Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-02-28

the constitution and laws Of the country ss We
ind them written.
We have no bountes to graut to soldiers or
any body else Il may be said. however. in
answer TO this suggestion, that the hardships OF
missing an annual election Is one of the least
the soldier Is called 90 to endure, and this they
share in common with the patriot soldiers OF all
the loyal states, for it IS understood thst no
state bat Pennsylvania has attempted to extend
civil suffrage TO an army in the field. To vol
unfairly surrender the comforts Of home, and
friends. and business. aut 20 encounter the pri
vstions CT the camp and the perils Of war for
the purpose OF indicating the constitution and
the laws Of the country. is indeei signal sacri-
fee to make for the public good. but the men
who make Il most eheerfully and from the
highest motives, would Se the yer, last TO IN
sisi, weakly, on carrying with them The right
of civil suffrage. especially when they see what
experience proves, that IL cannot be exercised
amidst the tumnts Of war, without being at
/ tended with frequent practices that endsnger
the very existence Of the right.
| Whilst such men fight for the constitution
they do not expect judges 10 sap and mine il by
judicial constructions.
Finally, let il be said that We do not look upon
the construction we have given the constitutional
amendment as stringent, harsh, or technical Ga
! the contrary. We consider il the natural and obv
Gus residing of the instrument, such as the mil
+ lion would instinctiyely adopt. Constitutions,
/ above all other documents are TO be read as they
are written. Judicial CLOSES and refoements
are misplaced when laid upon them. Carefully
considered judicial implications may indeed be
| made from them in support of statuies-never
! TO defeat statutes-where such Implications are
grounded in the constitution itself. and tend TO
accomplish its obvious purposes. well as TO pro-
mote the public welfare But when asked to set
construction that opposes itself TO both the let
ter aud the spirit Of the instrument and which
tends 10 the destruction of one of our funda-
mental political Eights-that free and honest SUI
irage which all our institutions are built-,his
court must say, on inhdeIity ~ the oaths il has
sworn. that il cannot be done.
The supreme court of Minnesota say Still
the very fact that the act passed under such
a state OF excitement, admOnIshes u OF the ne
cessIty of carefully examining lis several pro
visions. lest in our anxiety to punish the guilty
authors and abettors of ouT national troubles. We
do far greater injury 10 ourselves, by forgetting
u.tice and disregarding the wholesome restraints
of our fundamental law
- Ii the state OF governmental affairs we're al
ways peaceful and quiet and legislation never at
tended With undue excitement. many of the re
strictOns imposed by constitutional government
upon legislative power might be dispensed with
as unnecessary; but It Is precisely because emer-
gencies will arise, which, for the time seem 10
demand or Justify resort 10 radical and extreme
measures. that these various nhbitions are de
clared in the fundamental laws, and as extraOr-
binary acts of legislation seldom resOrted 10
except when the public exigencies seem TO de
mand them, it may be truly said that these pro-
visions are inserted 10 the constitutions for the
very purpose OF meeting this plea of necessity
'Hence the gre iter the seeming necessity or
popular demand for such legislation the greater
the danger TO De spprehended from yielding to il
and the more Imperative the Obligation on the
part OF courts TO square 1t rigOrous ' by the
sttutiOn As act in conflict with that ins;ru
ment can become law, however just, abstracty
considered, its provisions may De or however
great and immediate the apparent necessity for
such an enactment See p2
The Hon. Isaac T Redfeld, in the October
number OF The A l. X uses the follOwing elo
quent and patriotic language
We desire also 10 be fully understood az not
objecting to any civil right or privilege being con
ceied to our volunteer solJiery which can be
done consistently with principle and with exist
ing constitutional restrictions
But we do object TO breaking down all law
and all principle. AMI all constitutional restrc
tons in a wild rush of blind enthusiasm in behalf
OF the army. or the navy, or the cabinet, the
president, or theludciary, and as the judiciary Is
the only reguls the pendulum aud balance
wheel OF the machine of government, We are al
ways rejoiced to find its responses true and firm
as the needle to the pole The words of ST
Paul to his fellow voyagers in the shipwreck
are here OF great significance, "Ye cannot be
saved except these abide in the ship
have consumed so much time 10 arguing the
question OF power that cannot examine the
question Of expectancy nor look into the details
of the bill, further than to know that there is no
provision for challenging votes, or rejecting the
ballots of those who may die between the send
ing of the ballot and the election