New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-13
TIE REGHT OF SOLDIERS TO
VOTE,

VOTE.
Theirs are few questions, not Immediately
connected with the prosecution of the war,
which have excited more general interest than
the controversy as to the right of soldiers, abb
cent at tho seat Of war, to vote in their re-
spectye States. In Pennsyly ania, Iowa, Mis-
souri,, Minnesota, Kansas Wisconsin, and
Connecticut, laws have been passed to give
them this right. The measure is popular, and
commends itself to every mans sense OF justice
None but the mennest of politicians would de-
sire to disqualify citizen from voting, be-
cause of bis absence in the field, in defense OF
his country.
The vital question is as to the constitution
atty of such laws aud it by 10 means follows
that such law being possible in Iowa, it is
therefore possible in New-Yoik. The question
at issue must be decided under the Constitu-
ton of each State, in accordance with the
established principles of Judicial Interpretation.
la Missouri, there is no room for controversy.
The soldiers Of that State have been author
ized 10 vote by an ordnance eli its Convention,
which is clothed with supreme power. and
whose acts are constitutions OF themselves. In
Pennsylvania, the Court of last resort, some
time ago, declared the law of that State per-
uniting absent soldiers to vote to be unconst-
tutUual, and 10 votes were taken under it this
year. In Minnesota and Kansas, no important
results have been affected by such votes. 10
the other States, the question is undergoing
legal investigation.
Ia Connecticut, law Of this kind was re-
Gently passed, and by request of the Leglsla-
ture, the highest Court OF that State assembled
md took the subject into deliberate considera-
tion The Constitution Of Connecticut directs
that the votes of electors shall be received in
town meetings, each electOr TO vote In his OWN
town. In consequence Of this provision, the
Court unanimously held the law to be uncon-
stitntional. This decision we believe to have
been honestly rendered by am impartial Court,
and though it will have serious effect upon
the political aspect of the State next Spring,
and may possibly result in throwing it into the
hands of the Secession party for year. we
would not cast a word Of censure upon Judges
who have. We are sure, only performed pain.
full duty.
Ia Iowa. we arc satisfied that the Courts
will reach a different conclusion. The only
provision OF the Constitution OF that State upon
the subject is Us follows:
Every white male citizen, &c. Of the age nc who shah
been resident OF State six mouths preceding
tic election, and Of tue county ia nch ne csn, ms soe
sixty days shall be entitled to ye,e." &c. &c.
Inasmuch as no one loses residence by
temporary absence from the State in the service
of the United States it seems clear that this
clause does not debar the Legislature from au-
thorizing soldiers to vote.
In the Constitution of New.York, the Ian
guage used on this subject IS somewhat differ
ent 1t is provided that citizen who has
been an inhabtant of the State one year,
and for the last four months a resident Of
the county where he may offer his vote, shall bo
entitled to vote at -uch election, in the election
district of which be shall at tho time be u
resident and not elsewhere" (COnst. of 1916.
art ,, sec. ~ But it is further expressly
declared (sec. y that no person shall be
Al
his absence i'll the service Of the United States.
Under this provision, it may well be doubted
whether person employed in the United
States service is not to be deemed construc-
lively present in his district for all purposes
connected with elections. If the affirmative
view should be taken, il would seem that the
Legislature nigh. receive the vote OF soldier
as constructiyeiy present in his own election
district. Especially would this seem feasible
if the law should provide for the addition of
the soldiers votes to that of each election
district separately, instead of counting their
votes in mass.
1t appears to us to be the duty of tho new
Legislature 20 test this question, and to alb
solve themselves from all responsibility for de-
uyiug TO the brave men who have gone to the
war the privilege of choosing their rulers.
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