Newspaper Page Text
EDITED BY LEY I I.. TATE, rKOPRIETOR
SATURDAY MORNINO, SEPTEMBER 6, 18C3.
The Preservation of tUo Constitution,
The Restoration op tiik Union,
And the Supremacy or the Laws.
DEMOCRATIC STATE . NOMINATIONS.
OKORflE W. WOODWARD,
OF LUZERNE COUNTY.
JUDGE OF THE SUPREME COURT,
WALTER II. JLOWRIE,
OP ALLEGHENY COUNTY.
LEVI Ii. TATE,
OP COLUMBIA COUNTY.
( Butcl Co the Uceltlon oftho Senatorial Conference)
GEORGE D. JACKSON,
OF SULLIVAN COUNTY.
JOHN C. ELLIS,
OP MONTOUR COUNTY.
( Subject to tho Decision oftho Rep. Conference) . )
JESSE COLEMAN, of Orange.
REGISTER & RECORDER,
'JOHN G' FREEZE, of Bloomsburg.
DAN'L. McHENRY, Fislilngcrcck-
T. J. VANDERSLIOE, Hemlocii.
JOHN R. YOHE, of Mifflin Twp.
WE T. SHUMAN, ol Caiawlssa.
ZJ- " I INTEND, FOR ONE. TO REGARD AND
MAINTAIN. AND CARRY OUT. TO Tim FULL
EST EXTENT, THE CONSTITUTION OF TMC UNI
TliD STATES. WHICH I HAVE SWORN TO SUP
PORT IN ALL ITS PARTS AND ALL ITS PRO-VISIONS."-Damii.
"NO DODY OF TROOPS IN THE ARMY OF THE
UNITED STATES. OR OF THIS COMMONWEALTH
SHALL HE PRESENT, EITHER ARMED OR UN
ARMED, AT ANY PLACE OF ELECTION WITHIN
THIS COMMONWEALTH, DURING THE TIME OF
SUCH ELCCI ION."
05th Stc, 0fj3ct of AitcmUy of Penniyhanla, 2mf July,
The following meetings will be held in
Columbia County during tbo weeks fol
lowing the September Court :
Buokhoro, Monday evening, Sept'ber 14th.
Jeruoytown, Tuesday afternoon, " 15th.
Bloomsburg, Wednesday ovening" lGth.
Orangcville, Thursday afternoon,'1 17th
t :i. pi ..n: it ii
jjut wivik, a uurauuj uvuuiug,
Slabtown, Friday afternoon,
Cattawissa, Friday evening,
Benton, Thursday afternoon
The afternoon meetings will bo held at
1 o'clock, those in the evening at 7.
Daniel Ermestrout, Esq., of Berks,
and others will address the meetings.
CoL. Piolett of Bradford will speak at
Orangcville. W. II. JACOBY,
Chairman Dem. Stand. Com.
Ihe Democracy of Columbia.
Wo have been an active participant in
the movements of tho Democratic Party of
Columbia for over a quarter of a century,
and never within all that time, did it
present a moro united and healthy organi
zation, than was evinced on last Monday ,in
the General County Convention. The
faot, that every nomination was made by
acclamation, is a high endorsement of the
candidates, and a strong guarantco of thior
triumphant election in next October. All
well-informed and candid men, admit that
'Old Columbia," will inercaso her proud
appellation at tho General Election, as tho
"Star of the North" to about two thousand
Friday next, Sept. 11th, is named as
tho timofor the meeting of the Democratic
Senatorial Conference for the Thirteenth
District, at Frcezo's Hotel, in Danville, at
12 o'clock, M.
Da; Pee John attempts to laud General
Jaokson, and denounces his uniform sup
porters, as wc havo been through life, as
"tories." This is oool for a fellow who
never gavo a vote for Gen. Jackson in bis'
life, neither did his father or father's
Father, but all united in "glorious har
mony," in traducing tho character of tho
Hero of New Orleans, and even persecuted
both him and his wifo to the Grave
General Jackson says to Dr. John,
and his abolition crew ;
"Sir, the Abolition parly is a dislotal
organization. Jts pretended love for free
dom means nolhtng more or less than civ
il WAB AND A DISSOLUTION OF THE UNION.
Honest men of all patties should unite to
expose their intentions and arrest their
progress." Andrew Jackson.
Step into the Court House, to-day, and
eeo the "animal show." An Abolition
Sleeting, Largo premiums will bo paid
for political scape-goals to run the clcotion
gauntlet in October.
