Year: 1863

To the House Of Representatives, nOo in session:


Your Committee whom referred House Bill No A
entitled An providing for soldiers voting report that
have given the Bill that consideration which deemed its i'm
porance required and of the opinion that its provisions
respect the election of Governor Lieutenant Governor Treas
urer Senators and County officers, unconstitutional


1t due the soldier the supporters of the Bill and
the General Assembly that of the for
opinion.


The important inquiry whether the Constitution has pre-
scrbed the time place and Of holding elections either
of them leave power in the General Assembly pre-
scribe them either of them in the proposed in the
Bill in question


The Constitution Section of Part the Second provides that
the eemen of each Town may hold elections ee and choose
Representative to attend the General Assembly, and Section
of the part provides that the House of Representatives shall
be chosen by ballot by the eemen of every Town this State
respectively the first Tuesday of September annually for
ever We refer above Sections of the Constitution be-
they prescribe the place and time holding such elections
and they important the construction of other parts of the
Constitution hereinafter mentioned.


The Constitution Section TO- provides that Governor Lieu
tenant Governor and Treasurer shall be chosen the following
manner wit =" The eemen of each Town shall the day
of election for choosing Representatives attend the General As
sembly bring their votes for Governor with his fairly

them Votes for Governor and deliver them to the Repre-
sentative chosen to attend the General Assembly And the
opening the General Assembly there shall be Committee ap
pointed out the Assembly, who after being duly to the


faithful discharge Of their trust shall proceed receive sort and
count the votes the Governor and declare the person who has
the major part the be Governor for the year ensuing
And there be choice made then the General Assembly
by their Joint ballots shall make choice of Governor And
the same Section the Constitution provides that the Lieutenant





for choosing the Governor 1t will not be claimed that any cleo
tor of the officers named in the Bill under Constitution
vote by proxy 1t appears hen that the feemen person,
are required bring in their votes for Governor Lieutenant
Governor and Treasurer the Constable The meaning of the
word Constable as used in the Constitution is well under
stood to admit Of doubt He officer Of each Town in the
State chosen by the legal of retrospective Towns and BY
the Constitution such Constable is constituted the presiding Off
Ger of Freemens Meeting He acts such presiding officer
under the sanction of his oath of Office The Constable and
other person. authorized receive the votes from the hands of
the qualified electors and he receive them in the Femens
Meeting of the Town which he is Constable and he has
power to other Town. other place
The Constable and other person. has the custody of the
and by tie Constitution it is made his duty seal up the
and deliver them the Representative chosen attend the Gen.
eral Assembly.


The Constitution provides that the Committee appointed by
the General Assembly shall receive sort ana count the votes for
Governor Lieut. Governor and Treasurer and the inquiry is
What votes shall that Committee receive, and count Shall
thew receive and all that sealed and
written on them Votes for Governor whether taken and
sealed up by the Constable by the officers named in the
Bill question shall the Committee receive, and
such voe and such only taken certified and sealed up
by the Constable the presiding officer of the Freemens Meet
ing? Upon this point the mandate to the Committee cons
tuonay exclusive The Committee confined to the votes
that were by the electors given the Constable and by him
sealed up and certified and the major part of such votes and
such only shall determine who is elected and the results under
our Constitution could not be changed by any votes
given out of this State under the provisions of this Bill


The 5h Article of Amendments the Constitution adopted
in 1885, provides that the emen Of the several Towns each
County, shall annually give their votes for the Senators appo