The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-01-20

holding elections. the Constitutions Of the sever
Al States diHe- IN some Of then all these ere
prescribed with that particularly which iorods
all action o. the Legislature. IL Others. neither
sre prescribed, bur the Qualifications OF tie vo--
ers are fixed. AID the power 10 regulate x
time. place and manner. committed 70 tie Leg
isstyre: and in such States the reception OF
votes out OF the State may be consIituuonahy
authorized
Tbs doctrine Of the Connecticut Court IS sus
tanned. Substantially by ali the cases which have
net nv observation. 1t seems 70 me, also. the
doctrine Of good sense. Taking these pTnci-
pies Is guide If sill not be difficult, ! rhirs,
-o:determine whether the Constitution Of Michi
san has 50 ~ " and clearly prescribed the
tine, place and manner OF holding elections q
% leave oy implication no power m the Legisla-
ture TO prescribe them. or either o, them l,
mas certainly so prescribed the tiue. In section
81 Of article 8 section OF article 5, aDi section
! o.. article 5 The Tuesday succeeding Tue trst
Monday Of November. in the year 1852, and o.
every second wear thereafter i esiab. she'd
the tine Of holding the general biennial elec-
non. AID Il = ear that every election a STATE
officers snG members Of tie Legislature must be
upon hat Cay, .ud 10 other, il spike Of any leg
i-iafive ensctmert whatever.
L the Constitution i equally explicit De 10 he
1
we usv smiss the discussion az once, and obey
the prohibition Dat l am confident it vii .,
/ found othersise
Thai instrument has nowhere required that
the election shall be held 10 sav particular place
OF number Of places, nor IN any particular mau-
ner. NJ election districts are established or re-
guired 10 be Is aol.shed, nor are aLy rules pre-
or bed for the fofn. o. ex-eut q sucn distr Cts
| They NAV be formed Of entire counties Il the
/ Legislature 30 chuO=e. unless The requirement
/ that Senators ana Representatives shsl be cleo
I ed bv gle Districts affects the question. Nei
ther the manuer OF hoiding the election pre-
scribed. except that the vote shall be by ballot
/ All these things have been left 10 the Legisla-
lure, unless the c0uc udlug words ut sec ion !.
article :, should be held 10 provide other = se.
This article s headed % Elections and deals eL
tuely "nh the quail dcotlOns and privileges Of
electors. except that in the second SECTION the
vote il required 10 De given by ballot, "excepi
for such township officers as may be Authorized
by las TO be otherwise chosea' The wo' d. Of
section /, referred TO, as follows: But 10
citizen or iuhaorani shall be an elector, or en-
itlsd 10 vote at any election, unless be ,hall be
above the age Of twenty one years, aud has re-
sided ia the State three mOulhs aud in the
township or ward IN which ne Oilers TO vote lei
iays next preceding such election" Tnese aie
1t words ~ establish The qualifications OF voters,
out uvt 10 control The Legisrture as 10 The pla-
ces where polls OF election shall be eslab..sAyd
sud votes of red AID received They speak Ci-
/ rectly as to age and residence and Ouly 10 those
qualifications All else Is Incidental aud xpan-
aioy. TIE elector must De twenty one Years OF
age, and he must have had a residence 90 some
place. any number OF places In the State OF
three mouths. and in some particular township
o. ward ten days next preceding the election al
~hch be off-is 10 vote Can any greater scope
De iairly gwen 10 this clause than that! IL vas IN
teuded 10 forbid tue Legislature FROM autnorlzir ~
the reception OF vote 10 sny other place than
iu the town or ~aid here the electog resided
4. il 10, conceivable that It should have been
eft oy the ccuveuti,n TO mere casual expires
lion which does uol directly either command Or
ioroid auyttug Abe words, no doubt pre- sup
pose thai the Cff-r 10 vote " ID BE- nede in TIE
township or ward IN wh Oh the eec,cr restless
out they neither require it 20 be 50, nor iJr5ii il
10 be otherwise.
Il the same article, 81 section. 5, this Cousti-
tuition IL al the pains 10 declare that no eiec-
Tor shall be deemed 10 have gsuei or lost a RS.
,dence BY reason of bis 0eiig employ eli in 10,
service OF tie United States Did the people
ia establishing this Constitution. intend, Will,
preserving lie residence o. TIE soldier, and con
-rqueuty ms right 10 vote, si the same tine Z,
Tor bid the Legislature 10 enact such laws al
migat euatie him 10 exercise tie right? Til,
Constitution, Ike any Other acs. must b,
taken together, as a whole, ald have s.ch rea
sOuaole construction a. viii carry into full a..
berehc4l Eject the system IF government estaD
.ished by il. The usual and reasonable power
oi the Legislature will hot be held 10 be aofo
gited unless by Gear aud distinct cus-tnenrs {,
that effect
The government established. - in oil it.
/ branches elective, aud tire suffrage universal O
nearly 50. Great care seems 70 have been take;
7 TO preserve tor all white msic Gil zeus of piope
aye, the exercise OF the right 10 vote, ana
think this manifest intention ought 70 have grea
Heighi in The determination Of the present CUE
to-. CnqnesliOna5y The pre- eut coatingeuc
l. one not Contemplated b. tae convention whcl
framed the Constitution. By the people ia al
op ing IL; and there i, Gu that account, all IN,
more reason for declining 10 aiopt any marrow
construction which wouli make it accoupls.
what 10 one at the time designed IL should co.
Ia several OF the States laws Of the sort pro
posed have been enacted and put into practice
operation without much Inconvenience and viii
no apparent danger OF public ia jury. Ia some o
these States, with the Constitution similar tC
TO our own, the question OF tue validity of suct
laws mas been before their highest courts auc
they have there been sustained Such believe
has been the case in Iowa aud Wisconsin.
of.or Sumg tnis subject cOusidef aOie ..t,vn-
| ton, | 10 not hesitate 10 recommend the passage
OF such 4 law, bg this Legislature a. Vii eua0l,
the soldiers Of N chigan, while absent from the
State in the service vi the United States. 10 avail
themselves OF the right which they nave never
forfeited to vote IL all tie State and local cleo
lions. II will be ouly ST towarts them. and
their votes wi! be dangerous 10 traitors only.
MILITARY ROAD PROM PORT wilkins TO GREEy
SAT.
Soon after the )uri ment Of the last session
Of the Legislature, received copy Ct an act Of
Congress granting lands to The States Of Mich
gan ard Wisconsin. 10 aid IN the construction OF
military DAD from Fort " kiu., Cooper Har
Dor, Ke~eenaw conutv, in the S ate OF Michi-
gan. 10 Fort Howard. Green BAY, 10 Tie State OF
Wisconsin
This act was approved March 81, 1858 snd
grant, Ito the Stare OF Michigan, - ala in the
co stfuction OF military wagon road from Fort
wilkins, Copper Harbor 10 Houghtou, Po-tsge
! Lake, aud thence ~ a sOutheiiy direction 10 the
state line Of Wisconsin, every alternate section
OF public land designated by even numbers, for
: three sections IN NidEn, on each SIDE OF SAID
road The lands are made SUITE TO the dis
posi- OF the Legislature tor the purposes desi 2.
mated and no other ard the manner OF their
disposition, together with the width, g-@de and
construction OF the road are particularly pre-
rcrioed and that IT the road is not completed
within i've years, the lands shall revert 10 the
United States One wear q the FIVE has already
nearly passed without action. and II is important