Billy Button " of tho Wyoming
Niggtrhead, in volunteering advico to the
democrats of Columbia, admonishes them
to beware, lest "Dr. John's Parrot gun
throws Greek-fire into tboir citadel." The
advico of Mr. Button is not wholly with
out meaning. Thoso who know tbo ef
fusion, used by those two worthies, would
about as soon encounter Greek-fire as
,., . , .. .,
made on Inst Monday, by tho Demooratlo
Uounty Convention. Tho candidates will
oomparo favorably, for charactor and qual-
iGoatlons, with any hcrotoforo selected by
tho Domocraoy of Columbia. They are
generally men of oxporionce, ability and
integrity and will mako very cfiiciont offi
cers. The nominations wore all mado by
Being a modest man mid somewhat in
terested iu tho Senatorial nomination, wo
will only copy what tho Editor of tho
Star of tlic North says on that subject :
''Hon. Levi L. Tate, was recommended
by tho Convention as a candidate for Stato
Senator from this county. Should ho
succeed in getting the Conference nomina
tion his election in tho District is sure, and
ho wouid mako, with his legislative expo
rienco, an activo and energetic member of
Hon. John C. Ellis, of Montour, and
Hon. Geo. D. Jackson, of Sullivan, were
nominated for Members of Assembly.
These gentleman were members last year
worthy, honest and competent haviug
served to tho general satisfaction of their
constituency. Their majority, in tho Dis
trict, cannot fait short of 3,000 1
Jesse Coleman, Esq., received the
nomination for Prothonatary and Clork of
the several Courts of Columbia county.
Mr. Coleman has proven himself a man of
great popularity with tho people, or ho
could not have secured the nomination
over his competitor Mr. Eycrly who
has discharged the duties of that office to
general satisfaction for over thirty years.
Tho new nominco is a good English and
German scholar socially and morally an
excellent gentleman and will no doubt
prove an efficient officer.
Mr. Eyerly's letter of declination to
tho Convention, is printed with the pro
ceedings, and reflects credit upon the head
and heart of tho retiring veteran Prothon
otary. Col. John G. Freeze, is the nominco
for Register and Recorder. As he is also
a somewhat modest man and connected
with this paper, wo copy again from tho
Editor of tho Star, ''John G. Freeze,
Esq., received tho nomination for Regis
ter and Recorder, which office he now fills
as Deputy, without opposition. For this
office no bolter selection could have been
made, making the action of tho Convention
highly commendable? Tho people of tho
county can congratulate themselves on hav
ing an honest, upright and sound Democrat
as their candidate for Register & Recorder
one who will attend punctually to the
duties of tho office. Ho will bo a worthy
successor oftho present incumbcnt,DANiEL
Lee.- His election will be by not less than
1200 majority should ho havo an opponent
on tho Republican ticket.''
Daniel McHenry, Esq.,-the candidate
for Treasurer was nominated over a very
worthy gentleman Henry BittnabenScr,
Esq., who declined coming into tho Con
vention and thii is tangible evidence of
the estimation ho is held with his follow
citizens 5 Mr. MoIIenry has all tho ele
ments of popularity and tho rcqusito qual
ifications for an efficient officer. Youn"
and active, polite, energetic, honest atd a
good accountant, ho must make a first
rate County Treasurer. A decondent of the
largo and respectable stock of McIIenry's
(whose name is legion) and all sound
democrats, his nomination will g'uo great
strength to our ticket.
Tiiomas J. Tanderslice, Esq., tho
candidate for Commissioner, is a thrifty
Farmer, a good Magistrate and an unwa
vering Democrat. He brings all the com
bined advantages of maturo judgement,
honesty of purpoio and practical ability
into tho Board. Esqiro Vandcrslicc will
succeed William Lamon, Esq., who has
won tho reputation of being one of tho best
Commissioners wo ever had and wo trust
ho will prove a suitable successor, to the
retiring President of the Board,
John R Yoiie, Esq., who lately retired
from that office, has again been nominated
for Auditor. With his past cxperienco in
his favor, and a high record as a democrat
in whom there is no guile, tho namo of
Mr. Yoha will add strength to our ticket
and mako the majority almost unmoroi
fully great at the general Eleotion. Woo
to tho "poor abolition nags" who may
risk their lives and fortunes against tho
Columbia Democratic Nominees.
The 'Smut Machine' this week, is quite
derelict in duty. It fails to abuse the
Democratic Ticket. IIopo ho won't at
tompt to praise any of tho nominees
that would bo worso than ''Greek Fire."
