, 1865-01-17

at nny moment 10 resist the corta Of cril-disposs
rrso1s against ihe Stste. 4 may DO prudent
viii enable the o5eers I Of the law. aihfuily to e
eeute their tuues in my part OF the State, aud,
selltus tcsl.iaace bo maze, to the law, ia crush
rpsrS jnsf:e. T5e verrslfcits, o. It i pttenpt @ at i
Eurrct or In our State, should be met ny the Or,
snd uriied efforts Of the people to .anlfhi1atei i
Ing and iaw-aliding citizens Of he staie, and
90 ts5 tss ts to
sons, we may venture to hope We shall pass safei
through III peris that still e.r1onsly threaten til
country. Every attempt at insurrection in th
force, wonId involve crime agaInst he Nation:
Government. and won1a. tn tim. he met AMI RI
sisted ~ tho forces Of the United States.
ernment to ma1nt,in peace and good order ,hroagt
ont the whole country, to eubdue the spirit OF r.
| slstsnee to and violation Of the Constitution On
| rebellion. ~'@s ~
TIE MILITIA Law.
onr milti7 law ssems 70 possess !te 1te
country. recommends thorough revision Of Ii
whole act. 0nr Constitution co1templatea tba ~
ganizai;it3n q the militia and b: msde eveEy resi-
! excepted. between tho ages Of t1ghteen and forty
| I'VE years. subject to militia 1uty, and direcf
that M II shall be armed, equipped, ard trained, .
j SOM
/ important amendments we're made 10 the lsW !,
the special session Of the Legislature in 1851 In
iaSy s1s{rE 'sets tp p'9mpy 1epeae in 1859 by the Leg
In my opinion law which would provide 70,
ar1ning cguippng and uaiuins the militia, In tint
Of peace, Would not be acceptable to the people
free from embarrassmeuis, and will require much
time and patient deflberation, to adapt il to the
requirements Of the present unsettled state OF the
county; It's power which ahoald be rcsorted
| NXfFrnN and rf1.Yn $ha 33nn~
means for the administration Of the laws fall, arc
purposely avoided, or 1isrcgardcd. When, how.
eseT; tns state II invaded or threat With in;
xsowed enemy. or ! secret and hidden foe, bent Cd
The destruction Of the Government or the peace
@ 7se Il Il if Ree RfGe 4s 1 o,S1 w
such ~ effective organization Of The militia as will
/, put IT at tue disposal Of the oHlcer Of The
| government, or such actEe OF volunteer portions
oflt, as tnuy le necessary, by the prudent use oI
1t, to promptly and e5ectnaliy restore GOOD order
! and tie falthful execution Of the laws. do poi
believe any system can he effective which does no.
such an organization as will make 1t reliable and
effective when called ont. 1t must be armed.
equipped a and dlsciplinedapaEtially, at lcastI,of
you may take Of the subject, VIC cannot lose SIGH,
Of fact that Congress, under the Constitution
Of the United stnscs, possesses fnl power to pro.
militia and OF calling II forth to execute the lava
ol the ruton suppress instruction and rcpsl In.
yation, and has already 1udclonsly exercised this
the National foEces IT. and Tor o!her purposes, ap
Iyor shall coaaidei atthe condition of The COIN.
state !aw, and he adoption Of new and efficient
organization Of the militia. the necessary oxpen.
set to csrry 1t into execution must be provided by
| appropriations from the treasury.
/ TIE SOLDIERS ELECTIVE FRANCHISE.
The constitution Of the State provides, article 9,
section !: In all elections every white male ctl-
zen above the asc OF twcnty-one years, having re-
election, shall be entitled to vote ut such election;
and every white male inhabitant OF the ace afore.
! eafd. who may be resident Of the Statc at the
hive The riSht of Voting, as Aforesaid: bnt 1A.3 no
such citizen or inhahlt4t shai1 be entitled to vota
except in the district county n which he shall
hon 5th ;lrtiler provides no clcctor shall Be-
deemed to hare lost his residence in thia S:ate ly
1sasoa o. his shf:nes IS; en !lo business o. the Yt
Of the constitution, It has been commended, By
; some, that the General Assembly has no power to
9fosG;s ,y laT for ta'u the S9tes Of our sol;
this rebellion og :ins. the Government ii tic Unit
cd Slater, and The rights. privileges and lmpuni.
ties Of the eius.ns of this stat:, tes a
Rss'a ao sn nss ssan. .aeaa Of faf uo;y as
: have ecne forth, voluntarily, on the huslncss 0!
the United sta,es, and Of this State, to suppress
laws Of the Unltcl States have been substantially
exrasrtated, hecs9.e Of want Of Law OF our
voslns. We say to those brave citizens ol our
State, give mp your pursuits Of life, your business
occupations, tie comforts Of homo, thc cnlcar.
