The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-04-05
Suffrage Question Settled-UnanimOus De-
cisiOn Of Supreme COurt-OpiniUn of JUS
Ia H. Innnn nnrunar. 81 MeH. ~.
supreme Cours.

~ sons, over the age OF Il years, VINO nave TO-
sided in the State one year next preceding
any election, and who are citizens OF the
limited States or have declared their inten
tions to become citizens, and also certain
persons of Indian blood, shall be deemed
qualified electors at such elections Then
follows proviso in the following words:
provided that the legislature may at any
time extend by law the right Of suffrage To-
persons not herein enumerated, but no such
law shall be in force until the same shall
have been submitted TO a vote of the people,
at a general election, and approved by u
majority OF all the votes cast at such cleo
ton. 9fy;s 80 rI~ #a
The FIRST question for our consideration
is, what s the meaning of the words in this
proviso, ''appy0red by majority gfoit The
ro.es cast al such eLectaon ?' Three differ
ent constructions Of this clause were sug
"a. gested on the argument --.s. ~.
p list. That it requires that the extension OF
suffrage should be approved by majority
of all the votes, on al suJ9ectsGad Jor a.
officers, cast at such election.
Cd. That it should be approved by ma
iority of all the voters voting at such cleo.
ton. aHEt.3.a
s Cd. That it should pc approved by ma
iority of all the votes thot SUBJECT cast AT
such election --.#.-.... III
Ia the first construction correct What
is the meaning of the word vote? 1t is the
expression of the choice of the voter for or
against any measure, any law, Or the cleo
ton of any person to Office At a general
election there are several officers both State
and county, to be elected, and there may be
measures to be voted on. -
The expression of the choice of the voter
in favor of any candidate for office, by de-
posting ballot for him, is a vote for such
candidate; and if there are several candi
dates FOR different offices, and the voter
votes for each, he casts in so doing as many
different votes as there are candidates for
whom he votes; and it makes no difference
that they are all on one piece OF paper or
ticket. The same voter at an election
where the extension of the right of suffrage
was voted on, might cast one vote In favor
of that measure and if there were ten can
didates for as many different offices, State
and county, voted for at such election, as
there frequently are caet vote for each
of such candidates. If the first construc
ton, requiring majority of all the votes
on all subjects and for all offices, cast at
such election, in favor of the extension of
Suffrage, before it can be adopted, is the
true construction, then the same voter
might cast one vote in favor of the extern
sion, and in voting for the candidates for
the different Offices cast ten votes which
would be counted against the very measure
he voted for. This absurdity involved in
the first construction is conclusive against
it. AA
To adopt the second construction would
be to say that the words Votes" in the
clause in question, meant the same as tile
word 'vOteIs." These are two words which
mean very different things-are never used
synonymous, even in the loosest common
conversation. And yet we asked to
adopt construction which requires US to
find that in such an instrument as the Con-
stitution ola State always made with
great deliberatiou and care, and in which
language is uniformly used with the utmost
precision. the word votes means voters .
Such construction seems to US to be forced
and unnatural. Ii appears to us that the
second construction not only requires an al
teration of the pbzaseology Of the clause,
but Of the clause itself, and such an altera
ton as makes a new clause instead of con
STRUNG the one already made
The third construction is tue most reason
able. We do not see how any other can be
given to the clause. The words added by
this construction, are words which, when
ever the same or similar language is used
In reference to a vote ON any measure or for
any office, are generally understood
According to Section l. Article XII of the
Constitution, the Legislature may propose
amendments to it, and if they are approved
by so majority of tie rcterS c0tiqtg thereon. u
at the time prescribed by the Legislature,
the amendments become part of the Con
stitution. The right of suffrage by such
amendment could be given to colored per
sons 1t is probable that the trainers of
our Constitution required more votes to ex
tend the right of suffrage in one way than
~ another! More votes to approve an act
Of the Legislature comforting the right
when so approved, than to make and ap-
prove any and all alterations of tie Consti.
tuition, including that comforting suffrage
on colored persons? We see no reason for
such conclusion. Nor do we think much
weight should be attached to the action of
the board of canvassers in 1S49 constituting
the clause under consideration The Secrs-
tary of State and the then Clerk of the Sr-
preme Court canvassed the votes at that
time and declared the result. 1t does nor
appear that the highest law officer of tie
State the Attorney General, expressed any
e. opinion, or was consulted on the subject
The next question is did the act author
izing the extension of suffrage to be submit
ted to vote OF the people contain the nee
essary provisions machinery to carry it
into execution? 1t is said that no proyjs
ion Is made for canrassing the votes on
this measure cast at the respective polls,
and no provision for any returns to the
Secretary of State, or that the State can
vassers shall canvass the votes The act
submitting the extension of suffrage to a
vote Of the people (sec. l, chap. 1877, laws
of 1849,) provides inter ALA, for separate
ballot in a separate box at each poll; and.
also, eff at the said election a majority of
all the votes cast at such election shall be
given in favor of equal suffrage to colored
persons, then said section two of this bill
shall be a law" Sec two conferred the
right Of suffrage on male colored inhabi
tants over twenty-One years Of age. The
complaint AYERS that majority of all the
votes cast at that election upon the 'ques-
ton whether the said right should be so ex-
tended was in favor of such extension The
demurrer admits the truth Of the complaint
As matter of history we know that the
returns Of votes on this subject were made
to the Secretary Of State, and canvass
ed by the State canvasstrs. We will moi
now stop to enquire whether the general
laws then in force did or did not authorize
their action For if an issue was Joined de
nying the allegation of the complaint W,
are OF opinion they could be proved So ia,
as they relate to the number of votes cass
on the suffrage question, by tie best legal
proof the nature of the case would admit or
and if the number could be proved in mo-
other way the court might receive the les
tlInony of living witnesses such as the il.
spectOrs, as to the number of votes cast at
each poll.
1t is contended by the respondents thai
olo,y,S lxT,. L l. :. 7