Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-07-07

New Haven colony under the charter OF
Charles, there has never been an election
by he people, of representatives or state
officers, in any other manner or place.
The convention adopted this feature, as
thew did in the main the other institu-
tons of the State, changing its name to
meeting "
This language is, in q good measure, |
applicable 10 this State also, A large |
proportion Of the leading men in the ear
iy settlement of this State were from the
State of Connecticut, and the public in
stitutions, and forms of Government,
were mainly fashioned upon those OF
that State. So far was this carried,
that in our early legislation 1t was com
mon for the Legislature TO enact that
certain offences should be punished "as
proyided in the Connecticut law book
In the early settlements in the State, the
first form Of governmental authority
was the tolcn meeting, and almost the FIRST
form of an official was the to,cH constable.
Until the formation of constitution,
and a State government under 1t, all
governmental power was in the town,
or by delegates from the towns, ana
" committees of safety" chosen by such
delegates,
In our opinion there is no reasonable
ground of doubt, that when the consti-
tuition requires the votes for Governor
to be brought in to the constable" it
means the constable OF the town, the
presiding officer in freeman's meeting.
1t has been suggested that the office of
constable is one not created, or required
bv the constitution; that it would be
perfectly competent for the Legislature
to abolish the office, and provide that
some other officer should preside in free
mans meetings, as they have already, in
the case of the absence or inability OF
the constable.
But, granting all this to be true, it
proves nothing, provided the constitu'
ton, in the use of the word constable,
meant that the constable of the town,
whose official authority was, of course,
by law limited to the town, and who
could not legally act officially, either in
receiving votes, or otherwise, beyond its
| limits.
For, although the Legislature might
| have power to provide some other officer
| to preside in the meeting, it would still re-
main equally clear that the constitution
| intended the voting TO be in the town,
or .treemaa's meeting.
The whole tenor and spirit OF the
provisions of the constitution, as it
seems to us, point in this direction. The
| votes for Governor are required to be
| given on the same day representatives
are chosen, the meetings for the choice
| of which must be within the several
towns. If meetings could be held at
| other places, without any town in the
State, why the requirement that ii
should be on the same day The Ian.
| guage used" shall bring in their votes
is significant also. Following the
previous direction for choosing repre-,
| sentatives, it evidently means the same
| meeting, on the same occasion.
The further provision that the con-
stable shall seal up the votes, and de-
liver them to the representative chosen
to the General Assembly, is in unison
with the same idea that the choice OF
representative, the voting for State of
ficers, the sealing up and delivery of the
| votes by the constable to the representa-
| tive, are all to be simultaneous and con.
current acts, performed upon one and
| the same occasion.
We have heard it suggested, that
though this may be the true meaning
of the language of the constitution
still that there is no prohibition against
voting elsewhere, and that therefore a
! law authorizing votes at other places
| and without the State, is not violation
of the constitution.
Upon this point we cannot better eX.
press our own ideas, than to quote the
| language of the Supreme Court of Iowa
in q recent case upon this same general
| subject. In either event, the constitu,
! ton is to be taken as clear and full
mandate, and the Legislature cannot
change, extend. or control, its meaning
Thus, if the constitution declares that q
! thing shall be done in particular man,
ner or way, it is implied necessarily
! that it shall not be done in any other
To illustrate-If it declares that the
votes of the electors shall be cast at a
particular place, it is not necessary to
| prohibit by express words their being
| cast at any other. But if there is nc
| such express declaration. and none fair
ly to be implied, it is within the power
Of the Legislature to fix the place"
The Legislatures ofseveral States have
passed, or proposed to pass, laws similar
to the one under consideration, several
of which have received a judicial exam.
nation, and it is proper that they be
here referred to, although none of them
are precisely in point, owing to the diff
ference in State constitutions, yet the
principles upon which the decisions have
proceeded, may aid in solving the ques.
ton under our own. The first case arose
in Pennsylvania, and being a case oil
contested election, came before the
court in the regular course of judicial
| proceeding, and was fully argued by
| learned counsel.
| The provision of the Pennsylvania
constitution, upon which the validity
of their law was to be decided, was in
the following words:
"In elections by the citizens, every
| white freeman, of the age of twenty one
years, having resided in the State one
! year. and tn the election district ,ohee he Of