Daily State Sentinel, Volume 14, Number 4479, Indianapolis, Marion County, 28 February 1865 — Page 2

DAILY SENTINEL.

TÄIC5I0JI-IT MCSTBI rMRTID.-iJictOf TUESDAY MORMKO. FEBRUARY 2i. ÜL I . Tbl Fllllautrina; In the llouae. The republican majority in the Houae hate waned two days, Saturday and yesterday, at a noat important perioi in tbe transaction of leg'ulatire buaiceta.la an attempt to override the rights of lb min-nitj, tni la toduioz, to ioltte tb im memorial uaagei of the legislature, parliamcoUrj law, and tbedecisioaa of tbeir oo prlidisg officer. Yesterday tftertioon Mr. Speaker Pxttit Tacated tbe chair, haTinjr, neither tbe terre or tbe coLlcieaeo to iolate h own tense of right, of courtesy, and we may add of decency, and permitted n Ioditidol to occopy bit place who waa willing to do bo. Tb peaker. fro trm., Of rr ruled all the roticgi ßd decisioci cf Mi. Prrnt from Saturday morning, decidiog. ia effect, that a mere majority toting bad the right to call op jolt sccb billa a cd past cpon llem, without regard to their order, that they might select. Tbe minority one ted over and orer again, to take op the appropriation tills out of their order &fid act open them, but tbe majority refuaed tbia overture naiatinz that the minority ihouM yield their constitutional and parliamentary riht to tbe will of the dominant faction. Tbe constitution and parliamentary rule were framed and are intended to protect tbe rights of minorities, the majorities teed it; g bo loch protection, bat the present majority of the bona demo titrated by their coune yeiter day that the? will disregard both, to carry oat their designs whateter they may be, In so doinjtt however, they should cot forget that they may establish a precedent which may return to f-Iague them. Tbe race is not always to tbe awift nor the battle to the atronz. Our limited space will CT not permit further comment thi morning, but we will add the best vindication of the minority ia their record. We will refer to thij subject gain. Tbe .few Secretary of Che Treaturr It appears to be settled that the Hod. Hugh McCctLocn, of thia itate, ia to be, if he haa not already been, appointed Secretary of the Treasury. Tbia gives two cabinet appointments to Indiana, if Mr. UaaEE i retained in the Interior Department, and of course precludes, if he wan ever ambitious of tbe distinction. Governor Moatos from cabinet honors. Mr. McCullocb has bad considerable experience ia financial affiirs He was long connected with tbe old and new State Banks of Indiana, and so doubt so far as bankiof is concerned, ha may be regarded as a successful financier. The management of a bank, or even of an extended banking eyateai, ia a far different field ot labor from tint of direct iog tbe financial affairs of tbegovernment. The mere buaioeM details of the Treasury Department are matters of but little moment. But to occessfully direct the financial policy of the gov ernment, which affects all the interests of the nation, individually as well as collectively, requires ability of the highest order not only but a thorough comprehension of the resomccs of the nation and the best means of developing them to promote both the individual and general welfare. In the present condition of our public atlairs we regard tbe secretary ol the tiea.-ury at the moat important officer in this rovernmcnt. The friends ol ilcLTLLocn think mm just, the nun for tbe Do?hioti. and be b ts been 6trrDsly ured a - - w upon that ground He is a gentleman of inte rity, and will be guided, in the discharge of bis trust, bv what he deems best for the public in lerests; but hisimmediate predecessor failed in either not comprehending the financial policy of this eovernment or else tbey licked the courage to carry out their own convictions. I lie new secretary of the treasury may fail in not having the cerve to disregard tbe popular prejudices or the temporary interests of the bocr, and es tablish a policy for the permanent good of the nation; but time alone will determine this. We can only bopc, for the good ol the cation, that tbe experiment will be uccessrul. The New York Tribute thus thttcringly lo.tice tbe appointment: We understand tbat tbe president, after full and free conference with his friends in and out of congress, bas concluded to arroint Hon. Hugh McCullocb, of Indiana, (now controller of the currency, ) as secretary of tbe treasury. Got. Morgan having persisted in declining the post. Mr. McCullocb has bad an eminent aud success ful experience as a financier, and emphatically posse the confidence of the patriotic capitali-ts of the whole eountrv. I nder bis auspices we may hope for a stetdy improvement in our ca tiocal finances and a rapid decliue in the pre mium on gold. Itepotiekslon. The eovernment ha, within the past week. pretty nearly accomplished the work of repos sessing the united Mates property wdicn was taken from it hv the secessionists in 1 . One after another tbe forts, custom houses and navy yards have come back into our bands, until there remains very little indeed tö be taken. Deatba of Iudiana aoldiers at Savannah : ia the hospitals i 53J Iudisna. Jan. 5 James W. Jeiik;n. measles. Jan. Ö II eery Sweasey, tompany (1,2.11 diana, remittent fever. InJan. II. Simeon Sherkliff, company (, 53d Indiana, diarrhoea. Jan. 14 Christopher Flick, company (, 53J Indiana, chronic diarrhoea. Jauf 17. Mervin Davis, company K, 53d In diana, diarrhoea; Andrew C. Fowler, company F.. 25th Indiana, diarrhoea. Jan. 21. A. J. Reiver, cjmpany F, 25:h In diana, diarrhoea. Jan. 22 Edward Oertrv. comoany A.29.h -- Indiana, diairhoea. Jan. 25. Tbos. Murpbv. company A. 2th In dian. dia-Thoea. Jan. 27 Wm. McKee, company K.25th In diana, veteran volunteers, diarrhoea Jan. 30. Joseph Frill, company I, 25th Indiana, diarrhoea. Jan. 26. Thilip Fulik, compiny C, 5?th In diana. Jan. 23. Marens (irear, company D, 5fth Indiana. (iaowTH or JtMiasoNviiLi A woudrrtul change has come over our city within the lat three year. We suppose that, iuclnding the occupants of our hospital, the population ha more than doubled, and that the permanent itivcM ments of capital iu our township sicce 1:?C2, cmnot amount to les than two millions ot dollars. The construction of a niagnificcct railruid bridge, which is to span the Ohio river at this point, will probably .scatter at least a million of dollars among our poo;!e, at.d hea completed, it will make our city in many rcpcts a prt oJ the larger city of Ljuismüc, if e may be flowed to sav it. the most ple t.ut and cleanly prt at that. National Democrat. Uia Sswixi Fourteen thouiuJ ix huuJrd ard fty eight teet of poplar lumber Uidi boards ere jn ri;re hours at the saw mill of Wea'ey Ki;p. at Suar Creek Station, on the Toledo i W..t,ah Valley K id. on Ftbru.rv 23. Lumberrueu ;U admit ihn tu have been a wonderful feat, but we hare tc bet assurance tbat it was actually accorap '.ie-l -I.tfiyette Journal. The Merchant's National bank ol New Albany, bavlog received its author xtiion, commence busier forthwith Gen. A S. Harnett will t presided and James It. S nitida, XqCMb!er. Both good nea.

