The Clerk read the majority report, as fol 0W3: The ComElections. to whom was referred the petition of Au ustusC. Baldwin. claiming a seat in the 39th Congressus Representative from the 5th congressional district of Michigan. report as foTlloh werse:is no questionof fact and only one of law. involved in this coptest. The constitution of the State hf Michigan, article 7. section 1. roadsas follow“ sz Sec. 1: In all elections. Every white male citizen. every white male inhabitant residing in the State on the 24th ds yofJune. 1835; every white male inhab itqnt residing in the State on the 1stdagof January. 1800. who li:is declared his intent ion to seemsa cit lren of the U.S. pursuantto the lawsthereof 6 months preceding an clect on or who has resided ilr this Sthte two years and 6 months and declared his intention as aforesaid and every civilized male inhabitant of Indian descent isnative of the U.S and not a member of any tribe shall be an electorand entitled to vote: hut nocitizen or inhab itantshall be an elector or entitled to vote at any election. unless he shall be above the ageof 20 one years and has. residedin the State 3 months and in the townshipor ward in which he offers to vote telnhdoaylisrsnteoxnt rseecceodnidnsges cutciohnesl of catniona. c"t of the legislfarhre of that State. passed February 5. 1864. are as o ows: "Site. I. The jieople of the state of Michigan enact. That over white male citizen or inhabitant of this State. of the ageof 21 years. pom –casing the qthitlifications namedin article 7. section ono. of the COnRllluil of lof the State of Michigan. n the militarv service of the U.S or of th sStotc. in the [i chiganregiments. companies, or batteries shall be entitled to vote at all of the elections authorizedby law. as provided in this act and everysuch citizen or inhabitant shall thus be entitled. in themannerherein proscribed. whether at the time of voting he shall be wrrlSriinzet. he lllllllS of this State or not. 2. Lvery soldier belongingto Michigan regiments and bhttones or comlpaniesi. n themilitary service of this htatoor of the U.S. orvolunteer soldiers. residents of Michigan. belonging to regiments. batteries or companies. sresent on the day of electionfrom other States. Iucluing officers and their staffs. surgeons and asstsurgeons. chaplains and commissioners a pointed under this act, shall if possessed of the qualifications set forth in sectionone of $18 achbe entitled to the beuchts of the provisions oreo. Under this not of the Legislature. a large numberof votes were cast by soldiers outside the limitsof the State. If these votes can be lawfully counted. Mr. Trowbridge has a mfiority of the whole and is entitled to the seat; if not. Mr. Baldwrn. having authority of the home vote is entitled toit. It will be o served that the clect r is pprohibitedby the constitution of the State (takin the interpretation of its supreme court ascorrect) from voting outside of the township or word in which he resides, but by the act of the Legrslaturcis allowed. when absent in the military serviceof the country to vote even outside the State. Herois an unmistakable conflict of authority. The constitution plainl prohibitswhat the Legislature as Blainly permrts. he one authorizes the election to o held only in the township or ward the other at milithry headquarters. The power to act at all in the premises so furns concerns representatives in Congress is derived from article 1. section four, of the constitution of the U.S. which is “ as follows: The times. pluces and maiiner of holding elections for Sen&Reps shall be prescribed in ouch State by the Legislature thereof 1 but congress may at any time by law make or alter such regulations except as to the placcs of choosin Senators.” Here the power is conferred upon the cgislaturra. But whatis meant by "the Legislature ff Does it mean the legislative power of a State. which would include a convention authorised to prescribe fundamental law or does it as known in the politic maleahnist theory Leogftihslcatcuoruenetory nomine. I The committee have adopted the latter construction. At the time the constitution of the U.S. was written. There existed in the 13 Statesfor which it was designed. Legislatures created or restrainedby some fuudamontal law in the shape of charters or constitutions v pry much as they exist ii ithe several States now. With this fact before them, it is not probablo that the framers of the constitution. if they intended to confer this power upon State organic convent ions. would havq chosen some word less liable to misconstruction. It is also a parent. from the manner in which this wordisus in other parts of the instrument. that its framers rccpized a wide difference between a continuing Legislature and aconvention temporarily clothed with power to prescribe f“undament allow. Article 5 providesthat Congress shall call a conventionfor proposing amendments” Q “ “on application of the Legislatures of 2/3rds of the severalStates.” Also that amendments shall bevalid when “ratified by the Legislatures of 3/4ths of the several States or by conventions of 3/4ths thereof. as the one or the other modeofratification may be proposed by the Congress.” Article 7 providesthat the ratification dfthe conventionsof 9 States shall be sufficient