The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1863-09-09


outside the State, to which militia and vol
unteers were to be sent.
Having now shown the terms and ex-
tent of the law regulating suffrage by per-
sons in military service, we may proceed
to examine the question Of its validity
For that has been assailed and judgment
has gone against it IN the highest court Of
the commonwealth. The statute IS pro
nounced by that eouEi be no law and
void, because it conuadiets the FIRST see-
ton of the third article Of the Constia ton
Of Pennsylvania. That section read -
'In elections BY the citizens every
white freeman of the age OF twenty one
! years, haV11sg reSited IN this state one
year, a1ect az The election diStrecf scjteye he
e6irsto cote Ten days ammezlatety pysced-
a"g such Election, aud within two years
paid st ate or county tax which shall
have been assessed at least ten days be-
fore the election, shall enjoy the rights oil
an elector, &c.
This Is the fundamental law which ex
cludes all other law inconsistent herewith
The man who falls within this exact de-
scription of an elector, has a complete
right to vote Of which no Legislature can
deprive him, and upon the man who is do
fcient in any one particular here mention
ed, no Legislature can confer the right.
1t is not in the power of Judge, or Gov
ernor. or Legislator, to change one hairs
breadth the electoral requirements here
reeited, and they are each boand by
solemn oath to support the Constitution
which contains them.
Let the words relating to residence in
an election district be taken according TO
their plain meaning, and as they must
have been understood by the people when
adopted by them as part of the Con.titu
tuition, and what do they import Clear
ly, in any given case, these three things ::
lst, the eristence Of an election distract j;
2ud, residence therein Jor zen days, and
3rd, ar efer 10 Uote dtere. But the act of
1889 utterly dis-egards all these condi-
tons upon which suffrage is made to de-
pend, and attempts to authorize elections
without them Ii establishes no election
districts it adopts for its purposes none
alre ady formed; and it neither requires
nor contemplates any fixed residence, or
any offer to vote, within a district The
word district includes the ideas OF territory
and boundary, and the term election d's-
tract, as used and perfectly familiar in this
State, means limited portion OF territory
within which the right of suffrage may be
exercised by qualified residents. thereof,
and 10 which, as to thom, that right lis re-
strained.
The act of 1889 like that of 1915, au-
thorizes 4" the commanding officer Of the
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 or established. FIX
ing places of elecdon-selecting the precise
spots withiE 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-requirement of a fxe'l 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 electors" so says the
Constitution. "Being in actual military
service on the day of election, he shall
enjoy the right of suffrage, &C." sa.rs the
statute. No previous residence Whatever
is required at the place "where he offers
10 vote"-at the place "appointed by the
commanding officer of the troop or COM
panyr-even if such place could, by some
strange use of language, be called can
election district He may see this place
and the region about it, for the first time,
on the very day or the very hour wien be
votes, and may leave it forever moment
after his vote is given.
But it may be said (and 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 fulfls 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 words of the Constitution itself -
''rssidedr-'.tsn days'-''IN tie election
district WHERE he OFFERS TO VOTE p
Indisputabiy, by these words the place
where a citizen may vote is eonstitutonally