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Tb Speech of Mr. Daakirk. of Tienroe. rucle in the f I u e of ftrpre rntAtlref on rldnr 24. lC3fn llonentli .to. Ii?. A tidl jrxdij for toting fcy Lictort the Stale J bunt in MJdtry or .ca Streue of the L'nittd States, directing the method Ijf vhich it shall be dtn, and in jrescribinj punishment j for tiolmtimg any of th rifftiar.d privileges secured by thit act. i i rwm 1 aia. eiAitm. The bill coder consideration aunthorr titizer.a of this IUI who are ia the military of ctri: tcmce oi ice LoitM Sitte, to vote t place outside of this täte, at the October or I'rea.dentil electir.i Thi till pre'DH Ux our grave, csreJul anl HjaturecoDsi-leratiot), two ! qoe-suons of va-t importance. Tbe Grit I, j

whether the General Awcmbly poiscsse the j r.iagei o! their oeetiog, thows litt in thi.t re power under our r matituttoo to" this bill, 1 pect the practice here, before and at tbe date of and tbe ecor.l is. that if we poe the consti ) tie adoption of the constitution, was in accordtutional rDwer, will It bo expedient and proper ! ar.ee with tbe general rule of the common Uw. to eiercise it in the manner proposed. As the Uneuage of the constitution t-i tote 1 shall confine rayeeif mainly to the consider- understood ia the scr.se in wh;ch it wm u-el at lion of the first question. I hate giten th!i sub j the time of it adoption (opinion of the Justices.

ice l a vcrv carelu; ar.i tLr-JUzh examinstion. ! and I bare arrived at tb conclusnn that we io EOt possess the constitutional power to paas this ? bill. I be provisions ol our constitution on this i subject are as follow: Thesecond section of article 2, omitting whit relates to foreigners, provide tbat , " Ia til elections, not otherwise prorideJ for by thia constitution, every white male citizen of the United States, of the age of twenty-ot.e years and upwards, who shall have resided in live ptate during the aix months immediately preceding auch election, shall be entitled to vote in the totrmhip er precinct tc.'ure he may retide." Section 13. All elections by tbe people fha!l be by ballot; and all elections by the General Assembly, or by either branch thereof, shall be ric j rore." Stc. 14. "All general elections shall beheld on the secend Tuesday in October. These provisions fix and determine the time, when, the place where, and the manner in which the right of suffrage sba.ll be exercised, and leaves to the geuertf a jembly no discretion on any or can er oi these poinu. 1 he time s the seeond Tuesday in October. The place ia in the township or precmct where the voter may reaide. Tbe manner of voting Uov ballot. Sev eral of the stated here passed laws authoriz'ng soldiers to vote in the field, and the supreme courts of such states bare pn-ed on tbe consti tutionahty of such laws : and I shally rely upon these decisions to demonstrate that we do not possess the power to enact the bill under con federation. I lay down the broad proposition, that where the time, ptace and manner of voting are prescribed tn the constitution, that it is not competent for the legislature " to interfere to alter, extend or suspend them, or either of them in the slightest particular. The supreme court of Connecticut say: "The constitution established an elective gov ernment, and under it there mustor necessity he a fixed time, place and manner of holding elections. If thee are cleurl v nd sufficient! v fixed and prescribed by the constitution, and nothing is expressly delegated or by implication left to the legislature, that bodv cannot interfere to alin the slightest particular. If they are not thus fixed and prepcribed by the constitution, it is by implication incident to the general legislative power to do it, so thit government my be perpetuated and sustained " The supreme court of Iowa say : "We suppo: it to be a proposition which will not be denied, that where the time, place and manner of holding elections are not prescribed by the constitution, but committed to the legisla ture, the reception of votes out of the precinct or couutv of the elector's residet.ee mav be consti tutionally authorized." W here the prohibition is express, of course there can be no exercise of power, so where it is neresarily implied from some express provision, the law making power cannot interpose. I take the further position that where the con stitutiou fixes and provides the time, place axid manner of voting, that the right cannot be exer cised at any other time or place or in any other manner. 1 he fixicgof one place, excludes with out ai.y prohibition, the exercise of the right in any other place; and I am fully sustained by the authorities The supreme court of Connecticut sav: " Nor caa it with truth or safety be Haid, that it! though the constitution prescribes a certain t'lace whcie votes mi? be cast, it does cot pro hibit their being cast in any other place. Neith er in constitutions, cor statutes, cor contracts, nor wills, cor in any oral directions of a superior to an inferior as a master to a servant, or a parent to a child, do men deem it nece-sary to ac company an express anu tun direction to do a particular thing in a particular way, bv au ex press direction not to do it in any other. Officers, civil and military, citizens, servants, and children, all understand that every such direction of a superior carries with it an implied prohibition against doing tbe thing prescribed in any other way." The supreme court of Iowa t "In either event, tbe constitution is to be taken as a clear and full mtndate, and the legislature cannot change, extend or control its meaning Thus if the constitution declares that a thing shall be done in a particular manner or wav, it is implied necessarily that it shall not be done in anv othtr. To illustrate, if it decUres that the J vo'es of the electors shall be cist at a particular place, it is not necessary to prohibit by express words their being cast at any other. But if there is no such express declaration and none fairly to be implied, it is within the power of the legisla ture to fix the place The Hon. Isaac F. Radfield, of Boston, Mass. one of the editors of Tbe American Law Regis ter, at.d universally acknowledged to be one of the most profound lawyers in this country, uses the following language in the January number l5b.of that magazine: "In regard to the question of the right of sol diers to vote while bevond the limits of the sev cral states to which they belong, there have be.i a considerable number of decisions made in the different states, to which we have cot be fore alluded " Tbequesnon was very extenively and learn edly discueed by the supreme court of Califor nia, Shaffer J. delivering the leading opinion hieb contains a very creditable amount of re seircb and learning upon the general question of the propriety of the courts of last resort de claring acts of the legislature unconstitutioca on tbe ground of supposed conflict with either the letter or constructive import of the organic laws of the state government, and reaching the verv obvious conclusion that this mav and mut be done in all cases of obvious and eatisfactoy established cocfl ct. The majority of tbe court here held that where the constitution required the elector to be a resident ot the county "in which he claims his vote" this necessarily im plied that he could only cast his vote in the county of his residence; that the phrse"in which he claims his vote,' upon any fair, manly and sensible construction, must mean the same as, in which be offers bis vote, or. in which be vote, or aav sirtilar form of expression It seems to us that the conclusion of the court here is most unquestionable, and that the decisiors of some of the other state courts, wherein a different conclusion is reached, are not mairtainab!e upon any fair ground of ar gument, as is verv clearly showu in the very learned and lawyer-like exposition of the ques tion in the elaborate opinion ot Mr. Justice Shaffer, to which we beg to refer the profession, as containing a large amount of the mot valuable matter, presented in the most perspicuous au i unexceptionable form." " The mpreme court of Vermont, in a very carefully prepared and satisfactory opinion, held, tiat where the restriction of tbe sute con stitution ia regard to vo'ing within the precinct of the reriJeuce of the elector, was, in terras, limited Vi ttiectstit.g of votes for st.tte officers, ai d to such provision was found in the instrument in recard to Totirg fur electors ot presi dect, and rice ptfiidf i, t, acd members of con press, that it was. romps-u-tit for the legislature to provide for taking tbe otes of the electors for such officers within the limits ol tbe late ' Th: bill author:!? our so'diers who are absent from tb state, to prepare their ballot sixty davs before any October or presidential election, at whatever place tbey at the lime may be. and sen1 them home sealed up. which are to be opened by tbe inspectors of elections on the day or the election. Our constitution expressly declares that "all general election ahall be held on the seiond Tne-dy in October. The time of hold :ng the presidential election ia regulated by law Njw, ! it ompctttit for u. to authorise aov por tiou of our catena to vote at a d.rect time than the one fixed aiid precribe3 ia our organic law? I thine cot. It is a plain, palpable, un-

