Year: 1863

II the power to confer the right is doubtful,
then 1t Ia proper TO draw arguments from in
convenience to determine what the trainers OF
the Constitution intended by language used
which appears TO bear against the right. But
into this field Of argument We do not propose to
enter. . N


To hold that the clause limits the right to
vote to the county In which the right is claim
ed, does no violence to the language used. To
hold otherwise argues out of the Constitution a
plainly written phrase. y a-


Nor is this phrase without meaning. It is
easy to say that the trainers OF the Constitution
were only attempting to define voter in the
abstract. But II is hard to believe that they
intended to frame Constitution for an cleo
tive government, and no where n It, 10 any
manner, attempt to define where the right of
an elector should be exercised. II we give
to this clause It's natural land We think necessa
Ed meaning, this ia clearly and succincty done.
II the meaning oontended for, the whole sub
ject Of where the elector shall exercise his
right Ia left open to legislation, and inasmuch
as Legislators are the judges of the expediency
Of law where they have the power to enact
IL, there is no limit to the length they may 90
in this direction. a.


Had the plain men Of the country (and they
are they who adopted it) been told that under
this clause an election might be held In Mis-
souri, or Tennessee, we can but believe that
from the plsinreading of the clause they wonld
have regarded the objection captious. And It
is such construction, il we can arrive at il, as
we believe those who adopted it, put upon il
when they accepted it as their fundala entail law,
that We are bound to give to it, rather than one
which may be sustained only by the refinem ents
of learning.


Such men had been accustomed to see man
claim bis vote by presenting himself at the
polls and Offering his ballot to be received and
counted by the judges Of an election, and when
they read in the draft of the Constut on, 10
addition to bis other qualifications, that he must
be resident "of the county in which he claims
his vote" the idea Of his claiming il Ia apy
other manner than that to which they had been
accustomed, would never enter theIr minds -
They would not suppose that under the phrase,
by a hctlon OF law, man could be held as
Claiming bis vote in Iowa county, while he was
presenting it in Tennessee, Though familiar
with the Idea that man may be resident of
county without being all the while in person
there, they were not with the idea that man
might claim his vote 10 county and State
where he vas not.


Corporations for pecuniary profit, often hold
their elections where it will best subserve the
convenience of the stockholders, provided their
charters will allow, and even vote by proxy,
but thata civil corporation should hold an elec-
tion out oi the State 10 an anomaly.


We cannot believe tn lt any man at the adopt
ion OF the Constitution regarded it's meaning
in the light cli med, much less any Of its ftam-
ere.


Nor do we see any necessity for holding, be-
cause we hold that the clause requires voter
10 claim his vote in the county OF his residence,
that the Legislature may not limit township
school district and corporate elections to the
residents within their respective boundaries.


Believing the clause requires a voter to claim
bic vote in the county Of hs residence, we must
hold such as we're cast outside illegal, and there's
lore reject them ......... ....


We come to this conclusion reluctantly, for
the reasons that we hold 1t eminently just that
those noble men who have been drawn away to
peril their lives to maintain the law should not
be deprived of this high and distinctive right Of
citizenship except for cogent reasons, and be-
cause IL always becomes tho modesty of an in
ferior judicial tribunal to bow to he wisdom Of
the Legislature, leaving to the Courts Of the
last resort, the task of deciding their acts 40.
constitutional unless { ey are palpably 60


10 the soldiers we have no apology; be-
lieving that no class of men are more desirous
than they that the Constitution should be faith
fully maintained.


N. w. ISBELL, Judge, etc