The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1864-02-19

essential to the exercise Of the elective fran
chse. Nor is such usage and understand
ing without support. 1t has its foundation
in and is sanction by the Common law
The authorities all concur in stating that
at Common law, every vote must be per
sonally given. Hence, although there il
no expressed limitation on Legislativ,
power in this respect, yet, the inherent ma
tnrs of the right of suffrage, the usage art
general understanding Of tte country ant
the rules of the Common law, all concur il
denying to the Legislature the power tc
dispense with the personal presence of the
slector, at the polls, at the time he votes.
The privilege Of an elsctor is an incident
of citizenship. 1t is by means of the cleo
tive franchise that the people exercise the
functions of sovereignty, and is, therefore,
the right of the citizen only. Again, the
Constitution has not, by express word, re.
strictel the power of the Legislature as to
the number of times which an elector may
vote; yet the restriction is implied from the
very nature Of tho elective franchise, and
if law was passed allowing electors TO
vote more than once at the same election,
although not in conflict with any specific
restrictions on Legislative power, it would
certainly be declared void. SO that the
claim made, that the Legislature is omni
potent and may do any thing, unless for
hidden by express WORDS IN the Constitu-
ton, cannot be sustained upon principle,
and is opposed by many well considered
decisions of higher Courts of the country.
By making residence in county, town
ship or ward qualification of an elector,
the right of the elective franchise is made
incident to the place, and inseparable from
it. His residence is the locality of his
home-lhe place where he exercises his
civil and political rights-his fixed place of
abode. 1t is the residence IN the place
which gives the right When, therefore, a
residence in particular place is made an
essential qualification Of an e|ectcr, the
place where the franchise may be exercised
is definitely fixed and settled. The Leg
islature cannot authorize the elector to vote
in any Other county or township than tha,
of his residence, fer the reason that the
Constitution has made his residence in II
particular place an essential qualification to
his right to vote, and it is not within the
competency Of Legislative power to change
it,
The right to exercise the elective fran
chise is not migratory. The elector doe
not carry it about with him; he must vote
at his place of residence, or not at all. ]
am aware that man does not lose his res
dence by temporary absence; but it does
not follow that he carries his residence, OF
bis civil rights inseparaIle from it, witt
him wherever he may 60. His rights made
incident to the place OF bis residence re
main with it when he leaves, to be exer'
cised onl J upon his return.
But what is the plain, common sense
meaning of the language used IN the sec
ton of the Constitution referred to: "A
resident OF the State one year next prece
a'ng lhe eiee'.o"' ana 1i 'ne ooo"'.' 'oMH' ,:
II
'S nihy oe Fro,.''' ~ 'A"' '',",' A"'" wy
lnal'llcal'op' VI "n o'e''o'' "l,' 10 el'.'eu
10 'ote az an e'oI''o'e' oe''"'','y NV az
III tn' o'e0''o"' ne',' ~ 'uo 'o'e'"' 0ou"''9''
o"nsi''Ps alla "aroS III 'iie o|sle, auu why
'pt' peea'se .les1 "p'us' w s"s s9'0"
''tP W "o'" w "",C" 10 'eo,oSS' ="
oio" the "oraS o'' e'sGSso"e, are ~
''ear'y unuers!ooa az II lney hau oee''
SrlIlhn DOWN IN Tue cohs'''u''on' oy 'huS
.npp,ylug the e'''pS's' 'he sentence Is reh
'ered complete ana consistent WIN Mha'
,feceaes III ana CONSISTENT u. "''n WV lhe 'h'eu
Ion OF the trainers OF tne Cons'''u'lon' a.
Vlhcso oy lhe oeoal's IN Ooh'enl'oh'
The words "ln 1chich he resides" import
n actual presence at the time OF the election.
Resides is in the present tense, and refer
D the time Of the election at which the
lector offers to vote. The word, aS used,
expressive of present abiding, or rssid'
lg, in the township or ward at the time OF
he election.
The last clause of the 18th Section OF