COM
pany"-even if such place could, by some
strange use of language, be called Gan
election district" He may see this place
and the region about it, for the first time,
on the very day or the very hour when he
votes, and may leave it forever moment
after his vote is given.
But it may be said land nothing else can
be said), that he votes by virtue of his
continued residence in his proper election
district at home; that such constructive
home residence fulils the requirement Of
the Constitution, and enables him to vote
at the "place" where he may happen to be.
But this argument is utterly shattered and
destroyed by citing against it the strong,
clear word, Of the Constitution itself -
"resided'-s.fen dayS"-"IN tie election
district WHERE HE OFFERS TO VOTE -
Indisputably, by these words the place
where citizen may vote is constitutonally
declared to be within the very election dis
trict of his residence, or, as said by the
Supreme Court-'construing the words
according to their plain and literal import
they mean, undoubtedly, that the
citizen, possessing the other requisite quail.
ifcations, is to have ten days residence
in an election district, and is to offer hi.
ballot in that district"
This provision relating to the district
residence of voters was not in existence
when the act of 1913 was passed. 1t was
one of the amendments made to the Con-
stitution in 1888, prior to which time onl y
State residence Of two years was re.
quired. An examin alton of the debates
OF the Convention which framed it, will
show, that it was intended to secure elec-
tions against fraud, and to bear the con-
struction now given, and which is required
by its very language.
If persons having q district residence
were allowed to vote hey yond their districts
beyond the neighborhoods where they
are known and even Gas in cases under
this act Of 1880 beyond the limits of the
Commonwealth-the very frauds, irregu.
larities and confusion which tho amend
ment was intended to prevent, would como
into existence, to degrade the elections and
afflict the people. But if the act of 1885
we're held to be good law, the Legislature
could authorize, not soldiers merely bu
other citizens, to vote outside their proper
districts and at remote points, with all tb'
evil consequences just stated.
Untenabl g, however, as is this position
that home-residence may be made TO sup
port voting abroad-condemned as it may
be by the fundamental law and by reason
it points to an important doctrine o.
principle of law which is next to be con
sidered.
The citizens who compose the detach
ments of militia and corps of volunteer
mentioned in the act of 1889, do not los,
their claims to be considered residents o
the State and of their respective election
districts, by entering into military service
for temporary periods, and under the or
ders or al the instance Of their State gov
ernment. They are justly considered a
temporarily absent upon the public busi
ness, without such surrender or waiver o
their citizen-rights as would follow al
ordinary removal Of citizen into anothe
State or country. This mos. reasonabl
and just doctrine is completely supported
by authority and stands sure.
Residence within the State or distric
does not require for its maintenance tn