doubted violation of cot only the lfer bet tbe '. spirit of our fundamental lair. - 1 assame tie further poaitiou thai tie riht ,

to tote is a t-enoml njrht and tnterc la every i American cit zc:a and mujt I exercised !a person at the time and place, ar.d in the taaonr prescribed ia the eorstitution; and that thU sirred right cannot r,e delegated to or performed by a f otLer; ana in ip;optoi tnia the following authorities: a a a portion I submit Tbe supreme court f t N'c H.i rrrshire n this point gay : "lit tbe common law in election? of ptablic and rsuncipal corporation?, and in al! other pub He elections, every -vote mnst be personally ciren Kent Com. 234 f citine the ca-e of tne Dean. Ac. of Feres. Daria! 12'J.) Are. k A Com f3d ed.I 95117.. Tailor r fiii.rM '2 Green (N J ) 25. 23-1. 23Ö; Thülips v Wirksam. 1 rie 575: Sutc v.a Tu Iff o I)v 333: Stc Attorney Geuer! m Scott. 1 Vesey 413. "The bitorv of tbe origin of the powers of io - vli in Tie w En eland and of the nature and 41. N. Ii jjIi. ar,-J s at tht time, both bv the common law aud by the bettled tsige here, tbe j right of voting for public ofScera was a ruht that j muit be exercised ceraonil v bv the voter, at the meetings held for that purpose, it follows that, if no different provision is .made in the constitution, the right of suCrage established by it is to be ex excised by the tottr in perton, at the meetings duly held far that purpose." "These provisions of our constitution, so far from showing an intention to depart from the general rule of the common law as ti the perouai presence of voters at public elections, seem to us to assume its applicability, and to require that the right of voting at elections (-hall be exercised by the rofer in j:er$on, at the meetings duly held for the purpose, iu' the places in the state pointed out by theconstitution.and at times in accordance with its provi-ions. It :s also a somewhat significant fact that no attempt, so far as we arc aware, has ever before been made in thia state to dispense with the necessity of the presence at the rneeilcgs of the town, &c, of each elector who shall exercise the right of suf frage." Whether, in every case the elector must cast bis vote with his own haud, we need not inquire; for if it were allowable that the votes of infirm or disabled electors be deposited lor them in their presence, it would bv no mean? follow that this cou'd be done for them in their absence; for an act done by me, in the Dresence and under the control of another, for that other, is regarded not as the exercise of a delegated authority, but as tbe personal act of the party in whose behalf it was performed ; but it is otherwise, where the act is done by a person's directions iu his absence and beyond his control. Kidder vs. rrescott.d. roster 263; Hanson vs. Hone, roster 32. The supreme court of Pennsylvania, say, " Re garding tbe amendment as designed in general to exclude fraudulent voting, the question now is, what construction shall be given to its partic ular phraseology ? Construing tbe words accord mg to the plain and literal import (and we must presume that the people of Pennsylvania con strued tbeni so when thev adopted the amend ment) they mean, undoubtedly, that the citizen possessing the other requisite qualifications is to have a ten davs residence in an election district, and is to offer his ballot in that district. "The second section ot this nrticle rtquires all popular elections to be by ballot. To "öfter to vote" by ballot, i to present onestlf, with porper qualifications, ut the tirnr and zace appointed. and to make manual dtlicery ot the ballot to the officers appointed by law to receive it. The bal lot cannot be sent bv mail or express, nor can it be cast outside of all Pennsylvania election ditricts and certified into the couM v where the voter has his domicil. Wc cannot be persuided tint the constitution ever contemplated anv such modo or voting, and we have abundant reasons for thinking that to permit it would break down all the safeguards of honest suffrage. The con stitution meant, rather, that the voter, in propria fiernnna, should ofier his vote in appropriate tlec tion district, in order that hi:? neighbors mihtbe at hnd to e-Ublih hi-? rieht to vote if it were challenged, or to challenge if it were doubtful." " The amendment so understood, introduced not only anew test of the right ot suflTr ige, to wit, a district residence, bat a rule of votir also; place became an element ot suffrage for a twofold purpose. Without the district residence no man frhal! vote, but having the district residence. the right it confers to vote in that district. Such is the voice of the constitution. The test and the rule are equ illy obligatory, we have no power to dispense with either. Whoever would claim the franchise which the constitution grants must exerc:se it in the manner the constitution prescribes " The snpreme court of Connecticut say : "Hut no oue, wc presume, has heretofore supposed, tbat a mm who was detained by sickness at his home, or that rni;v who are every year by business in other stutes ,or in Congress, or the departments at ashicgton, or in coasting ves sei, or in tbe navy yards, or otherwise absent from home, could, by a mere provision of law, be