Jeff. Davis, following the cxamplo of
tho Lincoln Administration, u about to
call out 600,000 negroes for the rebel
army. They aro to have their frocdom
and 50 acres of land after the war.
Dr. Pec John is loud in his exposition
of tho ig?ioranceol Doraocrals. Ho char-
gcd this upon tho back townships, whero
be says they can only make their mark !
Go it, Palemon,
. , ', . , ,
We aro mdobted to Col. Freezo, for a,
. ... ,, , '
vory correct likoness of tho noxt Governor
of Pennsylvania. Tho
for sale, at his office
Colonel has them
We aro informed that the Draft for this
District, is to tako place at Troy, next
RLOOMsnuHO, Sept. 4, 1803.
Iu roply to your loiter of 22nd of
A. .-...-1 J.. I-.., i - CTI1! ..... T
unburn, in reunion to ooiuicr-voting,
"avo prepared and now transmit ;
1 1 aP" 1wmcu contains ",0 '
I am, Dear Sir,
Very truly youra,
0. R RUOKALEW.
Hon.- Geo. Scott, Gatawissa,
An examination of the Statutes , Ik
cw'on of the Supreme Court, and proposed
Intendment to the Constitution vjwn the
subject of civil Suffrage by Citizens of
Pennsylvania in Military Service.
By an act of the General Assembly,
passed 20th March 1813, it was provid
ed: "That whenever any oftho oitizons
of Ibis commonwealth having a right to
voto at a goncral election, shall bo in ac
tual military service under a requisition
from tho President of tho United States,
j or otherwise, on the days appointed by law
for holding general elections within this
commonwealth, each and every suoh citi
zen shall bo entitled to exorciso the right
of suffrago at such placo as may bo pre
scribed by the commanding officer of the
company, or troop, to which ho or thoy
shall respectivo'y belong, as fully as if ho
or thoy were present at tho usual place of
election, any provision in any act or acts
now in force to tho contrary notwithstand
ing provided however, that no such elec
tion shall be hold if tho company or troop
to which Buch person or persons shall bo
attached, shall be within two miles of the
usual placo of holding elections, at tho
time of holding such election."
By tho second scetion, "tho captain or
commanding officer of each compauy, or
troop, shall act as Judge, and the first
lieutenant or second officer in command,
shall act as Inspector, at such election, so
far as shall relate to tho proper company
or troop to which such officer shall belong."
There arc other sections regulating re
This old statuto was superseded by the
forty-third and somo of tho following sec
tions, of tho general election law of 2nd
July 1830. The 43d section of this law,
reads as follows :
"Whenever any of tho citizens of this
common wealth, qualified as hcreinboforo
provided, shall bo in any actual military
service in any detachment of the militia
or corps of volunteers, under a requisition
fiom the Pesidenl of the United States,
or by the authority of this commonwealth,
on the day of the general election as
aforesaid, such citizens may exercise the
right of suffrage at such placo as may bo
appointed by tho commanding officer oftho
troop or company to which they shall re
spectively belong, as fully as if they were
present at the usual place of election : Pro
vided, that no member of any suoh troop
or company, shall be permitted to vote
at tho place so appointed, if at the timo of
such election ho shall be within ten miles
ol the placo at which ho would be entitled
to vote, if Dot in service aa aforesaid,"
Tho forty-fourth section is similar to the
second one of the act of 1813 above men
tioned, except in the new provision it con
tains, that in case of ttio ncglcot or refu
sal of the officers designated, to serve at
such election, tho officers "next in com
mand" in companies or troops, shall act
as judges and inspectors. Tho proceedings
for conducting such elections shall, as far
as practicable, bo the same as thoso at or
dinary gcucral elections. By the forty
fifth section tho manner in which tho offi
cers holding Euch elections shall bo sworn,
is directed. Tho forty-sixth expressly de
clares that all penalties upon officers and
electors for violation of law at ordinary
elections, shall extend to these provided
for by tbo act. The four sections next
following, relate to returns and to the
enumeration of votes by return judge.
It is to bo remarked, that all tho roturns
directed to bo made are to bo transmitted
through the mails.
Under these acts, or rather under that scnption of an elector, has a complete
of 1839 whioh stands in placo of tho older1 right to vote of which no Legislature can
statuto, it is plain, that persons drawn lor deprivo him, and upon tho man who is do
tho military service of the United States' ficiont in any one particular here mention
under the conscription act of Congress of cd, no Legislature can confer the right.
