The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1865-02-01
Opinion Of the Supreme Court on the Sol
diers' Voting Law-The Legislature and
It's Rights.


The opinion OF a majority OF the Supreme
Court, delivered on the 2sth ult, was ad-
verse TO the validity Of the soldiers voting
Law.
Whether the opinion resulted from a mis-
construction OF the spirit and intent Of the
Constitution, or whether il resulted ineyits-
bly, from the homogeneous muddle called a
Constitution, which was inflicted upon
the people by the Democratic party, il viii
be vain to say that the opinion Of the Court
does not disappoint the hopes and expec-
tations Of the people, who icGHted TO ex-
tend this boon 10 the brave defenders OF
the Union. But the decision, so far as the
cases whichit reaches-the election ofcoun-
" officers, &c.,-is now the law OF the
land.
So far as relates 10 members OF the Leg
islature, the decision does not seem 10 have
the same application, as the Constitution
expressly reserves the right and power to
that body to be the sole judge OF the quail
ncation and election OF its own members.
The Constitution, in reserying this power
10 the Legislature in judicial capacity,
which body is nearer 10 the people, more
numerous, and oftener changed than the
Court, refused to place any authority above
the law making power by which its exist
ence could be jeopardized. And this pro-
vision in the Constitution, in harmony with
the theory Of our Government. IS one bright
/ spot in the instrument. and about the only
one.
At the opening OF the session, severa
men claiming seats, submitted their claims,
which were adjudicated upon by the Legs
lature. and decided against themi but the.
now come back and seek TO get their seat!
again under this decision! The question
having been settled by the Legislature, act
inc under a power which 1t possesses at al
times. independent OF any Court, and The
seats having been awarded, the subject j.
now settled irrevocably, and the member
cannot be unseated except by expulsion 70
cause
In all cases that may be contested for tn
first time. under this decision, the Legisla
ture Is still possessed Of its reserved right
and powers to Judge OF the qualification
and election OF its own members, and n
one can galn-say the decision it may arriv
at, because that tras the contract agreed &
in tie adoption of the Constitution-tha
right was giren to them, not TO be inter
fered with Dy anv coordinate branch Of IN
Government. The rights, powers and die
nifty OF the L, gisature is entirely and indie
pendently in its own keeping in this mat
ter. Judge Christiancy, in his opinion
clearly acknowledges this reserved pOwe
OF the Legislature, as follows:
1.-THE Legislature, equally with the Jud
= cial power, is established by the COnstitu
tIon: and within the limits fixed by that il
strument, that power is Independent of n
judiciary and all other departments.
It Is a matter OF grave doubt, whethe
any will be so anxious for that kind Of di;
tinction, as to claim a seat where they knO'
majority OF their constituents repHdiate
them at the polls, by their votes solemn
cast in good faith, under law Jeliered I
be Constitutional. 1t would simply be Is
king q mean advantage of their sons an
neighbors, whose right to vote they woul
not dare to question at home, because the
are away from home fighting rebels. |
the vote cast, and believed at the time
be legal, these men sOlemnly recorded the
, wishes against the men who now elaiI
seats.
The vote shows that a majority Of the
neighbors, including those at home al
those in the field fighting for the Unior
, are against them, yet they al
J so hungry for ofncs that they see
: 10 slip ia on a sort OF tschnicality. by Il
p king advantage of the patriotism of th
| soldier in his absence. We do not CIV
; any man who holds seat Of this kind.
, will be a seat OF nettles and thOrns TO b
own conscience and selfrespect, il hs ha
any