Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-05-05
The Elective Franchise.

e ment where eSpedients only keep up it
= existence, il is impossible TO foresee VIVA
I sudden and unexpected changes ma
e take place. The expedient of TO da
e may not answer the purpose Of the NOR
. row the interests of society become
9 prey TO doubt and Insecurity, and ever
+ go eminent itself has but a precarlou
I existence
prominent trait OF the American
mind, ii cannot be doubted, is to substi
tute expedients in the place OF principles
The sovereign people are prone, like SOW
ereign kings OF former days, TO set asld,
the laws that interfere with the free ex,
ercise OF their will and pleasure. Long
habituated TO measures OF expediency
the popular mind moves onward, like a
swollen stream, under accumulative
force, until il oyerwhelms and eradicates
all landmarks and distinctions. 1t is
something, therefore, in a state OF things
IKE TINS, II the advocates of eXpedienCy
are willing to admit that they who seek
TO defend the constitution, which has
out few friends, are entitled to some
consideration. This admission argues
well not only for the liberality and in
telllgence of those who make il, but also
for the general moderation and sound
ness OF the community in which it is
made.
But, independently Of all fundamental
! provisions, special legislation is of
doubtful expectancy at best. As gen
eral rule, it should be resorted to as lit
tie as possible for in many cases it is
very apt 10 favor objects the very re-
verse of those (which it is proposed to
effect by it. II is by no means certain
that the soldiers voting law even if en-
dowed with vitality by an act of the su-
preme court, would accomplish the end
for which it is designed, and which its
advocates seem to think so desirable.
II can never answer any Salutary pur-
pose TO adapt our laws by special legis-
lation, TO the supposed exigencies of
some future election, instead Of to those
fixed principles and maxims without
which elections are of no consequence.
Miserable indeed must be the condition
Of that people and OF that government
where the laws are subordinated to some
political purpose of the hour, instead of
n those broad F,,paaYnnn,A1 49, y
society which are for all time. We re-
peat il, special legislation, in general
point OF view, is vicious, and should be
resorted TO as seldom as possible.
We have not yet examined the condi-
tional law alluded to, but it is difficult
10 see how such law could be made to
meet all the variety OF circumstances
attending the soldiers service, so that it
should bear equally upon ali abroad
and at the same time correspond fully to
the conditions OF the election at home.
OF all the absentees from the State for
instance, are a certain class of soldiers
alone permitted to vote and among
these are the numerous minors, who are
some OF the brayest and best of the
military, excluded from the privilege
Must the ascertainmeRt Of the result of
the election be postponed at home until
the returns of those abroad, whether
prisoners or not, are received Is the
soldier to have the power to vote and
not the power to select Is there any
distinction between standing armies, and
veterans, who have agreed to serve the
general government for six years 9th
er circumstances still will occur, which
would render special soldiers voting
law of difficult application.
The subject, moreover, is to be consid-
cred not with respect to State laws
alone but also with respect to the laws
of the United States. 1t would hardly
be feasible to refer an enactment of
State legislature to the supreme court OF
the United States for its approval and
sanction and if many such enactments
should become established as laws in
opposition to laws Of the general gov
ernment, a gradual disintegration of the
Union must inevitably take place. A
celebrated writer on government says,
that the militia and sovereignty, in q
free State, are one and inseparable; and
that 'it must be made sacred maxim,
that the militia obey the executive pow
er which represents the whole people IN the
ereesaion Of The law" Now we cannot
understand how the militia are to obey
the executive, and still be empowered at
the same time to cOte against him how
the executive can call out the militia
and command them, when they are inves-
ted with a power to control his meas
ures and arrest his action. This would
be to transfer to the people power that
has been lodged exclusively in the chief
magistrate @
The truth is, the proposed measure Of,
extending the elective franchise to the
military absent from the State is mere
IL