favored with a special opportunity to vote." Chancellor Kent in his Commentaries pays, " Though in the cape of elections in public and municipal corporations, and iu ail other elections of a public nature, every vote must be personally given; jet in the cae ot moneyed corporations. los'ituted for private purposes, it has been held that tbe right of voting by proxy might be dele gated by the by-laws of the institution when the charter is silent. See -i. Kent Com. p. IWa. Mr. Speaker: With the indulgence of tbe House I will very briefly review the legislative and judicial action of the several states on the subject of the suffrage of volunteers in the field Tho legisl iture ot Pennsylvania was the first that passed a law authorizing such of her citizens as were in the military and naval service of the Uuited States, to vote at place? outside of the limits of that state. This law wis passed in lb61. Uv virtue of tins law the sohiiers of that state voted. The election was contested for th it rea son. The validity of the law ws, in May, lt62. passed on by the supreme court of that gtate, and the law was held to be in conflict with the constitution, for tbe reason that the constitution required electors to offer their ballots iu the elec tion district where they resided. The court held that tbe right to vote must be exercised at the place prescribed in the constitution, and not elsewhere An attempt has been made to weiken the force of this decision bv alleging that the court was influenced and controlled by personal and partisan motives. The leading opinion of the court w.is delivered by Jude Woodward, a man of great learning, purity of character and exalted and nr.douhted patriotism. It has been said that the opinion was delivered but a short time before the election for governor in tbat state in 163, when Judge Woodward was the democratic candidate for that office. This is not true Tbe opinion was delivered in May, 1jG2, and Judge Woodward was not nominated until June. lrf3, more than twelve months atterwar 1 understand that the members of the court were equally divided in political sentiment. This opinion was afterwards en dorsed and approved lv the supreme courts of Connecticut aud New Hampshire After this dethst state sol eision was made, the people o! amended tbeir constitution as to authorize sol diers to vote outside the limits of that state. Sec. Chase Y. M Her, vol. 2, N S. of Air. erica q law register, p 1 IG The les'slature of Connecticut passed a law authorizing the soldiers from that state to vote in the field The constitutionality of the law was submitted to the supreme court of th at state, and the law was, bv au unanimous decision, held to be unconstitutional. All of the judge of the court were repuk licat-s From this opini-'n I have mule frequeiit quotation that show the reasons that controlled and ir.ß;jne:K-ed ihf court See 1. 2 X. S , of A. L Ii . p too Tbe leislatu-.e of New Himpb:re pis.td a similar law, which the supreme court btld to be uncor.stUu'icCil Tbe miin rctsoti given was, tint every elector was required to vote in person at the place pieoriei in the constitution AH the juices of th.s were recuM'can. and all of them cticured in the opii.un Ste Vol. 2. HI. S of A L R p Ti'J The supreme court cf California, by an ucanimous decision, held a law of trut Uta. au tborizing soldiers to exerc'ae the right of suffrage at places outside of the lte to be tutional. A Cinjority of the judges publicans. See Jan .Vo l;t'5, of A uncocst:were reL. Ii. n lb The supreme court of Vermont by a unanimous opinion held i Icriar law of that täte, o far as it related to tbe election of stste fScers coLÜicled with tbe provision of the coLSÜtuiion tbat required elector! to Tote fa the precise: of tbeir reaidenoe, but ralii aa to tbe election of

elector and cosgre-rae?), a the co2titat!on was silent cn that point. All the jud?n were republican!. See January Xo. 1:6j of A L B.,

p. 1C2 The legislature of la- passed a timilar law. which the fcupreme court held to be constitat'onal, on tbe ground that the constitution of that state did cot ti and prescribe the place where the electors should cist their vote, but the court expreeoly sav that if the place w fixed and pre scribed by the organic law that the riht could not be exercised at any other pUce See M-rri on vs Springer, vol. 3 X S , of Annrico Law Register, p. 2TG In tbe Ute ot New York, the constitution of tbtt state was amended so as to authorize and empower the legisl tture to pis a 1-' permitting oldiers to rote at place outside the ta'e. The l;'!iaiur-e of tbat at ate uuder tue acuecarl contitation psied uch a Uw, and low the soldiers from that latc can, according to the Uw and constitution. exercie the right of eufT rage. The xnjat of tbc.-e deci?ions have bceu b?cd on the particular provisions of the state constitutioo, but they all lay down the principle tbtt where the time.plicc and meaner of toting re fixed and prescribed iu the constitution, that tbe rint cannot bo exercised at any other time, place, or in any other manner. I appeal to the gentlemen representing the majority on this floor and sk them if they will disregord all of thee decisions and will pas- a bill pUiuly and palpably iu conflict with our organic

