The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1865-02-01
Supreme Court--JanuaEy Term.
The PEOPLE, er. rel DANIEL s. MITCHELL
AMOS c. BLoDGFu.

- - -
the act OF February 5. 1854, i the sole /
question submitted TO Us. This act was IN /
tended 10 enable. and does enable the quail +
fled electors Of this State. who may be .
abroad in the military service OF tue United .
States. 10 vote a. certain elections. nOtwith- +
standing such personal absence, and makes +
provision for the time. place and manner OF +
voting. and for such safeguards against 4
fraud. as the Legislative judgment regarded +
necessary 10 secure an honest vote, and an
honest canvass of such vote. Il was in ;
tended TO recognize and enforce the idea /
that a citizen voluntarily. or otherwise, /,
abroad upon military duty, for the purposes /
for which our soldiers nOw are. has still
home, and home rights preserved 10 him. /
and that patriotism and LOYALTY are no cause /
for acknowledgements. Had the Legislature
power to pass such an act, This IS the sole
question. and this IS 70 be tried by the COnsti-
tuition Now what y constitution and what
Is lis Office aud controlling power. That Ofthe
General Government Is = delegation OF pow
ers that Ofthe state, restraint upon power,
and which. 50 far Is legislative power Is IN
vOlved would, without such restraint, rec
OgniZe, in the Legislature. Omnipotence.
In the case before Us, has legislative dis
cret.On or power been restricted II so, how
far. In considering this question, We must
De careful 10 conhne ourselves within the
strict limits OF judicial power. The right
Of the judiciary 10 declare . statute VOID,
AMI TO arrest It's execution, IS one which, IN
the opinion Of all courts. L coupled. with
responsibilities so grave, THAI It'll never TO be
exercised except in very clear eases: Tor one
department Of the government is bound 10
presume that another has acted rightly;
and the party who wishes 10 pronounced law
unconstitutional, takes upon himself the
burden OF proving, beyond any doubt that
il is SO.
II IS also very well settled that no statute
is unconstitutional, merely because II Is
wrong in policy or principle IL IS not
enough that II IS contrary 10 sound puOhc
morality, or injurious 10 private rights. In
consistency with rules of law or principles
of equity VIII not make il void. Nothing
will have that elect but 4 dsrect collision
between lis provisions and the COnsstitu-
ton. (Ses Casey, 500; Harris, loo,
/ l64
And 80, on the other hand, In inter
preting 4 constitution, IL Is 10 be read as II
is written. Il should not be construed, for
il is a rule for construction OF Statutes. II
construction Of the Constitution were per-
missible. we might a. well have no COnsti-
tuition, as in such case. II il expresses no
clear and definite idea. Ia positive language
il expresses nothing which can be rule OF
construction. judicial CLOSES and refine
ments are misplaced when laid on H. Care
fully considered judicial implications may IN
deed be made from a Constitution in support
of statutes, int Herer "a defeat statutes,
when such implications are grounded in the
Constitution itself and tend 10 accomplish
its obvious purposes, as we'll as 10 promote
the public good" Upon this principle, why
may not such Implications be made to pre-
soIre RIGHT 10 tho citizen, never surren-
dered nor abandoned, and which. As VIII
attempt 10 show, tie Constitution clearly
recognizes and preserves 10 him.
Now, what are the provisions Of the Con-
stitutiOn which are supposed 10 be viola
tedg Sec. lst OF art. Of the Constitution
Of 1850, relates solely 10 tie qualification
Of electors and prescribes no rule respect
p ing either the time, manner, or place OF
voting. AL this Is left 10 Legislative dis
p cretiOn, and Legislative action is requisite
70 enable the elcctOr 10 vote anywhere. II
simply declares that every white male citi-
r zen, &c. and others possessing certain
qualifications sbal. be electors and entitled
10 vote, but that mo citizen or mhabitani
shall be an elect0y, or entitled 70 cote al
any election, unless he shall be above the
age OF twenty-0ne years. and has resided
} in the township or ward, ia ,r'stch he shall
offer 10 rOte. ten days next preceding such
, election" The second section requires
that all votes shall be by ballot, except iol
township officers. &c. but the form OF tht
? ballot. aud the manner IN winch Il may Ot
, offered, or deposited, is not prescribed
This, again, is left 10 Legislative discretion
and control But il Is said aud urged thai
the ballot should be delivered by the voter
] In person. and that the requirement OF {
sOJe by ballot. shows the Intention o
the people TO be, that the electOl
, should be personally present. No such in
tentiOn is expressed and il the ballot sinai
be delivered personally, it Is because III,
: Legislature so determine. Voting by
, proxy, by ballot or otherwise. = recognized
by law, and few members of corporation,
vote otherwise. ~ the place where the vote
shall be given, ana the mode OF depOsitina
: the ballot, is left To Legislative control, ant
{ personal presence is not made necessary
, 10 constitutional objection can be raised tC
the exercise Of the power 20 vote by ballot
in any manner the Legislature may pre-
scribe in its discretion In fact, the Legs
lature has fun scope and control over the
snbject, and with its action we cannot in
terfere. The Sd and 4th sections have nc
especial bearing upon the question before
Us, for their provisions may as well be exc
cute 4 in one place as another. The 5tt
section provides that no elector shall be
deemed 10 have gained or lost a residence
by reason OF his being employed in the ser
vice of the United States, nor when under
certain other conditions. This section pre-
serves the status aud right OF the eector
and contains no prohibition upon his voting
when and where the Legislature may au
thOrize him 10 vote. and prescribe how he
may do So The soldier is not disfran
chised citizen unless the Constitution eX
pressly makes him such, and | should long
hesita'e before / would by implication, en-
graft such q provision upon that lnstru-
ment If the subject be LETT 10 Legislative
discretion, no other than Legislative DOW
er can disquaiify him 10 vote, or deprive
him Of this high privilege Of citizenship
If the person offering 10 vote be qualified
by age, citizenship, and residence, the Leg
islature may determine how and where hC
may cast his ballot, and in what manner i
fshall be received and disposed Of and how
canvassed. Can We, upon any sound judi
cial principle, hold that an election IN th'
army Is any less a legal one, Of
the soldiers less entitled 10 thS
privileges OF electors, than persons re
naming at his home, il the Legislature is ell
dowel with the power 10 tx the place anC
prescribe the manner Of ballOting and o
canvassing votes think not.
BIZ sec. s, the Legislature IS authorized
to pass laws TO preserve the purity Of cleo
tons and to guard against abuses Of th'
elective franchise. This gives 10 the Leg
islature, as l think, when considered il
connection with the sections above com
mented upon. supreme control over the en
tire subject of time, place, and manner Of
voting, and subsequent cauvassing OfvOtes
as the only positive rule Of the Constitution
respecting votes is that they shall be bl
ballot. Il rlrG UOee vote were allowed
il would be Impossible 20 avoid the cOnclu
| sion that the trainers OF The Constitution
intended that votes should be cast person
ally. and not otherwise: but q ballot may
be deposited as the Legislature sees Il Il
authorize the deposit. = prohibition can
not be implied from words expressly design
ed and intended as descriptive Of or quail
flying q power or right, when Legislative
action IS contemplated, and necessary t
secure the exercise Of such right or power