Constitutions of other States, some of which, after a similar clause prescribing qualifications, have declared that the voting shall be at the place of residence, and not elsewhere; and it would be reasonable to expect similar negative words in our own Constitution, if such had been the intent of the framers. On comparing a similar provision of the Constitution of 1835, and the provisions on this subject proposed in the Constitutional Convention, with the clause in the present Constitution, we think it will be found that the former more clearly limits the right to vote to the township or ward of which the voter is an actual resident. If so, it may fairly be inferred that our Constitution was not designed by its makers to so expressly limit or restric the place of voting.

Laws similar to those proposed have been adopted or proposed, in several of the other States, and some of them have come under judicial decision. In several of the cases, the Constitutions differ so essentially from our own, that the decisions can be of little service to us in the consideration of this question.

But the Constitutions of Pennsylvania and Iowa, under both of which, decisions have been made, seem to be substantially like our own; but unfortunately the decisions in these two States are not harmonious.

The Pennsylvania Constitution reads as follows: "In elections by the citizens, every white freeman of the age of twenty-one years, having resided in this State one year, and in the election district where he offers to vote, ten days immediately preceding such election, and within two years paid a State or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector. But a citizen of the United States, who had previously been a qualified voter in this State, and removed therefrom, and returned, and who shall have resided in the election district and paid taxes as aforesaid, shall be entitled to vote after residing in the State six months: Provided, That white freemen, citizens of the United States, between the ages of twenty-one and twenty-two years, and having resided in the State one year, and in the election dis

trict ten days, as aforesaid, shall be entitled to vote, although they shall not have paid taxes."

Under this clause it was held by the Supreme Court of that State, that the party could only vote when personally present in his district, and that the word "offer" implied a necessity for personal presence in the presentation of the ballot; and the law providing for taking the votes of soldiers elsewhere, was therefore held unconstitutional.

The clause in the Iowa Constitution is as follows: "Every white male citizen of the United States, of the age of twentyone years, who shall have been a resident of this State six months next preceding the election, and of the county in which he claims his vote, sixty days, shall be entitled to vote at all elections, which are now, or may be authorized by law."

This clause was held by the Supreme Court of that State to be designed solely to fix the qualification of electors, and not as prescribing in any degree the manner in which they should vote. It was therefore held that the manner of voting and the place where the ballots should be actually received, was entirely under the control of the Legislature. Under this construction it would seem that the use of the word “claim” or "offer" would make but little if any difference, as the incident of place, or the place of exercising the right, is not attached as a qualification of the voter."

So far as judicial authority is concerned, the question may therefore be regarded as an open one.

We do not find, therefore, in the Constitution or in judicial decisions a clear negative of the Legislative power.

The Constitution has been exceedingly liberal in conferring the elective franchise-bestowing it in some cases upon those who were not citizens of the United States, and who may have never renounced a foreign allegiance. Our own citizens, necessarily employed away from their residence in defending their country, are entitled to a liberal construction of this instrument in favor of their right to vote while thus employed. All of which is respectfully submitted.

C. M. CROSWELL,
S. H. BLACKMAN.

LEGISLATURE, 1864.

}

SEAATE DOC.
No. 6.

[No. 6.]

MINORITY REPORT of the Committee on the Judiciary, relative to the Constitutionality of any law to enable the qualified electors of this State, in the military service of the United States, to offer their votes and to vote in places beyond and out of the jurisdiction of this State, and in places other than the place of their actual residence.

Minority report of the committee on the judiciary, on the instructions of the Senate to examine and report "their opinion as to the constitutionality of any law to enable the qualified electors of this State, in the military service of the United States, to offer their votes and to vote in places beyond and out of the jurisdiction of this State, and in places other than the place of their actual residence."

The undersigned, as a minority of the judiciary committee, who were instructed to take into consideration "the constitutionality of any law to enable the qualified electors of this State, in the military service of the United States, to offer their votes and to vote in places beyond and out of this State, and in places other than the place of their actual residence, at any election of this State," respectfully report that the subject-matter embraced in said instructions involves many grave questions of