iiw. nou would iDaiinctiveiy adopt, constitutions, But I have oce other authority to produce that above all other documents, are to be read as they I confidently hope will have some influence with are written. Judicial glossca and reficements this House, and will can?e us to pause and con- are misplaced when laid upon them. Carefully sider what wj are doing and whither we are tend- considered judicial implications may indeed be ing made from them in support of statutes never Governor Morton U known and recognized to to defeat statutes where such Implications are be a sound lawyer, and his a high national re grounded in the constitution itself, and tend to putaticn as a statesman. He is everywhere re- accomplish its obvious purposes, as well as toprogarded as the e-pechl friend of the soldier. 1 mote the public welfare. Hut when asked tj set conii illy CLdor-e ai.d commend his zeal, industry a construction th-st opposes itself to both the letand fidelity in looking after our soldiers, but 1 ter aud the spirit of the instrument, and which luve at times believed that be has carried this tends to the destruction of one of our fundaraatter too far. Can any person on this fl orbc- mental political rights that free and honest tuf lie ve that Governor Morton would htve failed to Inge on which all our institutions are built this iirc upon the General Asseroblv tht pn-priety curt must say, on iufldeiitv to the oaths it has fc.d pressing necessity of passing such a law if sworn, that it cannot be done, be bad believed that it could be done without a ' The supreme court of Minnesota say " Still violation ofthat constitution which he had swwrn i the very tact that the act was passed undtr such to support at:d defend. In his annual message to j a state of excitement, admor.i-hes u.a of the nethis legislature, he uses the following language, ce-sity of earefully examidig it several uroto which I earnestly invite the attention of the visions. lest in our at.xiety to punish the guilty majority: ; authors and abettors of our national troubles, we SiLMLEs' votes. j do far greater ii jury to oursei es, by forgetting "Under the rrov sion of our constitution, n j justice and disregarding the wholesome restraints

ririnn fan triit er.-nnt in thA nrpcinrt in which he resides. This should be so amended, in my opinion, as to enable sucb of our citizens as are in the military service of tbe government, and who would be entitled to a vote at home, to vote wherever they may be, in camp or field, under such re 1833 able regulations and safeguards as might be prescribed by the legislature I can conceive of co greater political injustice, than tbe exclusiou from the right of suffrage, of those gallant men who are absent from lio-rt because they arc fighting the battles of their country. I earnestly hope that immediate steps will be taken to relieve our constitution of this it justice, and although it may not be accompllahed in time to become operative durinc the war, it should not on that account be t.eslected " His excellency bas recommended the triif remedy. He says plainlv and unequivocally that, "under the provisions of our constitution, no person can vote except in the precinct where he re-iles." He then urge the general assembly to take immcdiite steps tr amnd our cotis'itution.aj that our soldier ra iv vote in camp or in the field If you should pi. this bill bis excel lency will be forced to veto it, tor purely no:,e of you would ask or desire him to approve a Uw that conflicts with the constitu'ion. (1-jv. Mor ton is the mouth-piece, the orgu and the embodiment of tbe republican part y in this state, and I aik you to stu.d by him and carry out his recommeridatinn, and preserve inviolate our constitution. But it is urged that theie is a great and press ing necessity for the pissage of this bill; and that it would be a greit hardship to deprive our brave and patriotic soldiers from the privilege of voting in tie ful l, on theocean or wherever they might be at tbe time of our elections. My an8 er to this is, th it no emergency, however re it ; no necessity, however pressing; arid no hardships however onerous, will justify or excuse a violation of u pi tin, pilpable nnd undoubted provision of our constitution. The will of the sovereign people of this state as expressed in our organic law, is the paramount biw, and is equally binding and obligatory upon nil the citizens of "the state, including those in office as well as the humblet citizen It contains a limitation of power. It is a mandtte to the executive, legislative and judicial departments of the government. Tbe only hope there is for the preservation ot constitutional government and personal liberty, is by a stric t adhearance to tbe letter of spirit of the constitution Constitutions were not made for time of peace an 1 prosperity, but for just auch times as we are now pissing through. If the constitution is wrong in any particular, then let it be amended in the manner therein provided, but until it is so amended let i; be ibeyed aud carried out in its letter and spirit. I earnestly invite the attention of gentlemen reoreseDting the majority on this floor, to the sound, conservative and statesmanlike views of tbe supreme courts of several of the states. The supreme court of Connecticut say . "It is 6 aid, and truly, thit this is &o extraordinary exigency, but the men who made the constitution bad just passed through a war which drew many men from the state, and the exigency of a future w.ir may well have been contemplated as possible, nnd the mere magnitude of the exigency and of its cousequent equities do not alter its character. l?ut however that may be, the people saw fit, in their determined intention that all elections should be regulated by constitutional provisions, unalterable by the general assembly, to prescribe in the clearest manner when, where and how the elective franchi-e should be exercised, aud those provisions must coutrol the ceueral assembly in all exigencies, until changed by tbe supreme will of the people, expressed in a new or amende 1 constitution." "If the general assembly can thus add to. alter and control one constitutional provision respecting elections, there are no other beyond their reach. They mav direct vote to be taken at any time, aud say tbat they shall be consid ered, held and uteu to have been cast ou the first Monday of April. Tbey may authorize minors to vote, and say that tbeir votes shall be considered, taken and held to be tbe votes of electors of full ace; or colored men, and sav tbat their votes shall be considered, titken and held tobe the votes of white men aud electors, and so may authorize the taking and counting of the votes of women and aliens Xor would there remain any other matter of constitutional provision or purpose which mi-;ht not be reached at any time by a temporary and fluctuating legi?Ia tive majority, and by the same legislative alchemy ot changing thincs, coustructively, into what they are not in fact, be practically controlled or annulled. Indeed, the same process which could turn votes taken iu a camp to votes taken in an elector's meeting mijtht turn those taken in fact in the elector's meeting into the votes of women, or aliens; or minors, or colored men, and exclude tbem for tbat reason from I the canvais: and so on. till tbe constitution and constitutional laws b cme The supreme court of a mockery. Pennsylvania, Sir, The learned jud; deprecates a con-tmction ' - thtt -hall disfranchise our volunteer rolcicr. It ' atrikes u that thi is an inaccurate ose of Ungute e The constitution would disfratchie tio i oualified voter llut. to ccure purity of elec have its voters in the place thev 'tion. it would are best known election day. If a voter vo! untarilv atays at home, or poes a journey , or joirs tbe army of b.s country, can u be sid thit the constitution bss disfraocbi ed him? Furof tbfe lude of I'.ii ccurt, living in o f r r, r t i nl' the srate, tui thera-elves. on the dav of every pres:dntisl election, in the city of V where the;r ( fir'al dctie-- take them and where 1 they are not perrciired to vote Have they a riht to crurzetne coti-titu'ion with il.fMici.iics: them? I not the tru'h rather this: th it tev bate vo!cntiri!v a-urr.fd dutiethit are tncon a:sia:jt with the right of suffrage, r tbe time bei r. Such is our cs?. and su-h is th cae of tie volunteer in the armv. The riht of suffrage is carefully preserved for both them and u-, to be er joyed when we return to the places wheh the- constitution bs appointed for iis exercie. It is f jrcli-g t gratuitous as-a'np:i iti upin tbe constitution, to trett it as in'en lirg th it the vl unteer in tbe pi.büc cervice. shall carry his elect ie franchise with him wherever bis duties re qu're him to go There is noarord or syllab! in the instrument to justify tbe assumrxion. A irood deal hs been said about theharJship cf defrivit,g so meritorious a class of voteis aour volunteer so! Jiers of tbe right of vovng; A a court of jar.ke we cuncot feel the farce ct any ' aaeh cocalieration. O or business 1 to expound