, Incnts Of An1ily, the delights OF life Of peace,
put on The uniform OF Soldier, tic a:mo- of var,
and 60 forth to fight the battles Of CUR coantry,
i rcrpetunte It's blessings. and ecc1rc to US the
e, you arc not 10 yots. Burden yourself With tho
RHO and knapsack tol! through the heat aud cold,
md rerpcxitics snd exposures ot a long IN,
liz down upon the untented field and sa5stst upon
the rzdest fare through the days and nights or 4
long service, dream OF home and that country yon
lcsa 50 well -bnt yon cannot vote Finally, ,pfuase
into the fight AGAINST the desperate enemies Of our
! country. uphold the flag of freedom in the dread
hour ol fearful battle, rush on to death with asyll-
Ing hear; ponI ont your blood freely and die no
bly, for that country whoee constitution ia con.
ftrued TO say-yon shalt not vote. do not SO un-
ii ssreed that - colder, With the prorst qu,l-
ications and residence In the State absent III tho
wEr, may return on tae day Of election and vote,
and thanks 10 the generous Efforts OF the aamfnls-
htron IA an se t. Ect9n
great expense attending this method OF allowing
the soldiers to vote 1t |. attended with very great
ineonvcnieuecto to theservicc, and cannot always be
withdraw portion Of nqr forces from tho cnemy's
country, nd there viii be no time when Ill The
home to attend an ele:,iun. Il. would seem to be
Enjnst to extend this privilege toa portion Of
tscm and exclude 1.heFs; and would subject the
DC ae aa' &c IN
justlcc.to the service and The soldier, by allowing
: suchTf hem ta retrrn as mi;ht for that purpose
receive fuEloughs anal leave OF absence.
nuill be admitted that our Constitution Wis
formed At time when It was not possible to fore
sec or arprehcnd the present condition Of afralrs
In The country. The design and spirit Of the Com
stisution, II Il may be understood to reflect the
10 every citizen, rith ',hs proper quseaions he
state. There was, thc:c IS no design 10 ahridsc,
in any respect this first and highest privilege oi
eyeE citizen. Il cannot he ta,rly nrgaed that IL
fxfng limitations upon the right of eufIeasc, it
! was ever the design Of the framers Of the C6nstt-
tuition to disfranehisc any portion OF the citizens
Of the Stste except as 1t is provided That tbs Cen
eraf Assembly may pass laws 10 exclude from this
right rereo2s convicted OF infamous crimes. Suall
It be insisted then that becansc the Stats vas
fotcsd into Is corsi.ton 70 sollei. more than one
! counties and districts. AL 60 across the border
: into rchellious territory, to secure the fnnda-
mental rights Of the State and the preservation Of
the Union. these yoters, who were required to be
now absent on this business Of he United statcs,
! zcnship- 10 Be- deprived Of giving expression to
their feelings upon matters pertaining to the State
| or national af1aira. Arc they to be met WITH the
70 M
: flcts urnr them punishment for their service,
! end for what the State requested and urged them
! TO dot
Il seems clear to my mind that fair aud liberal
construction Of the Constitution will relieve u
from this unp'ca*an conclusion; hopo1 do the
s1nn5y t se ht
The Constitution which viii authorize the Lesis.
1ature to pass law that will permit eold1ers in
! the field 10 give their votes there, and have them
cent 10 their respective places Of residence in the
Stnte, deposited in the ballot bog, on the dag oi
! election, and canvassed ss other votes arc when
$tnAt. $aftS n$
/ tending to thcir own private sfairs.
1he mode 9f soting Il hy esot the time a1sd e
first Monday Of November, biennially, until other.
! wise provided by law; and "the place Is in the
district or county In which the rotcr shall actu
reside at The Dine Of such election" Shall the
strict letter Of the law here prevail to the extent
Of ofrequfring The soldier who is Egal yoter to be
positively present ut the polls IN person to dcpos-
equally reasonable construction be accepted, thai
II tire honest and legal yoter, absent In the war
! shall by bis agent OF the person or means to be
EEroyided hy Ar, on the aay Of election, preaen
his ballot in his district or county, at tho pi4Ce
voting 10 be deposited for him in the haliot-bo1.
! bc considered compliance with the constitution!
: and do prescribe the nannor in which the ballet
/ shall he given, numbered and counted, md the
r:me Of The voter Wrjttens down; but the:e 1aws
are under the control Of the Legislature. and sub
jcctto nny amendments you may In your wisdom
! fce .Etto make
! Iae whole question is before you, except 60 faz
~ restrictions arc placed upon your action by
! the Constitution. The soldier Il admitted to be i
citizen; Is admitted TO Frain his residence in the
/ district or county where he resided when he en-
tered the service, where he hns fixed it since do
; ing SO. He retaIns every qualification he hat,
| when he became soldier, and may exercise every
right he ever did as citizen, except the essential
one Of voting, unless be actually returns In per.
son, and with his own ha1d depoaits his ballot in
! tho ballot box. The Constitution requires no such
! etr,ct eond,iou Of voting. 1t does not require
the voter to be present to vote. does It require
bis name to be registered, nor the ballot number
| I'd nor does 1t say how ii shall be deposited or
handed ip. The voter IS required to vote by bal
/ Let; unless he vote By balllt, he caunot vote at
all hut he ie mol restricted from making ont his