3d March 18G3, aro not authorized to vote. It is not in the power of Judge, or Gov-
Ior tuo act ot 1830 applies only to "rc- crnor, or Legislator, to chango ono hairs
tachmentu of milit'ui" and to "corps of vol- breadth the electoral requirements hero
witcers" in scrvico under Stato authority, 1 recited, and they aro each bound by
or under a requisition upon the Stato from 1 solemn oath to suppott tho Constitution
tho President of tbo United States. In' which contains them.
1839, and always previously, conscription' Let tho words relating to residence in
by tho United States was quito unknown,'
and no provision was made for persons
who might bo drawn into scrvico by it.
Theroforo, even if this law should bo held
valid, conscripts could not voto undcr it.
Thoy, like citizens in civil lifo, would bo
obliged to voto, if thoy voted at all, in
their proper home election districts and not
el so whero,
Again, the act of 1830, following the
cxamplo oftho act of 1813, provides only
for votes to bo given at tho general elec
tions, which , by our Constitution aro fixed
on tho second Tuesday of Octobor of each
It follows, that thcro could bo no vot-
ling under this, law at Prosidontial clcc-
tions, at tho annual spring elections, or at
municipal or special elections fixed at oth-
ot times within tho yoar than tho second
ii.110.rl . n. , r,.
luesday of Uotouor. At none of theso
. . r..n-.. . i - -in
flan Inn rirnt m niiflrnrrn hi nvnrfl snil "nn
h(J flay of tho gonoral cIoclioD) aB afore.
I suiu, tu nuiuu ueeuiuu iuu privileges ouu-
fsrred by tbo act aro limited
Nor does it eeeru contemplated, or rca-
Jsonably possible, that elections should be
Hold under tlnl art, except in companies
or troops under cuiupleto stato organiza-
with citizen officers. Tho command-
ing officer of tie troop or company is to
fix tho placo 0 election, and tho officers
arc to hold ii, to bo sworn, and to mako
returns. Only citizens of tho Stato, or
persons owing nllegianeo to her laws, can
bo directed by hor (0 perforin such duties.
Ground has alrcadj' been shown for hold
ing that oitizons of this Stats who volun
teer into companies raised by other States,
or dircctlv into tho scrvico of the United
States, independent of Stato organization, quite as clearly condemns it. "Having
cannot vote : For tho sumo roason of ex- j resided ten days immediately pre
clusion applies to them that applies to ceding such election, &o., ho shall enjoy
Unilod Stales conscripts, to wit ! that they the rights of an elector j" so says tho
aro not includod in the terms of tho act of ,
1830, But boyond this, whero tho offi
cers of any troop or company, tho mem
bers of which are qualified to vote, shall
neglect or refuso to appoint, to hold, or to
make return, of an election, the whole pro
ceeding must fail ; and where such officers
aro not citizens of this Stato (which may
bo often tho ca&o) thoy cannot bo punished.
Thoro can bo no prctonco of power on be
half of our Stato to extend hor laws civil
or oriminal over persons boyond hor bor
ders in United States service, and who
owe hor none of the duties of citizenship.
I assumo that the act was intended to
havo operation and authorize voting as
well boyond as within, tho State limits.
Notwithstanding rcspectablo professional
opinion to tho contrary, this conclusion
may be drawn from tho following points:
1st. that all the election returns aro to bo j
mado through tho United States mails
which can convoy tbom from remote points.
2nd. That military service rendered tho
United States by our citizens, will usually
bo service boyond tho Stato boundary.
3rd. Tho practice under tho act in 1847
during the Mexican war, and 1801. 4th.
Tho inequality of allowing somo qualified
soldiers to vote and excluding others; tho
enjoyment of tho right depending upon the
oircumstancc of place at tho time of the
election over which the voter, being sub
ject to military orders, can exercise no
control. Lastly, may bo considered, the,
situation of tho State and country when tho ,
act of 20 March 1813 was passed. In the
spriDg of that year tho invasion of Cana- This provision relating to tho district
da was intendod. Strong efforts were residence of voters was not in existence
to bo mado to obtain control of tho lakes whon the act of 1813 was passed. It was
and of the country boyond them; to re-j one of tho amendments mado to tho Con
trievo tho Hull disaster ; to chastise the , stitution in 1838, prior to which time only
savages, and to secure oursolvcs against a State residenco of two vnnr wn m.
insult and danger along the entire border.
