CHAPTER VI

IOWA

HE Legislature of Iowa met in special session

TH

on September 3, 1862. Governor Kirkwood recommended a bill to allow soldiers to vote in the field. He said:

"The theory of our Government is that the people shall rule. This theory can be carried into practical effect only through the ballot box. Thereby the people mould and direct the operations of the Government, and settle all questions affecting the public welfare. The right of suffrage is therefore highly prized by all good citizens, and should be exercised by them at all times and especially at times when questions of grave importance are presented for solution. There never has been, perhaps there will never again be a time when questions so important, interests so vital as those now demanding action at the hands of our people, were or will be submitted to them. The very life of the Nation is at stake, and may be as fatally lost at the ballot box as on the battle-field. Under such circumstances it is not only the right but the duty of all good citizens to exercise the right of suffrage, and to see to it that the principles for the preservation of which our people are so freely offering treasure and life, are not jeopardized or lost in the Halls of Legislature, State or National. A very large number of the electors of the State are in the army. We say but little when we say that these men are as good citizens, as intelligent, as patriotic, as devoted to their country, as those who remain at home. Under existing laws these citizens cannot vote, and unless these laws can be changed it may be that the cause they are perilling life in the field to maintain,

may be lost at home through supineness or treachery. I therefore recommend that the laws be so modified that all members of Iowa regiments who would be entitled to vote if at home on the day of election, be allowed to vote wherever they may be stationed in the United States, and that provision be made for receiving and canvassing their votes."

On the same day a resolution was passed by the House directing the committee on elections to prepare and report a bill at their earliest convenience to permit citizen soldiers to vote in the field.

On September 4th, a petition was presented asking that soldiers might be allowed to vote at general elections. On the same day the Attorney General was asked by resolution to give his opinion as to the constitutionality of permitting State volunteers while they were beyond the limits of their district to vote. On September 5th, the Attorney General's opinion was received, in which he held that the Constitution did not fix the place of voting, but merely prescribed the qualification of electors, and that therefore the act to authorize soldiers to vote in the field would be constitutional.

On September 8th, the Committee on Elections in the House reported a bill to amend the general election law "so as to enable the qualified electors of this State in military service to vote at certain elections," which was discussed, amended and passed. It then went to the Senate and was amended and came back, and the House concurred in the amendments. The bill was passed as amended by vote of 79, 12 members "absent or not voting." 1

The act took effect on September 17th, 1862, and provided that every white male citizen of the United

1 House Journal, Extra Session, 1862, pp. 7, 8, 10, 12, 19, 2q. 26, 57, 59, 61.

States of the age of 21 years who had been a resident of Iowa six months, and of some county therein sixty days, next preceding his entering the military service of the State or the United States, should be entitled to vote whether he was within the limits of the State or not at the time of voting. It then provided that every volunteer or soldier in the military service of Iowa or the United States should be entitled to the benefits of the act, if qualified by residence as above stated. Soldiers were entitled by the act to vote for all State officers except constables, justices of the peace and county supervisors, and also to vote for members of Congress. The election in the field was to be held at the same day as that provided by the general law for elections in the State. The Governor was charged with the duty of seeing that the act should be properly executed, and was authorized to take such steps as were necessary for that purpose.

The State Census Board was authorized to appoint commissioners, one for each regiment of Iowa volunteers, and if it became necessary the Governor might appoint additional commissioners. They were obliged to take an oath set forth in the statute, which required them to prevent fraud, deceit, and abuse in holding the election, and not in any manner to attempt to influence or control the vote of any soldier. These commissioners were to receive from the Secretary of State poll books which they were to deliver to the commanding officer of each regiment.

The judges of the election were to be chosen by the soldiers present. The polls were to be opened at nine o'clock in the morning (or sooner if necessary), or as soon thereafter as practicable, and to remain open at least three hours, and if necessary until six o'clock. The judges were to prepare ballot boxes, and the votes