Year: 1863




and who shall be declared elected and commissioned as ex
pey defined language could make them and appears
us that the Constitution leaves power in the General Assem-
bly, to pass law by which less shall make election of
such officers such be view of the subject follows
that the soldiers given and from State could
not be numbered among the constitutional for any officer
above named and that the passage such law the Bill pro-
vdes would cheat the soldier by making him believe he had
right to vote while his vote could affect the election.


The Bill in question proposes give the Governor authority
to appoint and commission person persons and send them
Of the State with authority receive other States
and bring send them back elect Governor POSSIBLY
elect the Governor who appointed the Commoners and the
other officers named the Bill But the intelligence and good
of the trainers of Constitution enabled them guard
against such voting and and thereby make certain the pu
rity ofelectious.
The Bill calls for the passage of law by which other officers
than those named in the Constitution amenabc valid law
and subject penalty that could be inflicted shall have the
care and custody of votes and certificates of their passage
from the hands of the qualified electors the proper Canasng
Committee And the Bill effect proposes nothing less than
the passage of law by this General Assembly that shall abo
gate every Constitutional provision relating elections and make
the tme place and of elections and the qualifications of
electors depend upon the will of the General Assembly
Such provisions epugnat the letter and spirit the Con-
stituon and incompatible with our free institutions





Quo Iowa. Wisconsin and Connecticut containing substance
the provisions of this Bill but appears that neither in the
Constitution of Ohio Iowa Wisconsin time place and
of elections prescribed but the power regulate the
committed the Legislature Connecticut at special session
of the Legislature December 1862 passed Act which
tempted authorize soldiers the Army the State
but the Supreme Court of Errors in that State unanimously
decided that in respect the election of Governor Lieut. Gov
Treasurer Secretary Comptroller and members of the
General Assembly, the Act unconstitutional since which
time attempt has been made put the Act operation30
Connecticut X. 591.


1t appears that the Constitutional provisions of that State
ang to elections the time the passed. subsan-
TALLY like la .t48s
At the June Session of the General Assembly of the State of
New Hampshire, bill entitled An act the right of
suffrage the qualified of the State engaged in the Mill
tay and Naval service of their country introduced the
House of Representatives 1t appears that the friends o the
bill had doubts regard to the power Of the Legislature au
horze give his of the State and they under
took obyate the Constitutional objection by providing that the
soldier the army might appoint attorney and give his vote
by attorney The House of Representatives requested the opn
ion the Judges of the Supreme Court concerning the con
tutonaty of the bl and the Judges held that could
by attorney that he could give his Of the
State and they decided that the bill unconstitutional


The Constitution Of Pennsylvania prescribed the place only Of
holding elections and provided in the Constitution of that
State that the Legislature should divide the State into election
districts and that person should be entitled in any
district who not resided during the days. preceding the
time when he should offer in the district where the
should be offered The Supreme Court that State held
ed that under such provision election districts must be terri
tora subdivisions of the State and could not be formed
tended of the State and that offer to vote must be
personally made in the election district where the voter hada right
make the offer and that therefore the Legislature could not
authorize be offered received any place out of the
State-Case cited IN 30M Conn. Report.


1t will observed that neither the Constitution of Connec
cut New Hampshire Pennsylvania has clearly
scrbd the me place and Of holding elections than the
same subjects prescribed in Constitution


The views of your Committee respect to the Constitutional
question involved require that respectfully ask leave to be