Pennsylvania eoldicn wore then in the
army of Gen. Harrison in Northern Ohio
and at other places bevond the Stato lines.
and tho military operations in which thev
nim in r,i;.m.i. i.. i, t. 1
..w.w w f M,wiu, nvjiu niou iv uu liou- i
duotcd beyond them. Undcr theso circum
stances this act to authorize soldier-voting
was passed. It wag probably intended to
encourrgo enlistments and volunteering,
and to operate extra-tcrritorially, atplaoes
outsido the State, to which militia and Yl I
untecrs were to bo sent.
Hving now shown tho terms and ex
tent of the law regulsting suffrage by per-.
sons in military servico, wo may procoed
to cxamino tho question of its validity. '
For that has boon assailed and judgment '
1. '. 1 : L .1 . 1 t 1 r '
uua gouu uguiusi, iu uc wgncsc court 01 j
m, 1 , . -
the commonwealth. Tho statuto is pro-,
uuuuucu ujr uiiu v-uun. iu uu uu iaw uuu
void, becauso it contradicts tho first sec
tion oftho third articlo of the Constitution'
of Pennsylvania. That section roads : '
"In elections by tho citizens every
wuito ireeman 01 mo ago 01 twenty one
years, having resided in this stale one
year, and in the election district where he
offers to vote ten days immediately pteccd
ing such flection, and within two years
paid a stato or county tax which shall
have been assessed at least ton days be
foro tho election, shall enjoy tho rights of
an elector," &o.
This is tho fundamental law which ex
cludes nil other law inconsistent therowith.
Tho man who falls within this exact do-
an election district bo taken according to
' their plain meaning, and as thoy must!
havo been understood by tho peoplo when
adopted by them as part of tho Constitu -
tution, and what do thoy import? Clear-
ly, in any given case, theso three things :
1st, the existence of an election district ;
2nd, residence therein for ten days, and
3rd, an offer to vote there. But tho act of
1839 utterly disregards all these condi
tions upon which suffrago is mado to do
pond, and attempts to authorizo elections
without them. It establishes no election
districts; it adopts for its purposes nono
already formed ; and it neither requires
nor contomplatca any fixed rosidoneo, or
any offer to voto, within a district. Tho
word district includes tho ideas ot territory
and boundary, and the term election dis
trict, as used and perfectly familiar in this
State, means a limited portion of territory
within which tho right of suffrago may be
exercised by qualified rceidonts thorcof,
and to which, as to them, that right is re
strained. Tho act of 1830 like that of 1813, au
thorizes "the commanding officer oftho
troop or company" to appoint the placo of
election, but this has nothing to do with
tbo formation of districts, and nono aro,
in fact, to bo formed or established. Fix
ing places of election selecting tho preciso
spots within districts where voting is to
tako placo is quito a different thing from
establishing districts, and if it wore not,
tho legislature could not delegate its pow
ers for such purposes to a military officor.
But tho non-requirement of a fixed res
idoneo ol tho voter at tho plaoo of voting,
for tho purpose of suffrago under this law
Constitution. "Being in actual military
service on tho day of election, lie shall
enjoy the right of suffrage, fco," Bays tho
statute. No previous residenco whatever
is required at tho placo "whero ho offers
to voto" at tho place "appointed by the
commanding officer of tho troop or com
pany" even if such placo oould,by somo
itrango uso of language, bo called "an
election district." Ho may sec this placo
and the region about it, for tho first lime,
on the vory day or tho very hour when ho
votes, and may loavo it forever a moment
after his voto is given.
But it may be said (and nothing clso can
be said), that ho votes by virtuo of his
continued residence in his proper election
district at home; that such constructive
homo residenco fulfils the requirement of
tuo Constitution, and enables him to vote
at tho "place" whero ho may happen to be,
But this argument is utterly shattered and
destroyed by citing against it tbo strong,
clear words of tho Constitution itself:
''resided" utcn days" "in the election
district WHERE he offers to vote I"
Indisputably, by these words the placo
where a citizen may voto is constitutionally
declared to bo within tho very election dis
trict of his residence, or, as said by the
Supreme Court "construing tho words
according to their plain and literal import
they mean, undoubtedly, that tho I
ossessing tho other requisite qual- j,hc militia or oorP3 of volunteers," contin
. is to have n ten day's residence ' ucs " undcr a requisition from the Presi
lfications, is to have a ten day
in an election district, and is to offer his 1
ballot in that district." 1
1 quired. An examination of tho debates
j of the Convention which framed it, will
'show, that it was intended to secure clec-
'tinns gainst fmitf. ami tn W il,,.
