Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-09-05

held under ib, act, except in companies
or troops under complete state organiza-
ton, with citizen officers. The command
ing officer of the troop or company is to
fix the place Of election, and the officers
are to hold it, to be sworn, and to make
returns. Only citizens Of the State, or
persons owing allegiance to her laws, can
be directed by her to perform such duties.
Ground has already been shown for hold
ing that citizens of this State who volun-
tcer into companies raised by other States,
or directly into the service of the United
States, independent of State organization,
cannot vote For the same reason of ex-
clusion applies TO them that applies to
United States conscripts, to wit that they
arc not included in the terms of the act of
1889. But beyond this, where the off,
GERS of any troop or company, the men,
bero Of which are qualified to vote, shall
neglect or refuse to appoint, to hold, or to
make return, Of an election, the whole pro-
ceeding must fail and where such officers
are not citizens of this State (Which may
be often the case) they cannot be punished
There can be no pretence of power on be-
half of our State to extend her laws civil
or criminal over persons beyond her Dor.
ders in United States service, and who
owe her none of the duties Of citizenship.
assume that the act was intended to
have operation and authorize voting as
well beyond as within, the State limits.
Notwithstanding respectable professional
opinion to the contrary, this conclusion
may be drawn from the following points,
LIST. that all the election returns are to be
made through the United States mails
which can convey them from remote points.
2nd. That military service rendered the
United States by our citizens, will usually
be service beyond the State boundary.
3rd. The practice under the act in ls47
during the Mexican war, and 1861. 9TH.
The inequality of allowing some qualified
soldiers to vote and excluding others; the
enjoyment of the right depending upon the
circumstance Of place at the time of the
election over which the voter, being sub
jcct to military orders, can exercise no
control. Lastly, may be considered, the
situation of the State and country when the
act Of 20 March 1913 was passed. In the
spring Of that year the invasion of Cana
da was intended. Strong efforts were
to be made to obtain control of the lakes
and of the country beyond them; to re-
trieve the Hull disaster to chastise the
savages, and to secure ourselves against
insult and danger along the entire border.
Pennsylvania soldiers were then in the
army of Gen. Harrison in Northern Ohio
and at other places beyond the State lines,
and the military operations in which they
were to participate, were also to be con.
Quoted beyond them. Under these circum-
stances this act TO authorize soldier. voting
was passed. 1t was probably intended to
encourage enlistments and volunteering,
and to operate extra.territorially, at places
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 court to be no law and
void, because it contradicts the first Sec
ton of the third article of the Constitution
of Pennsylvania. That section reads -
"In elections by the citizens every
white freeman of the age of twenty one
years, having resmed IN this state ono
year, and IN the election district Where he
offers TO Uote ten days Immediately p,eced.
ing such election, and 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 o.
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 complete
right to vote of which no Legislature car
deprive him, and upon the man who is de
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
recited, and they are each bound by
solemn oath to support the Constitution
| which contains them.