tbe constitution and lawt of tbe country as we find them written. We have co bourt.es to grant to toldiers or any body cle It may be aaid, however, in answer to this, inj: get ion, that the- hardships of missing an annual election is one of tbe least the oldier ia cilic 1 on to endure, and this thev share in common with the patriot foliicr of all tbe loyal sUtes, for it is understood tbt co state but Pennsylvania has attempted to extend civil suffrage to an army in tbe 6e?d. To voluntarily surrender the comforts of borne, and friend, and business, attJ to encounter the pri vationscf tbe camp and tbe perils of war, for the purpj.e of vindicating the constitution and the laws of the country, is indeed a signal sacrifice to make for the pnblic good, bat tbe men who male it most cheerfully, and from the highest motive, would Se the verv last to in i:, weaklr, on carrying with then tbe right of civil suffrage, especially when they eec wtiai experience proves, that it cannot be exercised amidst tbe tumults of war, without being attended with frequent practice! that endsner the very existence of the right. Whilst such men bbt for tbe constitution, they do not expect judges to aap and mine it by judicial constructions. Finally, let it be said that we do not look upon tbe construction we have given the cooatttotional amendment ni stringent, hr?b, or tcchaictl. Oa

the contrary, we consider it tbe natural and obwi ous retdicg of the instrument, uch as tbe mil- ! of OUT fundamental laW " If tne ftate of governmental affairs were alwas peaceful and quiet, and legislation never attended with uudue excitement, rustiy of tbe restrictions imposed by constitutional government upon legislative power might be dispensed with as unnecessary ; but it is precisely because emergencies will arise, which, fr the time, seem to Jemand or justify a resnrt to radical and extreme me.truies. that these various inhibitions are de dared in the fundamental laws, and as extraordinary acts of legislation are seldom resorted to except "then the public exigencies seem to demand them, it may be truly said that these provisions are inserted in the constitutions for the very purpose of meeting this of necessity; j "Hence the greiter the seeming necessity or j popular demand for such legislation, the greater ; the danger to be apprehended liom yielding to it, ; and the more imperative ilie oSligai iu on the j pait of courts to square it ricorously by the con ! stitution As no .u-t in coi, flirt wit ti that instru j uient can become a lav, however just, abstractly I considered, its provisions may be. or however! ret aiid imrueditte the airaiet.t necessity t.-r j s.uii an enactment " Se M.K p 2 i The Hon. Isüc F Redlkld.in the Ortober : number of ihe A L R , uses the following elo ! quti.t atid patriotic language : , "We desire also to be fully understood as m,? objecting to any civil tipht r privilege being con : ceted tu our olu:iti e-M- itry which can be; rione consistently w;th principle and with exit ; ins constitutional les'nclions. But we do object to breaking down all law, and all principle, and all constitutional restric tions in ä wild ru-h of blind enthusiasm in behalf ot the army. r the navy, or the cabinet, or the president, or the judiciary, and a? the judiciary is the only rc-;u!tor, the pendulum und balance wheel of the machine of government, we are al ways rejoiced to find its responses true and firm as the needle to the pole. The words of St Faul to his fellow vovagers in the shipwreck are hereof great significance, "Ye cannot be saved except these abide in the ship " I hare consumed po much time in arguing the question of power that I cannot examine the question of expediency nor look iuto the details of the bill, further than to know that there is no provision for challenging votes, or rejecting the ballots of those w ho may die between the pending of the ballot and the election. S TATK I I I. TIS Small DOX llttS broken OUt atll01j thf ret:i j Ijcccs iu Richmond. The ftrowntown, Jackson countv. LittN fliant ?ays : An appeal was taken to the circuit court from the board of commiesionfr on the order providog for a bounty of $300. Judge Bicknell devided that the boird had no ri?b.t to make such an order and sustained the appeal. The sale on keeper at Greencnstle have to pay a city license of $300 per RLnum. New Albany haa five hmk three National, one State and one Free Over seventy persona have joined the methodist church at IJiownstown, Jackson county, in the pat two weeks. The Corydon Democrat eays that the lo3 by the late fire in thit town is $25,000 inttead of $15,000. There bag been several caesof that dread ful mal idy, congestion of the brain, in Muncie recently. Says The Newcastle Courier : De tths haa been unusually busy in our midt for a few data tat, culling tome of the fairit and tendere.'t lowers. The little ones have dickered and died, wittj a ripidity truly alarming; five children hiving b?en already called away, within the distance of about ote fqu-.re of thi! otiice, auil others are quite ill at thi. time. Cholera morbus, csrlet aud lung, fever stem to be the prevailing disease. j The -potted fever i prevailing in pome pnrta of Sullivan county. Mr. Simuel Park, an old and highly esteemed citizen of R-jckport, was caught in tbe flywheel of the Novelty Mill of that place, and instantly killed Hi- body was horribly muti-j hted j A new and ?pac!ou Methodist church to ! be built at Rxkport tbe pte-ent year. ! Cbauncey l'o-e i boring an artesian well on a lot in the rear of the Terre Haute House, Terre Haute. MARRIED. Br the R't Wm. Hiw. Feb. 26th. l-tCVat bet father s rtsioence, te. r Coiun bus, lrdiai;a, Mr. JrH F., m d of I Thoraas Gent, of Coiuubu, to Maat D., daohrer tf Hon.O II. I'. Abbett. MASONIC, A.sONiC NOTiCK. A special c-etinir of thi Mariou Lo.1, No. Ziu (r work, will be Leid ' :TG', eTn:r at . o elicit jnUN M. ER A 11 WELL W. V NOTICE. .spocra liocn. Fib. i7, T'tsi. A f',tlmto lo.I'e.1 a! ray hf3 on the lT;b ftf Febriiirr t the niae cf J. i JAM KS, Ifavjng a Sil- j r Wa c h aal a To krt Coos r r.ta.uia a smal mr. j wfiEOfT. Nt kcr.w::.(i nvtbin rmut Li redne 1 taj advr;ie. J. W. CAN AN, ! FRUIT. IHE ur.dersi-d have C'-BitUjsiorj IJ .j u s r.perjed a Wholesale Fru it and j e r iwffr thf Hee Hive, A Wab!npt.n awd ilerMian treet. have Cort.er hlDd 1 1 1 IH ,asnIL3 1,E:D AriLES' T0Whlth.auantkof o aad raira u c.ued. rbaa-:et oaoFF, aaawaraco.