' O '
Ktrnntinr. nnw ;n nml roliioli ;n;.i
, . , , . . .
uy its very language. ,
K . , .,-, v . i -i
persons having a district residenco
-n-mi .. l 1 .1 i- . .
were nlloWGd m voln hfivnnil llmir ilwtnr-i
boyond the neighborhoods whero they
. " j -
aro known and even (as in cases undcr
this act of 1839) beyond tho limits of tho
Commonwealth tho very frauds, irregu
larities and confusion which tho amend
ment waa intended to prevent, would como
into cxistenco, to degrade tho elections and
afflict tho people. But if tho act of 1839
were held to bo good law, tho lcgislaturo
could authorizo, not soldiers merely but
. . ......
other citizens, to voto outside tlioir proper
districts and at remote points, with all tbo
evil consequences just svaicu.
Untenable, however, as is this position
that homo-residence may bo mado to sup-
p nort votinir abroad condemned aa it mav
bo b tbe funUamentol bw and by rcason
. , . 1 ,
t..la Ia An m a n . , ,lA.l-.nn am
ll JUlUI3 IU 41 U ILUpUllUll. UUllllUU Ul
principle of law which is next to bo con
sidered. The oitizons who composo tho detach
ments of militia and corps of volunteers
mentioned in the act of 1839, do not loso
their claims to bo considered residents of
the Stato and of their respective election
districts, by entering into military scrvico,
for temporary periods, and undcr the or
uors or at tuo yistanco ol tlieir fctalo gov- doubtless bo convenient and effective in
crnmout. They are justly considered ns'j of a prcsident who desired a rc-clcc
temporarily absent upon tho public busi-1 tioiJ or ,csircd to select his successor,
ncss, without suoh surrender or waiver of, Aa Commander-in-Chief of all in military
tneir citizcn-rigiits as would lollow an
ordinary removal of a citizen into another
Stato or country. This most reasonable
and just tlootrino is completely supported
by authority and stands suro.
Residenco within the Stato or district
docs not rcquiro for its maintenance) the
constant bodily presenco therein of tho
individual who claims it. Uc resides thoro
if bo havo there his domicil. or (borrow-
ing a good word from a Saxon instead of
1 a I'at'n original) his permanent placo of
If be go forth at tho command of his
Stale, to breast in its behalf tbo shock of
war, he docs not loosen his grasp upon
, his homo, and when ho returns to that
homo, perhaps scarred and broken, he re
sumes tho exorcise of his electoral rights
as if he had bcon always thoro corporeally
This dootrino of home-voting resting
upon homo-rcsidouco, is supported by com
mon usage at our elections, and by the
very docision of tho Supremo Court now
under review. Hundreds or thousands of
voluntcors nnd militiamen havo so voted
in this State sinco tho outbreak of tho war,
and thousands will so voto at tho cenoral
I aUi;i. ii. .i it.. i
uiiibiiuu uuw uuui uuumii. nub iuu clear
ness and certainty of this right tell with
decisive effect agaiust the lawfulness of
voting abroad, and must oblige an advo
cate of tho latter to maintain, that an
elector cau hayu two legal residences at
ono time, or that ho can voto at cither of Appeals aro now mado to coldicrs by
two different places or clcctiou on tho same parly nowspopers and orators, to oppose
day Judgo Woodward at tho coming election
It remains to say, in this placo, that tho because, in the regular oourso of his duties
Supremo Court has not decided that soldiers I10 was obliged to decide the question of tho
cannot votci but simply that all citizens, constitutionality of tho act of 1830, and
whotltor soldiers or civilians, must voto in' did dcoido it, along with other judges of
accordauco with tho Constitution of tho tho 8uprcmo Court, honestly and truly
Commonwealth. Tho opinion of the Court, Neither ho nor his collcaguos could
which will bo found in tho Gth volumo of change the Constitution. Thoywcroj a
Wright's Reports, pago 403, is most full, honest men, bound to dcolaro it as (hoy
forcible, nnd satisfactory, and should bo found it, and apply it to tho caso before
read by any 0110 who desires to form an them. That their decision was correct
intelligent and final opinion upon tho Bub- nnd stood upon sound, doncst reasons,
jcot to which ic relates. I has been shown in tho foregoing cxmina.
