The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1864-01-28
FROM C0LUM BUS.

Columns, Jan, 20, 1864.
IN the Senate, this AFTERNOON, the
Committee on Finance mode th ,ir report
on the Soldiers Relief Bill. They fix
the levy at two mills on real property In
the State, leaving Il Discretionary with
the Commissioners of Counties to levy
an additional tax Of one mill. The pro-
visions Of the bill reported are, substau-
TALLY, that of the old one OF laSt year
Numerous amendments w'rc offered and
discussed, hut without coming to a v.tc,
the Senate adjourned.
The House was engaged all afternoon
in listening 10 an nblc argument by Mr..
Dclano, on the constitutionnlity of the
Soldiers Voting Law. Ills nrguIncf
was, in briei, as follows
That the House was to Judge Of the
members hence, each member must
decide Tor himself Ms TO the constitution
ality of allowing soldiers TO vote. The
decision of no other tribunal is ObigutO.
ry on members, though oil are entitled
to respect aud consideration. The law
allowing persons In the military service
to vote is not void because il conflicts
with the third claurc Of the eixt, cnlh
section, Article 2, Of the Constitution. -
First, IL docs not, In term or in eject re-
peal any portion of the law regulating
the elective franchise. mud especially
does not repeal the last clause of section
scvcDiy.two OF the act relating To clcc.
tious. 1t is simply an addition To ltrmcr
laws, providing Tor another mode Of w.
ting in certain cases.
Secondly, the whole Of section six.
teen, Article 2, is directory. Its first
aud second clauses have been decided 80
TO be by the Supreme Court, and the
third clause clearly deserves the snnc
construction. lie referred TO author iiy
onihs soldiers voting law. II isl Two d
because Il conflicts with the twenty
sixth section Of Article 9 Of thr Ccnst.
tuition, which requires all laws of a gam
crul nnture to be uniform, because that
refers to the territorial operation of the
laws, aud wOS intended 10 prevent the
general laws from being made for local
aud limited territorial operation. Nu-
mcrous cases of legislation and judicial
decisions were cited In support of this
decision. Art. D, See. |, of our Consti-
tuition does not attempt 10 regulate the
manner of exercising the elective fran.
chisc. II simply d,incs the quOlitisu-
tiois of the clcctor, and leaves the Leg
sloturc full power 10 prescribe the time,
place and manner Of exercise, provided
II be done by ballot. On this point Mr..
y. referred to Smiths Commentaries ON
Constitutional aud Statulnry Coustruc-
ton, and to o recent case ii, cdcd by the
Supreme Court OF Iowa, sustaining u
similar law in that State, which dccis-
ion is no, yet in the reports, but having
procured the decision ircm that State
Os reported, he rcpd fom it. lie refer.
red to the old Constitution, showing that
the former Constitution had provision
requiring the clcelor TO vote where he
resided, which clause was omitted in the
present Constitution. lie referred to
the Constitutions of Pennsylvania, Cen
nccticut, and other States, where voting
is required in the place where the cleo
tor rcsidrs, aud compared them with the
Constitutions Of Ohio, Iowa and Other
States having no such provisions. liz
claimed that the right of an electr wa
personal privilege or right which, 10y
comfy Of nations, attached TO the per.
son and followed him wherever he wen,
aud that, although proprid rieored stu,
tue could have no cxtra-tcrritorial opera
lion, still, the laws of this State might
Justify, sanction, aud adopt the ex,rcise
of this right beyond our territorial limits
On this point he quoted from VSttel aud
lrom " St1ry's Co iliet Of Laws aud
referred 10 numerous decisions OF THU
State, sonctloning this principle, TO wit
/ r. r., 1870; $. X, p,. 3T3. IL,
claimed that the Legislature Of the Stat,
had adopted the same principle, aud re-
fcrrcd to the act authorizing Courts {,
take scknowhdrmCrts Of deeds in for
eigu countries, aud to the act Of last win
ter, allowing certain ,ficers named t,
tuke Scknow Judgements out OF the State
&c. In conclusion, he claimed that /
was clear that the Legislator hpdi powe
To authorize the elective franchise to b,
exercised as il saw iii, were il even be
oud cur territorial limits, in u vessel ol
the highway OF nations, in London, it
Paris, OF on the soil OF another State
] when held and occupied BY the Unite,
States, under the rules aud regulation
of war.
To morrow Mr.. odlin, OF MoGtgom
cry, has the floor upon the same ques
ton, The great interest mOniIcste'
here in this question is my excuse 70
giving you this extract by telegraph
Major General Hien,Eclmaa,. with hi
aids Captains Potter, Horton aud Hop
per, arrived to day, and called on Gov
ernor Brough. lie will establish hi
headquarters here tomorrow, His com
mund embraces the States of Ohio, In
diana, Illinois and Michigan.