Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-07-07

the various discussions and decisions in
other states, we are clearly satisfied that
by the fair construction OF our consti.
tuition, the right of voting for governor
and other state officers, can only be ex.
ercised within the state, In the free.
mans meetings" to be held within the
towns on the first Tuesday of Septem,
Der In each year.
We appreciate fully the ncSule patriot
ism of our citizens who nave voiuntari.
ly gone forth TO peril their lives in the
defence oil the Constitution aud govern.
ment ana would be the last To deprive
them OF the exercise of any civil right
put as was well said by the Pennsylvs, /
LA court, "While such men fight for the
constitution, they do not expect judges
to sap and mine it by judicial construe
ton"
The power of the Legislature 70 au-
thorize votes TO be cast without the
State, for Representatives in Congress,
and electors of President and Vice Pres
ident depends upon entirely different
considerations,
II cannot be claimed to be contrary TO
any provisions of the constitution Of
| this State, for the constitution is entire.
| ly silent upon the subject and the con.
stitutlon of this State, with substan.
| TALLY the same provisions as to voting
as now contained, was established sew.
eral years prior to the admission OF the
State into the Federal Union. The law
TO this extent must therefore be regar.
ded as valid, unless it contrayenes some
express or implied provision of the
constitution of the United States or
some law of Congress on the sub.
iect, coming within the control Civ.
en- them by the constitution. Sec 2
of Art. of the United States con.
stitution provideS-"The House of Rep.
resentativeS shall be composed of mem.
bers chosen every second year by the
people of the several States, and the
electors in each State shall have the
qualifications requisite for electors 0!
the most numerous branch Of the State
Legislature"
Sec. 4 of Art. /, is as follows :-"The
times, places, and manner of holding
elections for Senators and Representa-.
tives, shall be prescribed in each State
by the Legislature thereof but the Con.
gress may at any time by law, make or
alter such regulations, except as to the
place of choosing Senators"
These are the only clauses of the con-
stitution bearing upon the election Of
Representatives in Congress. 1t cannot
be claimed that anything is established
by these as to time or place of voting. The
whole subject is entrusted to the State
Legislature, subject to the control Of
Congress. As we have already seen, Il
/ ha pFi hA bA
time and place, it rests wholly in the dis.
erection of the Legislature to establish
them by law.
We are not aware OF any act of Con.
gress upon the subject of electiug mem.
bers of Congress, except to require that
they should be chosen by districts.
Sec of Art. 2, provides for the choice
of electors, and is as follows Each
State shall appoint, In such manner as
the Legislature thereof may direct,
number of electors equal to the whole
number of Senators and Representatives
to which the State may be entitled in
the Congress, but no Senator or Repre-.
sentative, or person holding an office OF
trust or profit under the United States
shall be appointed an elector. Congress
may determine the time of choosing the
electors, and the day on which they shall
give their votes, which day shall be the
same throughout the United States
Under this provision, the appointment
of electors has been variously provided
for by the State Legislatures In some
States the Legislatures have directly
chosen the electors themselves. This
mode of election was followed in this
State as we now recollect down to 1924,
In other States they have been chosen
by general ticket throughout the whole
State, and in others the Legisla-
lures have divided the State into
election districts, for the choice Of
electors. All these varions modes Of
election have Ibeen regarded as fairly
within the power of the Legislatures.
The only power given Congress, is that
of fixing the time Of the election.
This power they have exercised.
In 1892, Congress passed an act, re.
quiTing the choice of electors in each
State to be made within thirty four
days preceding the Wednesday in De-
cember and the electors themselves
to meet and cast their votes on that
day.
In 1945 an act was passed by Con-
gress, requiring the choice of electors to
be made in all the States on the Tues
day next following the first Monday in
November OF the year designated for a
presidential election, with power to the
State Legislatures to provide for filling
any vacancy that may occur. Under
this, our Legislature have provided that,
in case of vacancy at the meeting of the
electors, the residue of the electors may
fill it. Upon the principles already al
luded to- there would seem to be no
ground to question the power OF the
Legislature to authorize voting for cleo
tors, as they have done by this bill.
Voting for representative to Congress,
and for electors, has never been under
/ stood by our Legislature as effected by
the provisions of our constitution. 1t
has frequently happened that congress
sional elections, and presidential cleo
lions have occurred while our Legisla-
ture has been in session, and it has been
| + acriSi LOT N rarouidn