The Smoky Hill and Republican union. [volume] (Junction City, Kan.) 1861-1864, 1863-11-28
Can Kansas Volunteers Vote Under Our Praseut
state Constitutienl


lCorespondenee Of the Leav. Conservative.
JUxcrlox CI.r, KASsAs, Nov. q, 1868. s
As there appears to be strong DISPOSE
ton to have the incoming Legislature un-
dertake, as all that have preceded it have
undertaken, to " "amend the Constitution" !"
for the benefit of our Kansas volunteers,
and as believe that such an attempt, if
successful will entail upon the State large
expense, and will result, practically, 10 de-
priving our volunteers Of the right to vote,
until after the next Presidential election
an election the most monentous ever to be
held in this country-and as believe such
an amendment entirely unnecessary, am
iaclined to invite the attention of Legisla-
tors and the public to the consideration of
the question pfopounded in the above cap
tion-that is, Can Kansas Volunteers Vote
under our present State Constitution? 1.
/ think they can and confess to some
surprise that any one should ever have
doubted the fact; yet it is doubted, and
the journals of our last two Legislatures
will show the failure of two attempts to
amend the Constitution so as to remove the
supposed barrier; and civilians and soldiers
seem alike to demand that the amendment
shall this winter be put through, and our
brave and patriotic citizens now in the field,
perilling their lives in defense of the State
and of the nation, shall no longer be de-
prived of that most inestimable boon of
freemen, the right to participate in making
the laws by which they are governed and
chosing their own rulers. Let US see if any
amendment is necessary.
The provision in our State Constitution
which is supposed to justify the wrong
which has been done our gallant volunteers
during the past two years, is found in Art.
5, Sec. 2, and is as follows:
Sec. 2. No soldier, seaman or marine, in the
army or nary Of the United States, or of their
allies, shall be deemed to have acquired O res
ldence In the State in consequence of being
stationed within the same; nor shall any SOL
dier, seamen or marine have the right to vote.
There, now, does not that exclude our
volunteers from voting? answer, no.
Why not? Simply because they belong to
neither of the excluded classes neither to
the amy or navy Of the United States.
No one would have doubted this if the
simple word regular had been inserted be-
fore army in the second line. and the
word such before soldier" in the last
clause. And yet the word Irregular is only
popular adjective, which is never used in
connection with the army by the Govern
ment, or the heads of the Departments.
The army and navy of the United States
have as distinct legal existence as the
Treasury of the United States. or the In.
terror Department. They are the right arm
by which the Government maintains itself
IN ordinary times, and are meyer mixed up
or confounded with any irregular forces
which Government may summon to its aid
IN extraordinary emergencies. This want
OF perspicuity, however, on the part of the
constitutional convention, (if indeed there
be such want) ought not, and must not, be
taken advantage of to extend the exclusion
to large class of our best men, who, it is
obvious, the convention never intended to
exclude. But, are not our volunteers sol. |
dlers! If you mean in the general or
generic sense of the term, I answer, yes
and brave and gallant soldiers, too: as
Gen. Scott, or Gen. Rosecrans, or Gen.
Blunt are soldiers; but, if you mean in
the legal sense of the term, l answer, no
nowhere, either in the acts of Congress, or
the orders of the Government, are either
the Generals named, or our Kansas volun-
teers, or any volunteers, designated as
'' soldiers )" yet no man doubts the soldier
" qualities or christian virtues of either.
But. do not our volunteers constitute part
Of the +" army" of the United States? If Il
you mean by that the army raised by the
General Government, for the maintenance
of police regulations, and over which that :
Government has exclusive jurisdiction aud
control, answer, no most emphatically.
They may cooperate with that army"
lnder the same commander. as they do, and G
hey may stand upon en- equal footing with .
t as to rank, rations, pay, &C., yet they |
no part of it. and the two are as q
distinct as it is possible for two bodies to 4
'e. This will be patent to any one will /
effect for moment on the subject. The Ii
'rmy of the United States is organized b
lirectIy by the General Government the {
'thcers of that army are educated at West G
'olnt; they are appointed by the President )
md Senate and commissioned by the Presi- G
lent; the rank and file are enlisted for f
!ehnite term of years, have no choice in
be selection of their officers, and no right c
discharge until they serve out the term !,
t their enlistment; both officers and pri. o
ates are professional soldiers. Not so our n
olunteers; they are organized by our D
tate authorities; they select their own 8;
hcers, who are commissioned BY their 8,
Governor; they have right to discharge cl