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

electors and congressman, as the constitution
vas silent on that point All the judges we're
republicans. See January No. l565 OF A. l. H.
D l62
TIL. legislature Of lows passed similar law.
which the supreme court held 10 be consIitu-
tional the ground that the constitution OF that
state did not tx and prescribe the place where
the electors should their votes. bet the court
expressly say that IL the place wzs liked and pre-
scFibed by the organic Law that the right could
not be exercised at auy other place See Morri
sou vs. Springer. vol 3 n s OF American Law
Register, p. 216
10 the state OF New iork, the constitution OF
that state was amended so as 10 authorize and
empower the legislature 20 pass law permitting
soldiers to vote al places outside the state.
The legislature OF that state under tue amend
Ell constitution passed such Law, and now the
soldiers from that state eau, according 10 the
law and constitution. exercise the right OF SUI
rage, The most of these decisions have been
based on the particular provisions OF the state
constitution. but they all lay down the principle
that where the time, place and manner OF voting
are fixed and prescribed in the constitution, that
the right cannot be exercised az any other time
place. or in any other manner.
| appeal TO the gentlemen representing the ma
jority on this floor ADD ask them II they will dis
RECORD all of these decisions and will pass bill
plainly and palpaoly in conflict with our organic
law.
But have one other authority TO produce that
I confidently hope will have some influence with
this House, and viii cause us to pause and con
slider what we are doing and whittier we are tend
ing
Governor Morton is known and recognized to
he a sound lawyer and has high national re
putation a statesman. He is everywhere re
garded as the especial friend of the soldier
cordially endorse ard commend his zeal. industry
and fidelity in looking after our soldiers, but
have at times believed that be has carried this
matter too far. Can aRy person on this floor be
leye that Governor Morton would have tailed TO
urge upon the General Assembly the propriety
aud pressing necessity of passing such law II
he had believed that il could be done without a
violation of tn constitution which he had sworn
20 support and defend In his annual mess &c 10
this legislature, ne uses the following language
| 10 which earnestly invite the attention OF the
majority:
SOLDIERS VOTES.
Under the provision OF our constitution, no
person can vote except in the precinct in which
/ he resides This should be so amended 10 my
opinion, As to enable such of our citizens a. are
/ in the military service of the government, and
4 WuO WOulu DC tntiticl 10 u vote AZ bOmc5 70 VIZ
wherever they may be. in camp or field, under
such reasonable regulations and safeguards as
might be prescribed by the legislature
/ can conceive of no greater political injus
tce. than the exclusion from the right of suffrage
| OF those gallant men who are absent from home
because they are fighting the battles OF their
country. | earnestly hope that immediate steps
will be taken to relieve constitution of this
injustice, and although it may not be accomplish
ed in time to become operative during the war
II should not on that account be neglected
His excellency has recommended the true
remedy. He saws plainly and unequivocally
| that, "under the provisions OF our constitution
no person can vote excep, in the precinct where
he resides" He then urgea the general assem-
! bly, 20 take immediate steps 20 amend our cODs,i-
tuition, so that our soldiers nay vote in camp or III
the field If you should pass this bill his excel
| lency will be forced to veto it. tor sarey none
of you would ask or desire him to approve a law
that conflicts with the constitution Gov Nor
ton is the mouth piece the organ and the EN-
bodment of the republican party in this state
and ask you TO stand by him and carry out
his recommendation, and preserve invi0late our
! constitution
But it is urged that there is a great and press
| ing necessity for the passage of this bill: and
that it would be great hardship TO deprive our
brave and patriotic soldiers from the privilege OF
voting in the field on the ocean wherever they
might be at the time of our elections My an
swer to this Is, that emergency, however great
no necessity, however pressing; and no haTdships
however onerous, will justify or excuse a viola
ton of plain. ptlpable and undoubted provision
of our constitution The will of the sovereign
people of this state expressed in organic
law is the paramount law. and is equally binding
and obligatory upon all the citizens of the state
including those in Office we'll the humblest
| citizen It contains limitation of power II
is a mandate to the executive, legislative and ju-
dicial departments OF the government.
The only hope there is for the preservation OF
| constitutional government and personal liberty.
is by strict adhearance to the letter of spirit OF
the constitution Constitutions were not made
for times of peace and prosperity, but for just
such times as We are now passing through. If
the constitution is wrong in any particular. then
| let II be amended in the manner therein provid-
ed. but until il Is so amended let ii be obeyed
and carried out in its letter and spirit.
earnestly invite the attention of gentlemen
representing the majority on this floor, to the
sound, conservative and statesmanlike views of
the supreme courts of several OF the states.
The supreme court of Connecticut say
1T is said. and truly, that this is an eXtraOr-
binary exgency, but the men who made the con-
stitution had just passed through a war which
=
of a future war may well have been contem-
plated possible, and the mere magnitude of the
exigency and of it, consequent equities 90 not
alter its character. But however that may be,
the people saw fit, in their determined intention
that all elections should be regulated by consti-
tutoual provisions. unalterable by the general
assembly, TO prescribe in the cearest manner
when, where and how the elective franchise
| should be exercised, and those provisions must
control the general assembly in all eriqencies,
until changed by the supreme will of the people,
| expressed in a new or amended constitution"
"If the general assembly can thus add to- al
ter and control one constitutional provision re
specting elections. there are no others beyond
their reach. They may direct votes TO be taken
at any time. and say that they shall be consid
cred, held and taken to have been cast on the
first Monday of April. They may authorize
minors to vote, and say that their votes shall be
considered, taken and held to be the votes of
electors of full age or colored men. and say
that their votes shall be considered. taken and
held 10 be the votes of white men aud electors.
and so may authorize the taking and counting of
| the votes of women and aliens Nor would there
remain any other matter of constitutional pro-
vision or purpose which might not be reached at
any time by temporary and fuctuating legisla
tive mtjority, and by the same legislative al
chemy OF changing things, coustructively, into
what they not in fact be practically con-
trolled or snnulled Indeed, the same process
which could turn votes taken in a camp to votes