Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1904-09-23
IN ACCORDANCE WITH LAW.
Judge Wheeler Has Something to Say In
Reference to Criticism on His Manner Of
Notinn

Voting.
some criticism has been made uron my
voting at the late election, which, If
the law of the subject were as 1t is
assumed to have been By the learned writ
er, might be well founded I'm reason, If
not in good taste. The foundation of the
| law on this subject was put into the con-
stltution when 1t was framed in 1777,
chapter 2, section 10. II Is that the free
men shall on the day of election bring
| in their vote for Governor with his name
| fairly written, to the constable and the
| Lieutenant Governor and Treasurer shall
/, be chosen in the manner above directed,
and each freeman shall give in twelve
votes for twelve councillors in the same
manner
When Senators were substituted for
| councillors in 1886, it was provided that
freemen should give their vote for Sen
| ators at the same time and under the
same regulations as are now provided for
! the election of councillors" When in
! 1850 the election of Secretary of State
and county officers was taken from the
| Legislature and given to the people, it
was provided that their election shall
be made at the time and in the manner
now directed in the constitution for the
| choice of Senators" And the latest
| amendments in 1870, when annual cleo
tions and terms of office were changed
| to biennial, provided:
/ Governor, Treasurer Of the state, sena-
/ tors, town representatives.. assistant
! judges Of the county court, sheriffs. high
/ bailifs, states attorneys, Judges of pro-
bate, and justices of the peace, shall be
/ elected biennially on the first Tuesday in
September in the manner prescribed by
the Constitution Of the State"
Thus the manner prescribed has always
| been the bringing in by the freemen of
their votes for the officer. with his name
fairly written. to the constable This has
been carefully kept along, and Is the
! fundamental law now as to the form of
ballot and mode of voting, which no legls-
! lature can change, and which cannot be
! changed but by an amendment to the
| constitution. The ballots are their bal
! lots, and the ballot of each voter is his
| ballot all the way to the constable, and
| he cannot be required to have anything on
! IL but the name fairly written, nor to
turn aside into any place of solitude in
! preparing II, or In preaching the consta-
! Bile. Print Is Kind of writing, and
printed votes have been held by the Su-
preme Court Of the State to answer the
requirement that they be fairly written
| ! desired to vote at this election and
went to the polling place. and came to
gate between me and the constable, but
1t was politely opened for me to pass
! through, and forms of ballots were hand
| ed to me. | adopted them as my own
/ prepared them openly In my own way and
! took them to the constable, who received
! them graciously and put them into the
! proper boxes. suppose they were
| counted. II has been suggested that my
/ ballots were prepared I'm defiance of
| law, were illegal and should have been
rejected by the constable. but he knew
/ better than that. The statute invoked
| does not attempt to provide that "A ballot
/ not marked In any particular place shall
/ nc Ill gal. or be rejected, nor provide
| amy penalty for Offering ballot prepared
I outside of such place from which Illegal
ity might be implied No law or form of
/ law authorizes him to watch from whence
/ the freemen come, whether from secret
/ places or free and open spaces. and to
/ accept ol reject their ballote accord
iugly, all he has to do about ballots in
/ thlS respect Is TO receive and deposit them.
/ Ana my ballots were Lot given in defiance
/ of the law, nor in disrespcct to the law
| maNiuc power or the state but in vim
dic1tion Of my right aud that Of every
other freeman in the State TO vote accord
/ ing to the supreme law.
The constitution does not in express
words prohibit other forms OF ballots or
/ modes of voting. but the requirement OF
this form and mode impldely excludes all
others. As to this the judges OF the Su-
prome Court slid in answer to an in
/ quiry by Governor Smith concerning the
corstiontonality of a law for soldiers
voting in different way; 81 Vermont Re-
] p'l - va IN tllNet event the COnsti-
tuition Is to be taken as a clear and full
| mandate and the legislature cannot
change, extend or control its meaning.
] Thus, II the constitution declares that a
thing shall be done in a particular man
| ner or way, II Is implied necessarily that
II shall not be done in any other"
have bad the honor of a seat in each
OF the two houses OF the legislature and
OF six successive elections to one of the
! highest offices in the state by joint assem-
/ blios OF both, and have received many
courtesies from officers OF the state.
for all OF which justly return the highest
| respect to the law-making power of the
! state and all its other departments But
! all who have observed well know that
! legislatures OF the States and even the
! Congress OF the United States sometimes.
through mistaken zeal or otherwise go
! beyond their authority, and that when
| they do the excess is absolutely void
! When right is given by a constitution
no legislature, acting under the consti-
tuition, can take away the right or impair
or obstruct II. In this matter the legis-
lature could not weigh down the voters
simple ballot of the constitution consist
| ing only of the name of the person voted
for with confusing additions OF other
names to be selected from, nor obstruct
the way to the constable by making II
lead through solitary places,
So sacred and strict is the right of the
| freemen of towns to elect representatives
by the constitutional ballot, that IL no
freemens meeting should be warned by
the constable or otherwise, nor any voting
machinery be got out and put up, nor
any votes be supplied. nor any constable
or gate Keeper or ballot clerks be present,
the freemen would have a right to meet
on the day appointed at the usual place
anu organize themselves into a meeting
by choosing a presiding officer, and to
elect representative by such ballots, who
would. according to well established pre-
cedents, to be entitled to and allowed his
seat. The constitution always provided,
chapter l. article s:
That all elections ought to be free
anu without corruption, and that all free
men having a sufficient evident, common
interest with and attachment to the com
munity have a right to elect officers and
be elected into office. agreeably to the
regulations made In this constitution"
These may be old fashioned notions. but
the original constitution itself declares
Article Is: That frequent recurrence to
| fundamental principles" is absolutely
necessary to preserve the blessings OF
lperty and keep government free"
MY vote In this instance was of no
great consequence, but my right to vote
is no less than that of the greatest, and
no greater than that of the least, free
man or the state. and as such Is of
nigh importance to all and should be fully
indicated against the modern tendency
TO disparage individual responsibility or
| freedom.
OF course this would NOT axcl,da ,,ro