In conscqucuco of tho decision that tion of it, nnd will still moro clearly np
soldier-voting, outsido of proper districts, pear upon an examination of their pub.
was unconstitutional, a Joint Resolution lislicd opinion. The conclusion is Micro
proposing nu amendment to tho Conslitu- fore cloar, that instead ol incurrinn cen.
tion was brought forward at the lastsossion
of tho Legislature, and wan passed by an
unanimous voto in both Houses. That
proposition is as follows :
"There shall be an additional section to
the third articlo of tho Constitution, to bo
designated as section four, as follows :-
Section 4. Whenever any of tho riual-
l.s, t.i nl ttiillfnrt. &net,inn tindftf- n '
requisition from the President of the United
States or bv tho authority of this Com-
monwcaltb, 6uch ekcton may excrciuo the
right of suffrage, in all elections by tho
citizens, under such regulations as aro or
shall bo prescribed by law, as lully as if
thoy were present at their usual place of
If this proposition should be again ap-1
proved or passed by tbo next Legislature,
it can tbon after a notice of three months, '
bo submitted to a vote of tho peoplo for
thoir adoption or rejection, and upon adop
tion by them- would become a part of tho
It will be observed that this proposed
amendment follows in part only the pecu
liar phraseology of the act 1830, in desig
nating the persons iu military scrvico to
whom it extends. It fp'aks in tllo lan
guago of that act, of persons " in any
actual military service, " and then, drop-
PiuS tl" words, "in any detachment
dent of the United States, or by the au
of this Commonwealth." The
effect of tho suppression of the words
btalcd, is not perfectly clear. Tho word
"requisition" in tho act of 1839, moans a
call or demand made by tho President
upon the State. If it is intcLded to have
the same meaning in this amendment,
PorunP3 ,llcro is 110 cI,!,nSR of tce Pr-
duccd by the suppression, as such rcqu.si-
tioDa would at a11 cvents bc ?le hy "dc;,
tachmcntsof militia or corps of volunteers.
!.....,.... .-.I.. --.I . l..
1JUL L U VlllUI Ul UIU .IUlUUUllJUIIblll.lv UUVU
intended to ri vc this word ' -requisition" a
more extensive 1008111112, so as to inciuuc
, , , , .
any demand cr order for troops from this
State, whether directed to tho State' au
thorities or not. It is ono of tho imper
fections of this amendment, that tho mean
ing of this important part of it, should be
open to dispute. If conscripts aro to be
included in the amendment, and to exer
cise tho right of suffrago unVr it, it will
be important to turn to the 34th Section
of the Conscription act of 3rd March 1803,
which provides :
" That all persons drafted undcr the
Iliuviaiuuo ui luio ul auui. uu wjoiqiiwu
lby tho ircsldont to military duty in such
provisions of this act, shall bo assigned
corps, regiment'', or other branches of the
sorvico, as tlio exigencies ot tuo bomoo
raa l111; t
' vision, scattered ,., al parts ot the ) scrvico.
IUIULMUU Willi 111UII uuu uuuiuimuuuu UJ W1U
cers of other States and countries, can ex
jcrciso the right of suffrage under the rcg
! ulations of the act of 1839, or of any other
Stato act of similar character, it is difficult
The proposed amendment applies to
''all elections by the citizens,',' and is not
confined to "general elections" as are the
acts of 1813 and 1839. It is comprehen
sive, and at Presidential elections it would
i, nili,i nnirn
service, lie could control the whole pro
ceeding, and the country would bo rolievod
from all thoso harrnssing doubts and that
vexatious uncertainty, as to results, whioh
have heretofore characterized our Presi
When this amendment again comes up
in tho Lcgislaturo for action, it will bo im
portant to examine carefully its form, tho
signification of the word "requisition"
which it contains, and its probablo opera
tion and effect in future Presidential elec
tions : iu short.whctbcr its departures from
the phraseology and provisions, of the act
of 1839, aro improvements or not. This
is rendered particularly neoisssary by the
introduction into tho polioy ol tho United
States of tho plan or syitom of consorip -
tion, which (as already stated,) dispensed
with calls or requisitions upon tho Stato
government and acts upon tho citizea, es
tablishing an entirely now military rela
tion between tho citizens of tho Stato and
tbo government of tho United Stales. It
will bo necessary that tbo amendment
havo suoh form that it will fairly nccom-' of. numbers, a majority should deprive a
plish its purposo and stand undisturbed 1 J?100"1 f ay oloarly written constitu
' , .ii , i , ttonal right, it might, in a moral point of
and unpervcrtcd by contact with new vioW)jutify revolution."
plans of military netiou or policy adopted ; It U quuo evWont tbat rC3idcnt Lin.
by tho United States : Otherwise, it may coin, if ho continued to hold tbo doctrine
possibly happen, that complete control above expressed, would now bo classed by
over Stato elections will be transferred to his own friends as a Coppcrhend'.
llin liVilprnt f. nwprnmrtnf nltlim,l. ..At. - - - .
result is neither desired nor contemned
iu auiciiuiug tuo Uenslitution.
suro, they may justly claim the confidence
rospect nnd approval of every soldier who
possesses that sense of honor, leading to
tho discharge of duty, which military scr-
vice is calculated to inspire iu any manlv
"Bully For QrauC."
