Year: 1863

Before the adjournment OF the New York
Legislature, bill was introduced to author
ize the So diers of the State to vote by proxy
The bill was clearly unconstitutional, and
in the following message the Governor
recommended an amendment to the Consti-
tuition to enable thes Legislature to pass a
bill that would secure to absent soldier, of
the State the untrammeled privileges of
citizens. The Governor takes occasion to
speak pontedly as to the arbitrary course
pursued by the Federal officials, in attemptl
ing to drive the soldiers to the support of
the Abolition party:


TO THE LEGISLATURES:


The question OF a method by which those
of our fellow citizens who are absent in the
naval and military service of the nation,
may be enabled to enjoy the right of sutf-
rage, is one of great interest to the people
of this State, and has Justly excited their
attention. do not doubt that the men,
bers of the Legislature participate in the
general desire, that those who so nobly ent
dure fatigue and suffering, and peril life, in
the hope that 10y such sacrifices our Naiona
Union he preserved and our Constitution
upheld shall, if possible, be secured an
opportunity for the free and intelligent exer-
else of all their political rights and privileg-
es. The Constitution of this State requires
the eector to vote in The election district in
which he resides, but it is claimed by some
that law can be passed, whereby the vote
of absent citizen may be given by bis
authorized representative. 1t is clear to me
that the Constitution intends that the light
to vote shall only be exercised by the elec
tor in person. 1t would he an insult and az
injury to the soldier to place the exercise
of this right upon doubtful or unconstu-
tional law when it can be readily secured to
him by constitutional amendment.


While my own opinion upon this point is
decided and will govern my action, it is well
to consider the matter under a less positive
aspect. If we concede that it is one Of
doubt, we should not close our eyes to the
possible results Of an attempt TO exercise it,
in view of that doubt which is felt by men
of all parties in both branches of the Leeis-
la,ure and elsewhere 1t is possible that
the next presidential election may be decided
BY the vote Of single State; and if votes
by proxy are authorized, it is not impossible
that such votes would, in such State. decide
in favor of one party or the Other. 1t sure
ly cannot be necessary to impress upon any
patriotic, thoughtful mind the fearfui danger
which would attend the complication of the
disastrous civil war which now aff1icts the
country. by the interpositon of "A well found
ed doubt as to the person rghtfully entitled
to tie Presidential office. The most intense
earnestness and most desperate determine
ton which have ever marked the conflicts Of
men, would characterize such a contest.


The decisions of partisan officers, the
secret plottines. exciting debates and interl
ested concl clusicns of the two houses Of Con.
gress; and the action, more or less violent,
of the people, at period when the public
mind is violently infamed, and when the
principles and rules which have formed the
real strength of our institutions is danger
ousv unsettled, would convulse this comma
nifty. The man must be sangune indeed
who can hope that our National Government
would survive such contests.


II is not necessary that the effort to secure
to our gallant soldiers and seamen just
participation in the choice of the next ad'
ministraion of the National Government
should be. subjected to such dangers. A
proposed amendment of the Constitution,
giving the Legislature all needf | power
upon this subject can be adopted at the
present session. and if concrrred in by the
next Legislature, can be submitted to the
people in such season. that, if their decision
is favorable the action which would be
afterwards necessary could be taken by that
Legislature respectfully recommend tina,
this course be taken rather than the passage
of an unconstitutional law, or one OF ques
tionable validity.


Great care should be taken TO prevent, by
the most efficient checks, the abuses anc
frauds to which the exercise OF the rght OF
suffrage by absentees would be liable
These safeguards would properly be a matter
of legislation after the adoption of consti
tu,onal amendment. Measures should be
taken for curing perfect Independence te
soldiers and seaman in giving their votes
which shall be SO comprehensive and eff
cient as to relieve any reasonable apprehen
sion upon this point,


The conduct and policy of high official.
have caused great distrust in relation to the
freedom from restraint aud coercion whicl
should be accorded to the absentees in the
exercise of this right. The people of the
State will never consent that their absent
bretheren in the National service shall be
debarred, when they discharge the most
sacred duty Of the citizen, from the Ell JOY
ment of that entire freedom of opinion
which they have, by an emphatic expression
at the ballot box, serured for themselves
and which they will firmly maintain. 1t
would be worse than a mockery to allow
those secluded in camps or upon ships to
vote, if they were not permitted to receive
letters and papers from their friends, or il
they have not the same freedom in reading
public journals accorded to their bretheren al
home to aid them in the formation of ,heil