The Barre daily times. (Barre, Vt.) 1897-1959, 1919-02-21

the citizens who come up to the pre-.
scribed standards Of qualifications, TO be
exercised by them at the time and place,
and in the manner prearanged by pub
lie law and proclamations.
Vermont was the first new state ad-
mitted to the union, and it came in I'm
der constitution which conferred the
right of suffrage only upon men.
In prescribing the qualification of vot-
ers for candidates to elective offices in
the state and national governments, the
right to vote is restricted TO freemen.
Pursuant TO the power vested in it by
the constitution of the United States, the
legislature of Vermont has provided the
manner in which the election of electors
Of president and vice president. shall be
held, and, since the adoption Of the con-
stitution, that instrument alone has
specified the qualifications of voters at
such election Presidential electors have
been voted for in Vermont since the ad-
mission of the state into the union at
every election, by voters for whose quail
ification to exercise their suffrage we
must look TO the constitution, and to
that alone.
1t is no answer to the foregoing to
urge that the qualification of voters as
provided in the constitution extends only
TO the Offices created by the constitution,
for the reason that in their action at the
several presidential elections from l79l
to the present time, the people of the
state have treated the restrictions Of the
constitution in reference to the exercise
of this suffrage as applying to voters for
presidential electors.
In this respect, if the question of the
right of the legislature were doubtful, 1t
would be a sufficient reason for not pass
ing this bill. 1t seems eminently appro-
pirate that the people of the state,
through their constitution, should deter
mine the qualification of voters for Of
fees in the national government, and for
those who are to choose the chief magls-
trate and vice-president of the United
States, 1t is more properly part OF the
permanent supreme law, than sut9ect
for an act of the Legislature, which may
be repealed at any time, either during
the same session of its passage, or any
subsequent session; which may be the
result of a wave of popular enthusiasm
or hysterical impulse, instead OF the ma
ture product OF the considerate judgment
of the years required for the adoption OF
a constitutional amendment. The pres
emit is a time of abnormal conditions.
Nothing seems sure. Nothing is settled.
1t is difficult for the most calm and sober
mind to realize the actual situation and
form satisfactory conclusion as TO the
legislation needed to relieve the existing
chaotic uncertainty, whether in matters
of finance, Of industry, OF education, OF
labor, or of government.
It is fundamental principle of law
that the constitution of state, framed
by a convention elected for chat purpose
and adopted by the people, embodies
their supreme original will; and, wher-
ever the constitution has prescribed the
qualifications of electors they cannot he
changed or added to by the legislature
otherwise than by an amendment to the
constitution. The constitution OF Yer
mont. from which the legislature derives
its powers, in prescribing what those
powers shall be, adds this express prohi-
bition: "They shall have no power to add
TO. alter, abolish or infringe any part OF
this constitution (chapter j, section g.
It follows that the constitution, having
determined what the qualifications Of
voters for presidential electors must be,
the legislature can pass no act which
shall add to, alter or abolish any OF
those qualifications. ! am advised that,
for this reason. s. s, inasmuch as it un.
dertakes to add to the qualifications OF
voters for presidential electors, pre-
scrbed by the constitution, is unconsti-
Iutional and beyond the power OF the
legislature to enact.
The time appointed by the constitu-
ton lchapter ii, section So for the pro
posals of amendments to the constitution
is very near, and it would seem wiser to
postpone radical action in reference to
the electorate Of Vermont until that
time has arrived 1t may be noted, too.
that, should this action of the Legislature
be held invalid as beyond its power, our
state may be deprived OF voice in the
election of the next president Of the
United States.
Percival W, Clement, Governor,