Page:Rison v. Farr.pdf/2

162

Rh

Hon. L B, Circuit Judge.

Argument for Plaintiffs
R. C. N, for plaintiffs.

In construing the constitution in reference to the qualifications of electors, the intention of the convention may well be inquired into; and the intention of the convention not to confine, absolutely, the qualifications to those enumerated in the constitution may well be inferred from the fact that, in an election directed by the convention, other qualifications were prescribed. Sec. 2, article IV, State Constitution. Also, Schedule to Constitution, sec. 1.

It is submitted that all persons proscribed by the act—(Pamph. Acts, 1861, p. 48,) had voluntarily renounced their allegiance to the United States; and had ceased to be citizens thereof; and were not therefore, qualified electors under the state constitution.

But if the law be unconstitutional, still the ministerial officers