Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-07-12


b law II it IS constitutional, in this opinion "
T. shoulI doubtless fully concur,
q We DO not regard taae iocisions ia the sey
afa States as having ans very direct bearing
, upon the question before Us, EXCEPT tnc decision
IN Connecticut. That one ia quite analogous
ls the provisions OF the Connecticut constitution
are q nearly like our own, and are not NOR,
restrictive Of the power OF the Legislature that
those OF our own State.
! Looking TO the language Of our constitution
the state Of things existing at tic time Of IL,
formation, the early legislation under il, The
Uniform legislation and usage Of the State since
and the various discussions and decisions il Other
states, we are clearly satisfied that by the iail
construction Of our constitution, the right oI
voting for Governor, and other State officers
can unly DC exercised within the State, Ia the
D. freeman 5 meetings." to be held 6ithin the
towne on the first Tuesday OF September in each
year.
We appreciate fully the noble patriotism OF
our citizens who have voluntarily gone forth t.
peril their lives in the defence oil the yonstltu-
tiOn and government, and would be the last u
deprive them OF the exercise Of any civil right,
outas was well said by the Penney vana court,
While such mon hght for the constitution
they do not expect Judges /, zap and mine it by
Judicial construction.
Ine power oi tle Legislature to authorize
votes TO be cast wit out the state for representa-.
lives in Congress, and electors Oi President and
Wee President, depends upon entirely different
considerations.
/ u cannot lie claimed " be contrary to any
| provisions oil the constitution OF thIs State, for
the constitution Is enareiy slent upon the sub
Ject, and the constitution OF this State With
SUBSTANTIALLY the same provisions as to voting
as now contained, was established several years
prior 20 the admission OF HE State into the
Federal Union. The law to this extent must
{ therefore BE- regarded as valid, unless il con-
trayenet me express, or implied, p,ovsion Of
the constitution Of the United States, Or some
law Of Congress on the subject coming wnhin
the control given them by the constituti n
Sec. ol Art | vi tue United Stat constitution
proyides-'' The house Of representatives shall
be composed OF members chosen every second
year by the people OF the several States, and the
electors in each State shall have the qualifca-
tons requisite for electors Of the most numerous
b.anch OF the State Legislature,
Sec. I, OF Art. /, 10 as follows :--' The times,
places, and manter OF holding elections for sen
ators and representatives, shall b3 prescribed 10
each State by the Legislature thefe.l, but the
Congress may at any lime, by law, make or
alter such regulations except as to the place OF
choosing senatoTs
These are the oay clauses Of the constitution
bearing upon the election Of representatives In
Congress. Ii cannot be claimed that anything
is established by these as 10 lime or place oil
voting. Tne whole subject is entrusted to the
State Legislature, subject to the control of
Congress. As we nave alread y seen, il the con
stltuuon does not prescribe the time, and place,
itrest wholly in the discretion Of the Legislature
to establish them by law
We are not aware Of any &C! Of Congress upon
the subject of electlng members OF Congress,
except To require that they should be chosen by
districts.
Sec. l, Of Art. 2, provides for the choice OF
electors, and is as follows -
Each State shall appoint IN such manner az
the Legislature thereof IN y direct, a number of
electors equal 10 the whole number Of senator's
and representatives to which the State may be
eHtled in the Congress, but no senator, or
repre- entatiye, OF person holding an office of
tiust or pr .ft under the United States shall be
appointed an elector. The Congress may de.
the day on which they shall give their votes, |
which day shall be the same throughout the |
Unised States Under this prov sion, the ap-
pointment OF elec o has been arlously provid
Tor by the State Legislatures. In some States
the Legislature have directly chosen the electors
themselves This mode Of election was followed |
in tins State as we now recollect down to 1894. |
In other States they have been chosen by general |
ticket throughout the whole State, and in others
the Legislature have divided the State into |
election districts. for the choice OF electors. All
these various modes of election have been re.
garded as fairly within the power OF the Legis
latures. The only power given Congress, is that
OF fixing the time Of the election This power
they have exercised.
Ia 1892, Congress passed an act, requiring
the choice of electors IN each State to b. made
within thlrty-four days preceding the hrst
Wedn sday in December aud the electors them.
selves to meet, ana cast their votes on that day.
In 1916 an act was passed by Congress, re-
quirng The choice al electors to DO made in all
Che States on the Tuesday next following the
first Monday in November OF the year designated
Tor Il presidential election, with power 10 the
State Legislatures to provide for filling any
vacancy that may occur. Under this, our
Legislature havj provided that, in care OF
vacancy at the meeting OF the electors may fill
It, Upon the principles already alluded to,
there would seem to be no ground to question
the power ol The Legislature to authorize voting
for electors, as they have done by this bill
Voting tor representatives to Congress, and for
electors, as never been understood by our
Legislature rs effected 10y the provisions II our
|, has frequently happened that
congressional elections, and presidential elections
have occurred while our Legislature has been
ia session, and 1t has been Common for the
legislature to provide by special act, to allow
uembets OF the Legislature, and others in
attendance ON the Legislature, voters IN such
district, 10 vote at Montpelier, though not with
~ the congressional DISTRICT and alsO to vote for
electors. The propriety u such action we have
never heard questioned
In the various cases that have arisen IN other
STATES We do not find thlt the question Of the
validity OF such laws, as applied 90 voting for
electors, and representatives. IN Congress has
een discussed "a, all , whether because it has
been regarded, as We regard It, free OF doubt
lndor the constitution Vi the United States, or
that there has yet been no occasion for such
discussion, we 60 not know.
IL Is proper that we should notice clerical
error IN the third teollOn OF the act submitted
10 u.s. Toe day OF the election of electors is
,eslgnated as the first Tuesday OF November.
The first Tuesday after the first Monday 10
November, is the day fixed by the act OF Congress,
which will be the second tuesday OF next No
sembet. We notice this that It may be cor
rected in time
The examination OF the subject has been at
tended with great embarrassment, as we have
not had the advantage Of argument by counsel,
10 present either side OF the question and the