Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-07-12

, heinz cnst n apv athos Rnt 4 thara ia ro ana
exnress declaration i,nd rooo fairlv IN 4. in
, rlied II Is within the n,Uer of tho Iag,slatn,
20 fix tbe mace
IheTeg,slafnra5,f ,f scyor,l State. I,ase nssse,
or nroposad +, nase sts 1m,lar T., no an
under considoration several of ,yb,eh have ~
ceiyed n judicial examination. and il il nrone
that lbeV he nero rofefred to. although none n
them are precjsely in mint. pging Z, the differ
encoa M Stte constitnt,ons vet i6n urinc,nIe
upon which tho decisions have proceeded, ma
aid In solving the question nader our own Tb
frat case arose IN PennsVlyania and heino
case OF oonte.ted election, came before the our
in tho REGULAR course Of judicial proeeedino. ane
was fully arguel by learned counsel
The provision Of the Pennsyyaria constitu
ton. upon which the validity oi their las wa,
TO Lo decided. was ia the following words
q in elections nv ,,o eltizo,s eyerv whilo free
nun. Of tho ago Of twenty one years having re-
sided In the State one YEAR. and m ths ei,etio,
disiricl iDheye he alters 10 poie ten days iDqleii
aieiV DyeceGgg s,irh eiectiOD. and within tw,
years paid q STATE or county lax which shall
/ have boen assess q sg least Ten dais before the
election, shall enioy tho rights Ol an cleotor.
/ The case was Examined and discussed with
yery great fullness and ability by The court. and
,hey held tha. eleci0R districts. within The mean
ing OF their Constitution, denoted territorial
subdivisions OF Oh State that he right Of yot-
ing, BY the constitution, mus. be exercised with
in The district . and that Law authorizing cit.
lzens Of the State in the military service oi the
United States, 20 give ther votes without the
stats WAS contrary 10 theconsttution, and void
lne opinion ol the court Is very ngthy, and
qultc exhaustive oil the whole subject, but we
nave no space 30 allow quoting from 10. The
Cast luay w tuund reported IN the Am rican
Law Register, January No., 1868, has v. Nil
iyr lne question sas next presented in Con.
necucu.. A law Of this character was proposed
Ia Their Legislature, and, in pursuance IN u law
and usage IN that State, the Judges Of the Su-
preme Court were convened By tie Governor. ~
advise az to the constitutional power of the
Iegislqture 10 enact ,uch hw. UpoG consid.
eration. the JUDGES certified their unanimous
opinion to be, that such law, in respect to the
election Of Governor, and various other State
officers. was not warranted by their constitution.
The constitution of chat State provides that
"The meetings Of tbe electors G1r theelretion
of tha s.yeraI Sat oBcer4. by law annuallv 10
he elected and Members Of the General Assem-
bIv of This State shall be holden on the first
No,day - Anil IN zach ve,r - and slso that
4" A. Inc meetings Of the electors. held in ,be
sor-.r.I t,.,,ns IN fb;. Sr,tai, AnriI annn.lIv
,fter tbe eecti,n IF represen,atryes the electors
nresent sball Ina called mon 10 bflng in their
written hsIlot for Senators. &c. Verv simi-
lar ,n.,ua,,o il usad IN tho constitution m ref,r
enco NJ tbe election nj tioyernor. and yarious
.,I,o. So .fF.o,s
In tto o,Iaion ~ tho .Tud,es this Ianena,e
..r ,b ',o,,,t,,,,o, rec,niro t5ot tIa cotns c1st
-. S.n,,lrs Goyornor H. sho,Id be IN eIoc.
t,r,. ,ee,,ogs held IN tia eyeral towns in the
Sta,o >
~, ,yl..lo s,b;oct ,v.s s,a;, ,bIv and thor
,.,,,,lI, d,so,ss,d -, ,ho oninion of'tLe conrt
h,,, ,.o oan onIv ,e,er IN tbe ren,rt 20 Con Ra'
.'1,, 5oI ~ the Tnne Ses.,,n IsG2 If the
E"a II ,o,shire Ie,isatufe. +, law was nrono-el
antbo,igirg overv qualified voter of that St,te
IN the military ar naval service Of the limited
Statas 10 annoint ao attorney To denosif hi.
voto far him at his nlaea Of residence. at anv
election for State c,unty or town officers in TINT
Stat
Rv a resolution Of the LEGISLATURE. the Justices
of the Sn,reme Judicial Court ii that State
60, 80 sto1 IA .,ive tbetr nninion a. IN ibe
constitnfinn,l,tv of The proposed law The onin.
ion ,y, Given a,,ainst the 6nst,tutionnltv of nh.
iaw tho oourt boIdin, that by tbeir o,nsfitntion
,be ngbt of yotlnt must BE exercised bv the
yo,or In ne,snn aud nat D., delegatsd IN or nor.
formed bv an agentof attorney; and tbat bo
their constitution the right must be exercised bv
the voter within the State. at the time and
Macs rointrd ont by The constitution II 4
nee5css IA ouote from the New H,mosbire CON
s,,tntinn as the very form Of the nropo.ed lnv
shoys ,b,t i. wa not claimed tbat tbe riobt nf
voting could be exercised without the State. The
or,nien a, the ,Judys, NAV be found IN Am Iaw
Ree.. Oct. 1868, 7l0. The remaining ana latest
49,, ror f,s .ob;ect tbat We haye mot ~ IN
Is frnm Iowa Several cases came before the
conr, ali involving the question of tho legally
nj yo,es c,sl without the Safe. by citizens and
yotrs ol the Stlte m the military sery,ce of tho
ifoitol S,stss f,r certain STAT and o.nntv ofB.
cars Tho Tep,sh,ture OF the State mad nassoa
a law authorzine sueh votes cast without the
St,t, In be received and counted in such eleo-
tnos and the question was as 10 the VALIDITY of
tho Iaw Thi constitution of Iowa oontains
tl,s cIa,s. uEverv white male oitizen of tba
ITni,rd States of m. are of tyentv.nne wears
,vh, shall nave been a resident of this Stets s;y
months newt injecting the election. and Of be
,ouoty m ,sf,ch h. claims has rofe SIM 1vs
I'll /, on,'tlct i, yots MT Nh ,lsetinus wh-nh
nos, - nav h., authorized hV inv "
+, ,nns,,s Tram the rsuoft uf the,o ,as,s in
AM iiT REQ. March 1854. pare 276 That the
nnas,;on was lnliy arpuei by counsel and 70
- ,bo nm and care nj consideration NJ ,ho
sonrt o,'r' The oourt decided tha; tbe law nj tgs
S,a,s in anestion was eoasti,utiond tb.t tbe
-,,;clo | IN the constitution above ou,,ed 5niv
5sGoas ,hs onahfclnoos of yoters. End does mn
nsso,;ns az nIaee w,ere tho elsetiye lrsncbise
= ~ M exere,.ej lbe court IN the onninn
20 w ~ RI. l