Tho Iowa Legislature passed n law ol-
'owing soldiers to vote, nnd the Governor
has appointed a commission of fortv black
politicians to superintend the elections in
th(J Ecvcri rcgimcllt3- i,,.,,,, ,
, f r . , ,, .
I ,ci0n? of foul PW) tbc '..ooral.c Sutc
Comuiitloc propose to icud a Committee, tu
watch and contract tho partisan gainci of
this commission; and as a preliminary
step they addressod a letter lo Gen. CJraut,
asking whether a freo election would bo
held, and whether tboir Committee would
be njlowcd proper privileges and facilities
i:i tho matter. To this letter, Gou. Grant
replies as follows :
In reply, 1 will state, that loyal citizens
of Northern Status will be allowed to visit
the troops from their States, at any linn-.
Electioneering, or any cur.o calculated
to arouse dsscordant feelings, will bu pro.
hibitcd. Tho volunteer soldiers of this
army will be allowed to hold an election,
if tho law gives them tho right to voto:
and no power ahull pnvent tlitm fiom vot
ing the tick d oj thiir choice.
That is (air and just, and all tho Dem
ocrats ask. ''Bully for Grant, ' wc say,
who is tho only commanding General who
has the courage or tho disposition tj act
independently arid tu squaro his conduot
by justice and tho Constitution, in political
A Capital Resolution.
At a recent meeting of tho Democracy
of Northampton, the following was among
tho resolutions adopted :
Resolved, That our Senators and
members aro hctcby instructed to me
every effort to repeal the charters of nil
incorporated companies of this Common
wealth which shall havo at any time re
moved any oft s cmplovcus on account of
the p ditical opiuious they hold, or sought
in an maimer 10 retrain mem in mo ex
pression of such opiuions, and also of all
oompauies which have at any time ob
struct or preveut the iulu or circulation of
newspapers in their ears, dcpot3 or inunu-
The Democracy of Northampton aro
evidently 'loyal' to tho Constitution
'loyal' to the elective franchise 'loyal' to
the rights of American citizens. As. ono
of many Democratic journals, whoso rights
have been violated by dishonest corpora
tions, Tm: Adi: offers its cordial thanks to
the author of tbo rc-olution, and to tho
Democracy of good old Northampton for
adopting it. Philadelphia Age.
We are inlormcd that thcro aro several
Reverend political brawlers through this
county who habitually desccrato the Sab
bath, disgrace their holy calling, and
render themselves obnoxious to the people;
by tho uso of the most unbecoming epithets
nud language in their so-called praytrs
and sermons. Wr have beard of declar
ations and expressions which have, been
used in the pulpit and on the Sabbath,
and that too on the most solemn occasion
that tho commonest political stumper
would have too much sense nud prudenco
to uso upon the stump.
Theso fellows remind us of Samson's
herd of foxes, turned loose w iih fire-brand
to thoir tails to spread destruction through
out the country.
Cgy-The Richmond Sentinel, oftho 31st
argues that the South has no oatisc yet to
despnir,and thoy can yet put eight hun
dred nnd eighty thousand men, between
the ages of 18 and 40, in the field, and
that according to Mr. Do I3ow,who has com
plied the statistics, in no event during a
long war can the Confederate strength ho
reduced under seven hundred thousaud, if
tho people aro in earnest. The male pop-
ulaiion between 18 nnd 4!i is said to
amount yet to ono million one hundred and
eighty thousand fivo hundred, and during
t'10 two yenr3 of war not less than one bun-
1 "red and twenty thousand males having
passed from undor to over 18 years of ago.
A Coi'i'KititEAn. President Liucoln
said in his Inaugural :
"Happily the human mind is so con
stituted that no party can reach tho au
dacity of denying any right plunly writ-
tcn o the Constitution. If, by mciofoi co
, , .Gon:ral W?' VW dicd..at
ma resilience in
Abington, Va., on the