for the establishment of this constitution between the States so ratifyipg the some? The Convention closed their laborsWith the followmg resolution: [Zaolved Thut the preceding constitution be laid before the U.S. in Congress assembled; and that it is the opinion of this Convention that it should afterward besubmitted to a convention of delegates chosenin eachState by the people thereof. under the recommendationofits Legislature.” Iuthescextructs the wo s “Legislature"and“convention " nre both used to denoteditlorent legislative bodies and in such contrast as to clearly indicate that thoformer is employedi nits historic rather than in its normal sense. In article 1, soction two. the words of the constitution are. “tho electors in each State shall have the qualifications requisite for the mostnumerous branch of the State Legislature.” Did anybodyeverhearofacoustitutionsl conventionin the history of this country composed of two houses?Article 1. section 3 proVides that “ the Senateshall be composedof 2 enutors from each State. chosenby the legislature thereof.” In article two. sectionone. it is said “ each State shall appoint. in such manneras the Legislature thereof may dinect a number of electors.” die. In section 8 of lllllclt: one.” the consent of the Legislature of a State" is required beforethe U.S. can purchuse pluces forforts. 8:o. Again. in article tour. section four, it is said that “on application of the Legislature or the Executive. (when the Legislntnre cannot beconvened.)Congress shall pr o tcct each State a nst domestic vrolence.” It will hardly ho claims that a constitutional convention could perform the duties thus conferred upon the Legislature: much lessthat it could forbid the Legislature:o min: from discharging them after its own dissolution. But the legislation of Michigun maybe sustained as against the constitution of that State even if the word Legislature is to be taken in its most enlarged sense. hatever power the convention of that State possessed to prescribe tho places of holding clect ons or Representatives in Congress was derived. not like its other powers from the people but from the constitution of the U.S and that too. because it was a constructive Legislature. The power conferred is a continuing power. It is not uspdup when once exercised. but survives the dissolution of the convention. The words of the constitution are as potent than as before and if there is any legislative body in the State that can be properly called a legislature they uppertain to it in strongl asto any prior legislative body. They do not authorizeany convention or Legislature to tie the hands of its successors. The people authorize accnvention to dothat wherethe (t e pen leof ichigpaeneglahnaovpeopwoewrteore. bnulatrcgeerotar irnelsytrtihcet the nnguage of the constitution of the U.S. This view of the case entirely harmonizes what was at 1st supposedto be a partially adverse precedent in the caseof Shiel vs. Thaytw. from theState of Oregon. It was said in argument that theLegislature might abusethis power. but that does not disprove its exist once. It would be equally liable to that objection if lodgedin any other Deptal: government. It is not claimed. however. that in this instancethe power wasabused. Mr. Baldwin conceded that to allow a voteto becast by a soldier detained in the service of his country wa sa very properuso of the power, proVided the Legislature possessed it. If. owever. it sahuothuoldr itiyn the future be abused. Congress has entire to correct it. But. again. the contestant claims that a State has the power to prescribe the qualifications of electors and may exercise it by an organic convention. to the doi sXpoolslleBdlOtoollfcothnetr Legis overtalhtulorep. osTithioenc. omThmaittteoewacrer hnaost ihnce the comnacnendeerd stuogtghest States and exercise by them from the beginning of the Government to the present time. But it does not follow as the contestant supposes. that the place of holding the election for a cpresentutive in congress may be prescribed as one of the electoral tions. control over the plhcc of voting hualilloa is odgedin the Legislature by the unmistulrable languageof the constitution. ahdoaunot. However disguised by names or circumlocution of words. he transferred to another Dept of government. Now. the constitution of Michigah either fixes the place of holding the election orit does not. If it does not. there is no conflict between the law and the constitution, and the argument is at an ond. If it does. then. as before shown. the convention which adoptedit entirely oxcceded its power. Unless such convention is to becon sidered a legisloture by construction; and in that; event its power. As has also been shown was just ns ainle as that of any subsequent Legislature mnd nomore. he power to prescribe the place, whother called 5 qualification limitation or condition is still ves in what the constitution culls "tho Legislature.” and there it must remain. It cannot bedivestedby giving it another name, however apt it may be. he committee. then. submit the following resolution and recommend its adoption: Resolved. That Rowland h. Trowbridge is entitled to. a seat in this House as a Representulive in the 39th Congres sfrom the Mth congressional district in Michigan.