an enactment of this kind. I would earnestly recommend this subject to your favorable consideration."

The Democratic vote for speaker in the House was 109, and there was a Republican majority of about 67. The Senate of 12 members had a twothirds Republican majority.

On the first day of the session, notice was given in the House of a soldiers' voting bill, and on the eighth of June, "An Act to secure the right of suffrage to the qualified voters of this state engaged in the military or naval service of the country," was introduced. The question of whether such a bill would be constitutional had been raised, and when the bill was introduced it was laid on the table, ordered to be printed, and a copy furnished each of the Justices of the Supreme Court, with the request that they would give their opinion as to its constitutionality. Owing to the illness of some of the Judges, and the absence of some of the others, they do not appear to have acted upon the matter immediately, and upon June 11th, the bill was taken from the table, read a second time, and referred to the Committee on the Judiciary. On June 24th, the House adopted a preamble and resolution which recited that the bill "involved important questions of constitutional law, and was laid on the table in order to obtain the opinion of the Justices of the Supreme Court upon it, which had not been received." Therefore the Committee on the Judiciary was instructed respectfully to inquire whether the Court had been notified, and whether the bill had been considered by the Justices, and the questions submitted to them determined, and if not, "to ascertain and report the reason why," and also whether the decision might

be had during the then session of the Legislature. The Committee reported the next day that the Court had been notified, the question had been considered, but it had not been determined, and that the decision of the Court would probably be had on the next day. On June 29, the opinion of the Supreme Court was furnished as requested by the House. It was signed by Samuel D. Bell, Chief Justice, and Henry A. Bellows, George W. Nesmith, and William H. Bartlett, Associates.

The Justices said that the Constitution of New Hampshire required a voter to vote at the places pointed out in the Constitution, and that therefore the bill "in its most prominent feature is in conflict with the provision and spirit of our Constitution."

The bill was general. It applied to the election of State officers as well as to the election of representatives in Congress and presidential electors, but the attention of the Court does not seem to have been directed to a distinction between the constitutionality of an act authorizing votes for electors and representatives in Court, and the constitutionality of an act authorizing votes for State officers. So far as I can ascertain, this distinction was not taken by anybody at that time. This opinion of the Court was received and read on June 29, and on July 3, the bill and the majority and minority reports of the Judiciary Committee upon it, were referred to the next session of the Legislature, and the opinion of the Supreme Court was placed on file in the office of the Secretary of State. Thus ended the attempt to authorize soldiers' voting in 1863.

At the regular session of the Legislature in June, 1864, the Governor again recommended a soldiers' voting bill, saying:

"I regret exceedingly that at the last session of the Legislature measures were not taken to so amend the Constitution of the State as to secure this right to all soldiers without withdrawing them from the field of active operations. Such an amendment has lately been adopted by the State of New York, and I would urge a similar amendment to our Constitution as an act of mere justice to our noble soldiers. I cannot understand why a man's loyalty should disfranchise him, nor do I believe the liberties of the nation are safer in other hands, than in those of men who have taken up arms to defend them."

Nothing was done about the matter, however, at the regular session, except to postpone indefinitely the bill which had been held unconstitutional by the Court in 1863, and referred to the next session. But at the extra session in August, 1864, a bill was presented in the House to enable soldiers to vote in the field for electors of President and Vice-president, and for representatives in Congress, and was referred to the Committee on the Judiciary. This bill, it will be seen, was put upon the same ground upon which the Supreme Court of Vermont had based the constitutionality of the soldiers' voting bill in that State, that is, that as the Federal Constitution was silent as to the place of voting for electors and representatives in Congress, the Legislature was free to provide that they should be voted for outside of the State. On August 11, a majority of the Committee reported recommending the passage of the bill, but a minority report, signed by Harry Bingham and John G. Sinclair, the two leading Democrats of the State, recommended that the bill be indefinitely postponed. The House debated at great length, and finally amended the bill by adding a section, which provided that the bill should be inoperative if a majority of the Supreme