The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1864-01-28

tance, and surrounded with grave
doubts and difficulties.
Perhaps the minds of members.were
not altogether settled at that time, as
to the rightfulness or policy of such a
law. The Constitutions of the States
haye all been framed without any view
to such condition of things as the
present; and there has always been in
this country, as in England, great jeaI-
ousy of the army mingling in the af
fairs Of civil administration. During
the past year, however, very great con
slderation has been given to the sub
ject IN nearly all the loyal States. 1t
has come into Judgment before the
highest tribunals Of several of them,
eliclting very learned and patriotic
opinions from the judges, which have
thrown great light upon it, and gone
far, to establish the legal principles
which must guide all proper legislation
in that direction. s
This patriotism, justice and sound
policy require the passage of such laws,
wherever they can be constitutionally
enacted, seems to be now generally
agreed. The volunteer army of the
United States is composed of the peo
pie of the United States. They have
left their various occupations i'm civil
life and taken mp arms at the call OF
theircountry, not to become profession
al soldiers, but to defend their country
and government from destruction, and
their homes and property from desc
Grafton and pillage; not to renounce
civil life and the pursuits of peace, but
to establish, upon an enduring basis.
the right to both, for themselves aud
their posterity. With patriotism and
courage worthy of everlasting remem.
brance they have periled everything,
that their country and its free ins.itu
tions may continue TO exist. They are
absent from the polls of the elections
in their several towns and wards, beat
ing back the power of a causeless and
cruel rebellion, in order that those very
elections may be held in peace, and
that the right TO hold them and to have
their results respected and obeyed shall
continue forever. If these volunteer
citizen soldiers should not have a voice
in the civil administration of the gov
ernment for which they fight, then i,
would be well TO inquire who is worth, ,
of it. Though soldiers, they have mol
ceased to be citizens and residents, nol
is their stake less in the country than
that OF those who remain in peace al
home. Surely, he who stands faithful
ly by bis country in the shock of bat
tie, may be safely trusted AT the ballot
box, though ii should be carried to him
at Vicksburg or Chattanooga.
Is it, then, within the constitutional
powers of this Legislature, to enact a
law granting the exercise of the right
Of sutferage elsewhere than in the town
or ward where the voter is resident?
1t is not question Of the right to
vote, but only of the place where the
ballot shal, be received. No change of
qualifications in the voter, nor in the
manner of his exercising the right, will
he required All the case demands is the
establishment Of poll for the recep
ton of votes i'm or near the camps of
the troops. No right of challenge will
be denied, nor any safeguard which
the utmost prudence may enact. Ifsuch
power exists in your body, then by
every consideration of justice and right
let it be done; but if not, then however
much We may regret II, We must not
move a step in that direction, since they
would not be fit to make laws who will
not obey the fundamental law. 1t be-
comes us, therefore, to examine care
fully and judge dispassionately.
That the Legislature has power to fix
the time, place and manner of holding
elections, and to establish the qnallti-
cations OF voters, unless prohibited by
the Constitution from doing SO, need
not be doubted.
Justice Butler, in delivering the unan-
imous opinion of the Supreme Court OF
Connecticut, declaring unconstitutional
and void the act of the General Assem-
bly, of that State, approved December
oath, 1852, providing a mode of tax
ing the votes in the election of State
aud other officers, of persons absent
from the State as volunteers in the mi
litary service of the United States,'
remarks as follows:
"The Constitution establishes an