The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-06-20

as Secures by Constitutional Frsvisisu ara
FIXED ~ 1tatute.

FIXED ~ etatnte-
ALBANY, N. Y, June l9.-The calling Of .
special session of this years Legislature BY the
Governor to preserve. among other things, the
electoral rights OF New York's citizen soldiers
and sailors, absent from the State In the milf
tary and naval service OF the country at the
time Of this years important State election, re-
calls the record heretofore made by the Empire
State in this matter at tho time or the civil war.
Prior to tho year 1864 there was no provision
for soldiers or sailors absent from the State to
vote. The Constitution Of 1e46. which 10 the
present state Constitution since amended, con-
fcrrod. undor certain restrictions. the right OF
suffrage on white male citizens 81 years OF
age and upward. The LeRislAturo OF 1854 sub
mitted to the voters n proposed amendment to
the Constitution as follows:
Provided, That in times of war no oieotor In the
actual military service OF the state or OF the United
States, in the army or navy thereof, shAu be De.
| prived Of his vote by reason OF his absence from sudh
election district ana the LeEisiaturs shall have
power to provide the manner in which and the tine
and place at which such absent electors may vote.
and for the return and Canvas Of their vote in the
election districtS in which they respectively reside.
This amendment was ratified by the voters on
tho 9th Of March. 1864. overwhelmingly. by
| 25s. 7o5 for tho amendment to 4S,079 against
the amendment. In compliance with this au-
thoriSation the Legislature OF 1894, which was
in session until April %, passed a law allowing
absent soldiers and sailors to vote by the somes
what peculiar method Of sending their ballots
to O friend at homo, with . power Of attorney
attached to the envelope. This was literally
voting by proxy. and there was considerable
voting by proxy at that period In New York and
not always by soldiers and sailors only.
The State Legislature on April 81. 1865. To-
pealed the former law for proxy voting by Nb.
sent soldiers and sailors and adopted what was
known az chapter $40 Of the laws Of that year.
providing for the holding Of elections in Damp
under tho supervision OF accredited inupoos
tors, tho results Of such election to be trans.
mitted directly to tho Secretary Of State here.
Tho election of 1865 was held under this
statute. The civil war was formally closed the
next year by the proclamation of the cessation
of hostlitios on Aug. 20, 1865, before the en-.
suing election, and tho statute of 1855 has since
been repealed, so that New York is now without
any precise provision for tho soldiers vote UNI
der the general authorization contained in the
Constitution. which was again ratified by the
voters in November. 1894, whom the present
amended Constitution was submitted to them.
Between 1862 and 1855 o majority OF the
States made provision for the taking Of the vote
of absent soldiers and sailors, but the necessity
which existed In many cases Of amending the
respective State Constitutions to do this enc
tailed considerable delay. ASS consequence, 10
may DO said generally that in only ono gen
" OlOCbiohs an VI
1854, did the soldiers and sailors, as suob. havO
tho FREQ right of suffrage on equal termS with
civilians. The rival candidates at that election
were Lincoln, Republican, and Mcclellan, Dem.
ocrat, and 1t appears to have been thought by
many persons, at that period. that Gen. Mo.
Clellan would receive o large vote from among
soldiers on other than party lines. The election
of 1854, however. showed the soldiers to DO
pretty solidly on tho side OF tho national Ad.
minstration. Iowa, for instance, then one Of
] the new States. voted in camp: Lincoln. II, 31oI
Mcclellan. 1921. Wisconsin voted, Lincoln,
1850; Mcclellan. SPOIL; Michigan, Lincoln.
9.4O2; Mcclellan. 1850; Maryland. Lincoln.
$780,; Mcclellan. 321; Rhode Island. Lincoln.
$50: Mcclellan. 24s; California, Lincoln, 2.60oI
Mcclellan. 237. Curiously enough, New Hamp-
shire was much closer: Lincoln. 2.135; Mo.
Clellan, 1878. Kentucky, a Democratic State
at that time. and divided in its allegiance DO.
tween the North and South. had 1000 Union
soldiers in camp. who voted as follows: lincoln.
1,194; Mcclellan, 1898. Ohio, on the other
hand. then as since in the lead in all political
activities, cast $4,000 votes in camp, thus di.
vided: Lincoln. Al JAG; Mcclellan. 9.757. Presi-
dent Lincoln's majority among the Buckeye
soldiers was 80. 900, or nearly twice as much 40
his plurality among the civilians at home. who
gave the Republican electoral ticket a plurality
of only 1000. In New York, Pennsylvania,
Connecticut. and most other States which made
provision for the suffrage of soldiers and sailors,
the vote cast by the former was included within
the returns of the various counties and was not
separately canvassed.
The present electoral system. doing away with
separate ballots and substituting ono blanket
ballot to be marked by each ~elector. will entail,
. perhaps, one mechanical difficulty in the way Of
suffrage which did not exist in 1865, when sep.
arate ballots were used. In order to enable an
absent soldier or sailor to cast his ballot under
the present system in camp. 1t would be neces-
sary to supply him with q complete ticket con.
tanning the names of all the candidates to DO
voted for. The present electoral code provides
(~section 64)' that q candidate nominated as an in.
dependent has until seven days before the cleo
tion TO file his declination. and one day only 10
given TO fill the vacancy thus created. The ohicial
ballots are to be in readiness four days before
the election and their transmission to a distant
point in Cuba or Porto Rico. for instance. to say
, nothing of the Phil ppines, or to sailors. would
be hardly feasible. 1t Is quito true that this de.
, feet could be obviated by the making ND of q
, separate ticket in camp or on shipboard. though
there is no certainty that such q ticket would
be. or could DO. in all respects. n complete one.
However. this Is a small matter of detail for
, which the Legislature will have no difficulty In
providing sufficiently. The record of soldiers
votes during the civil war shows that their
being in the military service puts no obstacle
in the way Of their exercising their right Of
the franchise which the Legislature cannot
easily remove. Surely 4 citizens self.sacrifce
in taking up arms for his country must not
privilege Of citizenship.
r A Kentucky Heirloom In . jug.
Fo.. l. 49, r