New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-05-06
apEECKz OF BIB. n. *. HAFENs VN
SOLDIERS VOTING.
DELIVERED IN TIE ASSEMBLY.


res,cn be deprived Of one Of bis dearest rgoIs .ne
..e-,iss OF the elective franchise, unless there
Constitutional barrier 10 its enjoyment IN su0u 0a'e
Tbs words Of the Constitution whlcu reiei " '.''
subject, and to which construction muf. 10
given, are embraced in Article oeeonu' anu arc
n .olows. "Eyery male citizen OF the age OF
g. wears, who shall have Desn q cltzen ioi YOU
6ey,. and an inbabtaut Of this State one year next
n,scso no an election, shall be entitled to vote at
y ~ al.e.on in tie election district VI winch be
80, et 81 time be resident" IL being provided in
tb M \ section Of the article that no residence
sbs IL ost by absence in the service OF the United
St., ne question is narrowed down TO one touch
inc the ersoua attendance OF the voter at the polls
OF the election where he is entitled TO vote.
Mr. LUeHEs of Kings democrat -Do You con.
tend, if YOU were with the army and you should
send your vote 10 another person TO depoSit 1t would
Mr.. HAyEss-I will answer the gentleman i'll the
eour,e Of my remarks. Now, Mr. Chairman, 10 de-
sermiue the question whether the personal attend
spce Of the voter Vt the polls where be is entitled 10
VOTE II is proper first to examine the nature ot lIe
act Of voting as provided i'll the Constitution Weo
nd other photographers define the mesning OF 70
vote 10 be TO elect by some expression Of the Will
Although from the long Observance OF the pro
visoas Of law, requiring the personal s,enuaAce "
the voter ct the poi where be shall oner 70 Vote the
idea that such personal attendance 10 absolutely
necessary to tie act Of voting, has generally OBJ
tanned; vet, there is nothing IN the meaning ana
spirit Of the acs rendering snch PersCnai attendance
indispensable. Ii will hardly be claimed think
that voter cannot electby some expression OF the
will that he cannot make choice and decide for
whom his suffrage shah he cast without beng per.
sonally present ~ s'~n particuiarp!aee Indeed as
the atstate nov eieclOr makes no choice
verballv but II chOice in writing, or by o
folded printed b. Ut, cntents of which, when de
posted are not ku 1auY ole but himself; 20 that
the only reason or Of personal attendance is,
simply 10 insure certainty in the delivery
Of the ballot to the Isle ors. Now, If by legisla-
ton we can secure the necessary degree OF safety
and certainty in the trantpission and delivery Of
the absent soldiers ballot the necessity for
his personal attendance is removed and we are left
for determination of the question before Us upon
she construction OF the Constitutional provision
alone. The bill under confederation, in my judg-
ment, provides ample safeguards against fraud or
mistake in the transmission and delivery Of the bal
lot to the proper board. The registry Of the
voters name in his election district-the ackuowl-
edgement and certificate of the same taken before
the proper officer, the full aidavs necessary to be
made by the voter aud tho person delegated 10 de-
liver the vote to the Inspector, leave door open
for illegal voting, and apprehend that it would be
even more difficult 10 evade the law and cast an
illegal vote, uader the provisions VI the act than
under the provisions OF our present statute. We
come therefore, 70 the constitutional provisions utOn
which the question hangs Now, MIR. Chairman,
the Constitution does not IN TERMS require the voter
10 be personally pIesent before the Board of In
spectors when he votes; and by all well-settled
rules of construction, We have no right to hold that
1t requires such personal attendance by necessary
implication, unless such construction becomes
necessary TO carry out its plain meaning and intent
Then lot us inquire more particularly as to the real
meaning aud intent OF the words shall be entitled
TO vote IL the election district where be shall at the
time be o residenI"-and In pursuing that inquiry
will reply TO the question of the gentleman from
Kings (Mr. Hughesl. Now, MIR. Chairman in case
an absent soldier should forward his vote under
tue provisions OF this act, and the vote
deposited in the balO. box in due form,
ct what place, AK, will il be said that The soldier
voted Was it q another State where he prepared
and mailed the ballot No reasonable man could
for moment claim this. The act OF voting is not
complete--the vote Is not castthe soldier has not
voted until his ballot has passed through ali the
forms VI law, and been deposited in the ballot-box,
where it can be canvassed ia favor OF the candidates
named in The ballot. Until then be has not, in the
language Of Webster, " elected by some expression
Of the will" Now, is it not proposition plain
kr cavl doubt, that be, In such case, through
,he forms Of law which this act provides votes In
the election distinct where he resides The
n Constitution does not assume to direct 10 TO the
manner and form in which an election shall be held
except that it shall be by ballot leaving all other
matters necessary to enable she citizens Of the State
to enjoy the elective franchise 10 be- provided by
law 1t leaves 1t for the Legislature 10 facilitate,
the election Of board to receive and deposit the
beflot-to provide the forms Of law under which the
ballot shall be received and deposted-and In the
exercise Of this power hold that the Legislature 90
the supreme power Of the State is Unlimited
BY the Constitution, except in the one psrtic-
ulaf that the elections shall be by ballot.
BiDce IL Is the Legislature and not the Consti,u.
zion which now provides the manner and form
ofvotng, through whose hands the ballot shall pass
before IL Is deposited III the ball0i-box, and If The
Legislature have power to do this without the aid OF
constitutional provision, and have power to make
it necessary 10 the legality Of any that it should
,hus pass through the hands Of second person, will
any good lawyer claim that the supreme power
csnnot under the proper safeguards OF osthr, pains
and penalties provide that the ballot may pass
through the hands Of third fourth person US well
a. second and determine by law also whether il
should DO necessary for the voters to be personally
prescott when bus ballot Is finally deposited Sup |
pose we should 80 alter the present existing |
laws regulating our elections as to provide thai
q sworn officer or officers should call ar the
residsnco Of each voter 10 the election
district and receive hIs ballot, and take from him an
affidavit covering all grounds of challenge, and &C.
liver such ballot and affidavit TO tie Board OF In
spsciors, 10 be deposited Sc now provided-would
il 6e claimed that such proceedings would be ia VIC.
lstion OF the Constitution cannot but think, Sir.
Chairman, that we have full power In the premises
10 regulate ths whole matter BY statute law, taking
care simply that the elections shall be by ballot, and
that the eiector shall Be protected from fraud
take in the exercise Of his night. Indeed regard
Tbs very words Of the Constitution In the Alb section
Of article Us scep,ly broad to sustain This propo-
stion sfrnaiively. The bang Of section Is as
follows; Laws shall be made Tor ascertaning, by /
proper proofs the citizens who shau be entitled 70
ihs right Of suffrage hereby established" Let rs
chen provide BY Law the proper proofs under winch
The absent soldier, who rs snll citizen and res-
dent. shall DO snttlsd TO ths night Of Suffrage. Mr.
Chairman. my anxiety upon ,his important question
brought NE from SICK room 80 participate in this
discussion. regret thai Ill health dots nor slIov
me- N do better Justice 10 the snb;ec, -: - 1Ne"