The Lansing state Republican., 1865-02-08

4 'A-'-l lu tlc same spirit an
neither EXTENDED nor cnrtailed bv anv cor
siut4-,ioAs except such IL tend 10 show 4
.1Ie meaning. restrictions have. il Is tru,
uvel inlle more likely than grants 10 b
-->-i-t- lo unforeseen circumstance.
SAlei Justice Marshall. in Mc-CuIl0e6
ne Sat, ~ -Hargtaad. ( WI T. 424. IA
pointed oL- with great clearness the dan
-ers ol making constitutional provision
Too specific: and IL has been forced Yer
p.easantly on the attention Of our peorle
yl the imp1oyldent restrictions on legisla
ION WhicL have hamperei Us under tb
N9l>,NluOn we are now considering. But
4 "Aee evils arise from the application @
sacn regulations their force cannot be Dc
-ied or eyaded: and the remedy consists il
repeal or ammendment, and not in falls,
construction.
Bar I an no. able 20 Yield my assent Z,
IL argument which was forcibv urge
upon Us. That iu construing q Constitution
sc must MT take into the account the ex-
-ss.hS state oi things which is so Cihereut
rom llll inlng which has gone before That
Tue Constitution means nothing now Thar
l. did not mean when il was adOpted |
regard a true beyond doubt. But il must
DC regarded Is meant 10 apply to the present
stare ol tninSs, ~ well as 10 al other past
or future circumstances. It's real intent
IKE that " all other laws and nnblic instru-
ments, can be only determined when facts
exist when call for lis determination. Ii
Is Acl au abstraction. Uu. cnarter for hu-
man government, aud Il must be construed
WIKI reference 10 realities. and not inter
preted as Il II had no such bearing. The rules
ol Ia" are supposed 10 be permanent and
c~pao-e oI settlement Oy the courts: and
.el, when a court announces a principle
when Is foreign 10 the case before il The
emlneace of tle judges, and their acknowl-
edged ability. Will hot obtain for that an
hOuAcement ihe respect which belongs 10
me test Oh the decision because when an
pied thereafter 10 existing facts. il may be
found ihat the judges have not seen the
ul'1tlci ia al lis bearings, and, had they
done SD. would have come 10 4 different
conclusion. No opinion which is merely
speculative can ever be received as entire
ly reliable NJ Court ever refuses 10 allow
It's meic nsctu 10 be re-cOnsidered. and
should be very unwilling To be bound by
any such remark oi my own. as should
certainly decline 90 receive rs obligatory
any Irrelevant opinion # others. To strive
10 dlssever legal and constitutional pro-
vision from the only facts which iustify a
Court IN constituting IT, w0uld-if such a
severance were sible-lead 10 no rooi
result. The Constitution must be read as
applicable 10 present circumstances. for the
simple reason thar il was established for
all subsequent circumstances and times.
and we must give il The same force il would
receive had its language been recently adj
apted. ID full view Of present emergencies.
AMI - frfr - =.
natural meaning, in view OF the whole ten
or OF The instrument. so far as il relates To
the subject in controversy.
A the manner in which a Constitution
should be construed, it is hardly necessary
10 say much, as tine rules which are famil
lar 10 all luris,s are not 50 much technical
rules Of law as suggestions. 20 aid in aser-
tanning the true meaning, which Is the only
Object Ol any attempt at construction. But
some references TO the source and objects
spirit with which il should be approached
IL proceeds from the people IN their original
capacity, a the source Of all power in the
Government. Their viii being the supreme
law, and only 10 be found in the Constitu-
ton whch they orlan must be fairly and
cheemully enforced according 10 its terms.
and no attempt should be made 10 evade OF
defeat IT, The Constitution, although
drawn up by convention. derives no vital
ity from It's trainers, but depends for its
force entirely upon the popular vote. Be
lag designated for the popular Judgment.
and owing its eXisiance 10 the popular
its language must receive such a
construction as is most consistent with
plain common sense. unaffected by anv
passing excitement or prejudice. We are
not % speculate how the people would
have acted under other circumstances. or
whether they would have bound themselves
Ia the same way. had their minds antic;pa-
ted the future We must only determine
lOw they saw lt 10 act with their sober
judgment, taking upon themselves such
consequences lis their action might bring
forth in the future The Constitution IS
popular instrument. binding
according 10 its terms. and requiring Tor
their Interpretation such rules as will not
warp its sense from what its language
shows L probably appeared 20 those who
adopted H.
There has been no practical construction
which can throw any light upon the oues-
ton before Us. The fact that election laws
have been made on a certain basis. which
does not accord with the principle Of this
bill. is Of no weight because there has
never before been any occasion for such a
BILL Whatever value practical cOnstruc-
ion has. depends entirely upon its being
an open notorious and consistent course.
lpOu a question now mOOted Practice not
invoking the m0Oted question is no index
Of construction. We have never before
lad occasion % provide for voting in any
unusual Way on State affairs.
We are therefore thrown back upon the
Constitution itself TO expOund il according
10 is ONn tenor, IN the light Of such previ-
)us historical facts as may legitimately aid
10 eIucilate il.
The provision or the Constitution which
s supposed 70 be violated by the laws IN
Ter which the relator claims 10 have his
.itle ID Oiilce established, l. the first section
u article = concerning " elections" This
,-ause provides that every white male cit
zen. etc. "shail be au electOr and entitled
10 vote; but no citizen OF inhabitant shall
)e an e.ectOF, Or entitled u Uote NJ any &.
7cttOn unless he shall he above the age Of
-wenty-ole years. apl has resided ~ this
STATE three H1Ontls, and IN tie t0l-nStiD or
lCard "a lctict he ofsys 70 COte ten days
qe-rt preceding such election" The next
provides that all votes shall be given bv
ballot. except for such township officers as
may be authorized by law 10 be otherwise
chosen. Further sections provide against
Oss Of residence by absence on military
service, ana contain some other safeguards
against electors being prevented from a.
ending elections. and Tor preserving the
purity Of elections.
Il is claimed by the relator that Offering
20 vote at an election in a township or ward
i9es not prevent casting the vOCe beyond
he state limits, while the respondent in
lists that the act Of The electors must be
lone within his own township.
To determine which Is the correct con-
,lusiOl, We must first see what provisions
n this section concerning elections are too
plain 10 be questioned By examining the
section We End that i makes provision ior
very possible election which can be held
II al. under the authority Of the state.
No citizen Or inhabitaut snail be an cleo
ion. or entitled 70 r0fs n 0Hy election. IN
ess be snail come within tie subseouent
provisions. Il the next place every cleo
ion must ue 10 some township or ward.
'0r The voter IN order 70 So cote II am elec-
ion, must Cfsr 10 rOte' in the ~folrn-
st.p or rar1' 10 lck.ct IL has resided ..tea
lays nsr. preceding such election.
Whether be gives in his vote On the spot.
hail ha- = -