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


one of the amendments made to the Con-
stitution in 1898, prior to which time only
State residence OF two years was re-
quired. An examination OF the debates
of the Convention which framed it, will
show, that it was intended to secure cleo
tions sgainst fraud, and to bear the con-
stlucnon now given, and which is required
10y its very language.
Il Persons having district residence
were allowed to vote beyond their districts
beyond the neighborhoeda where they
are known-and even as in eases under
this act of 1880 beyond the limits oil the
Commonwealth--th very frauds, irregu-
larities and confusion which the amend
ment waa intended to prevent, would como
into existence, to degrade the elections aud
afflict the people. But if the act of 1899
were held to be good law, the legislature
could authorize, not soldiers merely but
other citizens, to vote outside their proper
districts and at remote points, with all the
evil consequences just stated.
Untcnable, 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
1t points to an important doctrine or
principle of law which is next to be con-
sidered.
The citizens who compose the detach-
ments of militia aud corps of volunteers
mentioned in the act of 1889, do not lose
their claims to be considered residents OF
the State and of their respective election
districts, by entering into military service
for temporary periods, and under ths or
ders or at the instance of their State gov
ernment They are justly considered as
temporarily absent upon the public bust
ness, without such surrender or waiver Of
their cisizen-rights as would follow an
ordinary removal Of citizen into another
State or country. This most reasonable
and just doctrine is completely supported
by authority and stands sure.
Residence within the State or district
docs not require for its maintenance the
constant bodily presence therein Of the
individual who claims it. He resides there
if he have there his doo,icii, or (borrow
ing good word from Saxon instead OF
Latin original) his permanent place oi
a5oae.
If he 60 forth at the command Of his
State, to breast in It's behalf the shock oil
war, he does not loosen his grasp upon
his home, and when he returns to that
home, perhaps Scared and broken, he re-
sumes the exercise of his electoral rights
as if be had been always there coFporeally
present
This doctrine of home-voting resting
upon home-residence, is supported BY com
mon usage at our elections, aud by The
very decision of the Supreme Court now
under review. Hundreds or thousands oi
volunteers and militiamen have SO voted
in this state since the outbreak of the war
and thousands will so vote at the general
election now approaching But the clear
ness and certainty of this right tell with
decisive effect against The lawiulness OF
voting abroad, and must oblige An advo
cate Of the latter to maintain, thai an
elector can have two legal residences At
one time, or that he can vote at either OF
TWO different places Of election on the same
day.
1t remains to say, in this place, that the
Supreme Court has not decided that soldiers
cannot vote. but simply that all citizens
whether soldiers or civilians, must vote il
accordance with the Constitution of the
Commonwealth The opinion of the Court
which will be found in the 9TH volume o.
Wright's Reports, page 4o3, is most full
forcible, and satisfactory, and should be
read by any one who desires to form ar
intelligent and final opinion upon the sub,
ject to which t relates.
In consequence Oh Tue uecision ina
soldier-voting, outside Of proper districts
was unconstitutional, a Joint Resolution
proposing an amendment to the Constitu,
lion wa. brought forward at the last session
OF the Legislature, and was passed by al
unanimous vote in both Houses. Tha
proposition is as follows
s.There shall be an additional section tC
the third article OF the Constitution, to b.
designated as section four, as follows -
SECTION 4. Whenever any of the quail
fled electors of this Commonwealth shal
be in any actual military service under
requisition from the President of the Onliec
States or by the authority OF this Com
monweaIth, such electors may exercise th'