The Lansing state Republican., 1865-02-08

u I ia" = manifest, Tor no Ofier 70 vote In m
T. other township but that OF the voters res
dence, IS permitted by the Constitution
! Ana IL being necessary place for ele,
T. Ion purposes. and the only place which
. referred 10. il may be necessary 70 consiie
"nat purpose are 10 be sUhserved bv an
rules OF locality. For We cannot be Der
united 20 supposes tha, restriction ha
ueeh imposed without meaning. neither ar
we al liberty 10 disregard anv word o.
pAT@se which has been inserted IN the 81
= preme law OF the State
II mas NOT been denied by ary one. no
40 lhihA Il can De reasonably doubted
lAat the first impression any one ,voni,
receive from reading this section. would %.
mat the voter must attend the election IL
his own township. Nor can il beany NOR,
0ouoted that the ordinary means for pre
venting fraudulent voting by ballot reanir,
sach presence. The reason for ALLOWING
voting by ballot, instead OF rira roce ha,
always been claimed 70 be that the voter b,
oailOt might preserve secresy rs to his vote
ana tiluS escape The danger Of oppressive
lAAuences. Bu, be this Is i NAV ballot
once cast furnished no means II IDENTITY
ing the voter, who by voting r.ra roce is
seen ana recognized by al present. Unless.
therefore, There Is some other means oi
iuehtllyinS him, there is no security ag-
a4hSl lalse anu Illegal voting. IfIhe voter
Is required 10 present himself personally al
his own place OF abode. hls neirhbors VIII
know MS person, and VIII be likely 20 know
Ills qualifications. II he can Vote elsewhere
and nave his vote transmitted or counted
IN the township, he may or may not be
known personally 10 those who are where
ne Is found, but they are by no means like
~ 10 KNOW his actual residence. nor. II la
violates the law, can his crime DE as readi-
y identified or proven That other means
+ OF protection may be devised IS possible.
Bui the test by neighboriug cye-witne-ses
mas always been the favorite resort OF the
law and Is the best. Bat il is sufficient
ior my present purpose 10 know that.
whether the best or not il is simple aud
valuable The Interpretation, then. which
n0ids uhat The clause requires voting tO be
III me township OF the voters residence
va meant tY scCuic his pivscuCou ,,ieic Dee
Is known, Is not only the primary and nat
ural inference, but Is also founded on a
reason Which IS of some weight in securing
lhe purity VI elections, which is one az the
prominent purposes of the article contain
ing the section in controversy.
The other view which is taken Of this
section must equally hold that the idea OF
locality for some purpose IS imperative
The township Of the voters residence is "a
necessary element in every election. The
eiector must "0ftv 10 rOte- in that town
snip. II this does not mean that be is 10
vote there In person, then some other salts
iavtOry meaning mnst be presented. Thi.
secondary meaning, in order 10 command
OVr respect must possess several qualities.
IL must, IL the first place. be a natural
meaning, such As the words fairly suggest:
lot the language IS ordinary language: aud
Oy every rule of construction must be usel
IN an ordinary sense. IL the second place.
IL must De such as 10 make the provision
suDserve some useful purpose, in protecting
elections; for il would be nothing short Of
absurd 10 hold that voters right were
solemnly restricted by a useless provision.
Whlch the legislative authorities cannot re
construed as meant for any but solemn ana
valuable purposes. And thirdly. il must
be such as 10 subserve the purposes indica-
TED by the Constitution better aud more
completely than any other meaning.
The only other meaning which las beeu
suggested is that the Constitution merely
Intends 20 provide that the vote shall take
eject IN the township where the voter re-
sides. This phrase does not. 10 my mind
convey very clear impression, but the in-
tentlon seems 10 be that the vote shall have
The same effect d II IL had been actually
cast there. II cannot be claimed that any
less than this viii satisfy the Constitution
iOr the voter must offer ~ cote ia that t0scn-
Sh.p and Of course no where else The
language IS exclusive. This construction
appears 10 me 10 be madmissibie on several
grounds. IL Is not q natural Construction.
ana d0es not give reasonable value 10 the
words used. II provides for c0nstruc-
tive voting, when the Constitution requires
expressly an actual vote by ballot some
where and allows no place for tie election
but the township. When tie voters have
all east their ballots the election has been
held and il this has been done ia Tennessee
and the votes are afterward allowed I'm a
township here the election has nevertheless
been held, and The voter has voted ln Ten
nessee The vote must take effect az q vote
AZ the election, on the day and an the place
where The Constitution has fixed the election
/ cannot appreciate the force Of an iuierpre-
tatiOn which ignores the actual vote. and
the actual election day as the tine OF if-
operation, aud finds no oillce for the place
salemnly appointed Dy The Constitution f0r
the holding Of an election. except as place
IN which the votes given al au election held
on the regular election day somewhere else
shall be considered 10 have been given by
legal fiction.
But if the words Will authorize an inter
pretatiOn which will permit a fictitious
presence and vote, i Is not easy % di-cov-
er how any good end Can be secured bv
counting the vote IN one township rather
than another. For the election 0f township
officers they might be ava liable. but these
officers need not. under the Constitution.
be elected by ballot; 50 tha. the provision
could not have been designed for that Dur-
pose. For any but town officers, the votes
may be much more conveniently counted
IN the district electing them, a. tlere must
always be a district canvass. such votes
can "a no sense be said % take effect in tie
township and it is incOnceivabie that such
4 purpose could have ever been deemed
worthy Of being insured bv constitution
a. provision.
H. as have already enleav0red % show.
& constitutional provision must. If possible.
be considered as designed for some reason
able and useful purpose for the well being
Of the state, and If q natural meaning.
plain and obvious. and consistent. and use
iul, suggests itself cannot justify myself
II 4lstarllD- II Tor one WHICH. 10 my mind.
seems far-fetched and unnatural. and which
can serve no useful purpose whatever az
fectIng, or dependent on, the locality which
has been 80 absolutely required by the Con-
stitulon to be the place Of the legal elec-
ton.
I have given ny views al length On the
Constitutional question, a. q mere matter
Of construction. because the provision has
been differently applied by 4 department Of
the Government whose action We are called
upon 10 review. and the case l. one OF more
than usual importance. And a decent To-
spec- for that important body required thar
the reasons Of any adverse decision should
be fully given. Had not the nature Of the
difficulty demanded, should have felt il
ny duty 70 rely only on the historical proofs
bearing On the subject. This Constitution
Is merely the successor, and supposed i'm
prOvement Of q former one. AID : not the
origin Of or state Government. By our
first Constitution il was provided that ~
''citiZen or inhabitant should be entitled 70
vote except IN the district, county OF town
ship il which be shall actually reside al the
tine Of such election" Thls provision j.
il al important respects Ike the one under