AMUSEMENTS.

METROPOLITAN THEATRE. Corner tf Hiacfn and T'nr,rr Str"tt. .Manager.......' Mr. . II. ft I la- . Tuesday Evening, February 28th. 1 3 3t ,v r TZ i . SCHOOL FOR SCANDAL. faicci or Apaassn. Dren Circle ard Parartte, j nt; Pri H-.i. for i jrwn, ti '!; t-ch:r t. 75crt; .inrT anJ Family Circle, 2 crt; ChiHlrfD in arm, Iii; all rtsrvH sat Tic. Door opn at a qtartar I o'rloe. TfoTTnanc cotatnnc at hi o'clock roe!T. ( PAKTICLLAR JfOTlCK. Tr.- Hre Tars Uatf tke I Theitfr ferj ifnicg at the c! ff th jrnnance. People limine t a diotatice can rly .n tci. CONSOLIDATION CONSOLIDATION ! ' i Ff Posiiivcl) for Four MghLs Only Wednesday, Thursday, Friday and Saturday, .71 arch lsst, 21, :J! nutl Ith THE WORLD CELEBRATED PEAK FAMILY! Swiss Bell Kingers ! ! rpVTKSTY-TWO PERFORMER. l'WO SOI.O JL Flarpt-ts. Violinist-, riafii-t ar-t Vo-ai'.st 'Le largest trou-rf Reil I lMters ic the W.-rl.i 37 I Vfr It U I-. t.I. ! at the TVrrui 'mT four rirht. For further particular sä Prorsnirue-. Car 'sof admlnhioa CO c ttsChiltrcn -3 cat. Ticketa for aale at the Mumc Sture ai d Hotels, and st jMioor open at 7 o'clock; to c at ence at 7.V . A GRAND MTINKE w II be Riven on Saturday fürnoon for the acct'tnmoda'icn of chil lrrn. I il fren a luitteJ t the Ma'lri for 15 r-nt; aiult 25rrits. HUSK A (Hk'DUrX, feV2S-cC: Apt-lit. THURSDAY KVKSINO. MARCH 2 ii df is ;.". Karo-il Concert in Indianapolis. w ill (five one more, brii ui"-t ositive'y h-'.r r,wrll Conre rt, in th.w ctv, on Thür day evening, March 2J, ou which 'CCfiin tby ;11 iiitroune m.my freh gems of vocalization. MAdmission T0 tents. n'serei M a'73 cei ts, fur salt1 at Kft.hatn t Co's at.d Willard A Stowell'n Muic Stort-s. and at tbe door. Prof. J. M BOUI.IU, larertcr. D. G WaLIjKOX, Agent. ftb24-dOt C C la I P N E Il ! Falte lightü are e.Mbairhed when a G&aarTaLTH hines forth, and tbe incoctestible fact tbat the hair turiiii front jray red cr sandy ta a glorioi b'ack er browD, QUICKER TU AN Tili: CIIAMELION cbange it bue, under the operation of cmsTvnouo's iiaiic die: I now known throuirhont thf Amerirau continett. It ia j harmiesi, contains co cautic, iniprovf the fibres, pro j - ... i i i . !,.. . r . r i a warm brown to a glossy sal.l, and ia ndcTsed ty the ! roost eminmt analytic cberait In the United State?. Manufactured by J. CRISTADORO, So. Astor House, Xew York. Sold by all DruKji.st. Appüed by all Hair Irera. Jan2-decdAweow MARRIED LADIES w HOSK health will net admit cf an Increase family end a red atatnp for DR. STUART'S PRI VATE CI KCULAK TO MAKHIKD I.AD1KS. and common es will tell yon It 1 NO HUMBUG. All comaicnica tlornRtrlctly confidential. DR. DUDLET STUART, o-d O. Ih-awer V. Cbkaajo, lit. DISSOLUTION. Dissolution oT Copartnership. T !HK partnerhip heretofore eitinz U-tweni L. FflKer a.id S. Koth.waa d.soJeJ by n aiu.il ccutit on 'lie V31 iDst. L. Ffleer i aatborized to s. ttle up aM cla'ms to the above 'ate. L. n w.GKH, feb-24-d3: S KOilt. ANNUAL BALL. s SECOND ANNUAL BALL OF THF MACHINISTS ai.U blacksmiths' fi.ion No. 4. of iLdan. at Mafonic Ha I. Iijdunanoii.. lu-iiin on Kvclir EvfuiD?. February 27, lhfc.. Ticket lJiü. Ticket cu be ofc. tatoeti at tbdoor co the ev-niu of tee !!!! f-bi!3-d4t J LW, Chairuian of Cojnmittee. IRON WORKS. IRON WORK, WROUGHT AND CAST IRON RAILING, VFRANDM!, BANK VAULTS, IRON IOORS, 8HLTTKRS, BOLTS, FLAIN AND ORNAMKXTAL IRON J.TAIU AND ;i:i:it.L iioim: synriiixo. WILDER OF Z. ii'9 lllt-iat .lull. - B. V. HAUfiH A- CO., No. IC Nonh IMawar Srrft, lri-!'ripf'':s. an-T-'i4ni HOTELS. PLANTERS' HOTEL, ACTON YOUNG. Proprietor, FORM K.KLT OF NAMIVILI.K. TrlNSK'sfc., ! Sixth St., between Main and Market, TJouiMxrillo. ICv. WANTED. w ANTFI A Ko! Man to wait t;in a ki rr .. iool rt 'll t pd a r" a.M Ir.-i'ie i tr.e BAT an BOLJOs SAljIMjN FOR SALE. FIREBRICK JJSTJD CLAY 7iRK CLAt Id barrel f r rh;pnsnt A1m. r!e pro prietor for he Hum'tctuf o' F.lbry' Patent a tnaeyiipn country oroer prtnn!? ri'ri at low est prtcea. w. c JOHSTOX, f-t23 dlw . 5. lij ni r 9'rei. CiR:iLntl, O. GROCERIES AND PRODUCE. A. V. LAWRENCE, jr Wet Wathffirtou ttret. -".it,, Cah pKf foe ail klart of Cowstry Prodoee. 3aal.15a

