Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-10-20

the responsibilities thus devolved upon
the executive are very great and often
times extremely embarrassing. Similar
pro- son Is made by law in other
state, IA E. : uts he duty of the
Judges OF the ne Court TO render
=, lions when Catlci OpeN by the Exec
utive, In III cases affecting the general
interests oil the Commonwealth. Such
law, doup u"J would be very Salu-
tary here, a. -rp g.t $ IN the present
state Of affairs, a.l ,.e interests of the
State thereby greatly promoted
would, therefore, respectfully suggest
that law be passed making it the duty
OF one or more of the Judges Of the
Supreme Court, whenever called upon to
do so by the Governor of the State, to
render an opinion in writing, if necessa-
ry, upon such questions as may be sub
mitted to them affecting the general in
terests OF the State,
Law PROVIDING FOR SOLDIERS veTING.
The law passed at your last session
providing for soldiers voting contained
a provision that the "act shall not take
effect until the Governor submit the
same 70 the Judges Of the Supreme Court
with the inquiry, Are the provisions of
this act constitutional and until the
Governor has obtained in writing the
opinion of said Judges thereon; and If
81 Judges decide that the provisions
o ,Ne act, or certain parts thereof, are
unco ,titutional, then the same, or such
part thereof as said Judges shall de-
eide are unconstitutional shall be null
q md Void and Nb. nactIf,o shall -,
in full force and virtue
In pursuance of this provision sub
mitted the act to the Judges of the Su-
preme Court with the inquiry specified.
The Judges Of the Supreme Court re-
piled TO the inquiry, giving full and
unanimous opinion in writing, deciding
the act 50 far as it relates to the right
Of the soldiers TO vote for members of
Congress and Electors of President and
Vice President Of the United States, to
be constitutional, but that so much of
said act as confers the right to vote for
Governor. Lieutenant Governor and
Treasurer of this State, was unconstitu-
tlonai, So much Of said act therefore as
relates TO the right of soldiers to vote
for members of Congress and Electors
OF President and Vice President Of the
United States was declared to be in full
force anG virtue.
| therefore caused to be prepared suit
able and proper blanks and forms max
ing the necessary returns to the proper
officers, and forwarded to the several or
ganizations in the field from this State
IN season for the soldiers to vote for
Of Congress at the reouiar
election for those officers.
There are some amendments to the !
law which should receive your fmme- !
diate attention.
Inc law now provides that at the cleo
.lon ior electors 10 be held on the first
tuesday OF November each elector an.
.horl2ed TO vote by this act shall have
ne right to vote for electors. The cleo
,ou .ot electors Is by law to be held on
~ ne oesaay next after the first Monday
u november instead Of the first Tues
Jay Ihis error should be corrected to
to the proper day.
Section eleventh of the act provides
nat the Secretary OF State shall return
ald votes to the General Assembly. To
e canyasSed the same az provided in
eleTence to votes for the same officers
asst IN this State |
BY ne laws Of this State the County !
leli shall meet at the State House I
J. .Atpelier, on the third Tuesday of /
u oyember, and there publicly can |
AS SAID votes" The law should be so :
n' Cd as to provide that the Secretary Y
: e snail return the votes for cleo Y
us TO the board Of canvassers when as {
mbled, ''~'' s.
PROVISION should also be made for
iaiifying the electors. ACCORDING m
e present provisions OF the act only u
'aiined electors are permitted to vote. u :,
AZ Vhere are many now in the military !. -
fplce OF the United States from this n
ate, VINO nave, since entering the ser v
&c, arrived at legal age, they should a.
emitted TO the privileges. of the act. p
q provision should be made giving
thoflty to special constables to adj
Mister the necessary oaths. III
should also be made giving &C
volunteer officers having commissions ID
III kae United States authorities who vi
ciIEens OF this State, the right to 81
&c az the polls of any company from W
$ state in the brigade, division or g
ps 20 Which they may be attached. -
would therefore recommend that 10
act be amended in these respects at ~
early day that proper instructions n'
T'lankS may be forwarded to the field ~ ~
season for the approaching election. DC
herewith transmit the opinion of the 81
- OF tho Supreme Court upon the az
suoD. Of tAe constitutionality Of the !"
LAND. SCRIP,
The agent appointed under the act in
,viding for the sale Of the land scrip N
,foyed November II, 1868, has effected w
ale of the same The proceeds of said in
g amount to th&eum of one hundred al
4 5wenty-six thousand two hundred w
d forty-on dollars and forty cents, w
lish has been duly invested in the ii
Of this State at par. q
,etober last the Hos. Homer E. "
one of the agents appointed I'M O,
+ the act, resigned the trust. / APP
inted Henry w. Hickok, ESQ, of Bur- az
Igton, to fill the vacancy. te
puoxr STATE rNrvrrerTy AND AssO- el
CIATH rulLIGES, "
The act incorporating the Vermont :" .,