mmmw

the, tralUlAMi

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AI lvoCAL1"s -inlufca

U. Ü. LOAM.

Ty aniacri-j r-f tha S'ctary of the Trrar.ry, the car;tjTJ at tk Gnral atCT:pia jAgtary for tha al f CrJte4 StataTratr,ry Ifts, tearinr, tren as4 Ikree-teutlrt per crt. l&trt. pr actum, known as Üi SBVBMIRTf LOAN. Tar 5c!n ara lu! nr,!er Uate of Ai(tt I5;b, lCt, aal art payable tlr years frota that tioe, ia errrx-j, or ara convertib'a at ib cj Uoo of tb k!Jer tat ! U. S. 5-20 SIX PER CENT. Hm Bac-' mr low wth a prvoiiaaa of t-it per cot , ioclaltf foil '.aterest frota Koveoaber, which make tbe acta! profit oo tas ? 3e loan, at enrrvtt ! rate, lac'u.iisf IstereM, aboat tea per t. per anaura. I i feesivlra Us oxu'jii fio$ Halt rul ttnic,ji! ljr,t- ' j ti, c4tV4 add rem ? t" tire fr crf. ,t ivii ca h property, n. !ctere4 Is payable seal acr.cally by ctpt-La attached to each not, akiri ms y be cut S ard aoVt la ary t-aiU. or banker. Tb Utsrect amour. ta to i One cent per day ou a Q50 note. Two cent $ioo $300 $1000 $5000 ,Tcn 4 '20 Nue 4 ot a!l Itttouinaiivb aameJ will to promptly Ciis(i upon rece pt cf rabCTiptir. Thia ta TUE ONLY LOAN IX MARKET cow offered by tbe Government, aad it ia ccfn!a' Jy ei-P-c d that it supiivr aJTnte- will ruaie it tk GREAT POPULAR LOAN OF THE PEOPLE. ! than $200.O0o,lH)U rataain ubmM, which will probah!y be disposed of wittin th bait W ux 99 days when the nute will probably command a premium, aa ba ua formly beea tbe ca oq elo-tni tba absorptions ta rhr !ean. In or.Jsr that cilirer. in every twn and taction of tha country may be atf irded faci'.Itiea for takle g the loan, the National BaLks State Back and Private Bitiker throcKhont th cnntry hava a;enera!lj ajrreed to receive nbKTtptioua at rar. .ubsenber will select their I on atjents, in wbotn tbej have cwhCJence, aud who i OL'y ar to be iepir,vib!e for the delivery of the bote t ! for which they rtceive oriera. JJT5T COOKE, j Subscript!:) Ageot, PbtladelpLia. I SuSscrij'tion will bt recei -ed by th FIRST NATIONAL BANK, Indianapolis. INDIANAPOLIS CITIZENS frM5.i3ai wSru U DRY GOODS. DRY (100IK STORE, JOHN RYAN & CO, Wholesale and Retail STAPLE AND FANCY DRY" GOODS, 5 East lVahsington St., i AT THE OLD STAND OF M. H. GOOD. Respectfully aaiKatic to thacitheaa of ladlanapolU aud tho urrontidinR country that thy hava purchased tba tock of U. a. Good, eonaistiBft STAPLE AND FANCY DRY GOODS, TTlicb tley tew offer tbe plVüc at GREATLY REDUCED PRICES, Aui will Aei! tha entira atck REGARDLESS OF COST, la order to maka room for th X "LjG. UL E XT S 32 STOCK They are n.w receding. I'urclinsrd for a)Ii xtt the Lutr Ilreak-Do ii Snlrs In Xfv York. Aa4 w-2' La aald at pr cea heretofore UNKNOWN IN THIS CITY. J. R. & CO. ! ResjectMJy .diot tke a-S. HerrhatU. Fanter, aad tb pntic rteial'y t caH ad emf:e ihHe ik b. j fo thy perrhae a ir.f; aüar'a w.rth of drT food' 'a Bargains will be Given At tbe old ktatid of M H. GOtiU. JOIIK UVA. & CO.. Itiirua. Teh. 9, 1-4S. fbl-dlai-In FOR SALE. V JONKi Heal rtate Uralter. 4 p'.etiJiil ßardca Fa'a cf Thlrry-ose Arte wel cf V i:y, fT which oee city roprny wäl b t.km arartpay. a iriCiaB Jck Renter n Verth ileriüaa treet, ta.hed la ti rer beat atyt. with ry caa veaieuc couUl b dnlrA. lot Iäü o-4 n w;u clw.ra. n, Tort. Ary cWrlr( a tod plec f pre v. trtj caanc da tetter than ftt tkii. MlSi