The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-18

words "lnbabiant" and "residentn which the courts
Of law had long since established Indeed, the SUI
preue court of New Jersey, had before then, in a
well considered opinion, delivered by Judge Day
ton, lthe chief justice and associates coDcurrngD
decided in accordance with the adjudlcatons OF the
courts in other States, and OF the United States,
"that domicil may be defined to be residence IN
a particular place, accompanied with positive and
presumptive proof of continuing il an unlimited
time" This too was a case Of election, arising I'M
der the constitution of New Jersey, and the learned
Judge remarked, in giving the opinion, "that stu
dents of our colleges and hundreds Of others, scat
tered land and sea- engaged for the time being IN
the prosecution Of some transient object, are con-
sdered in law residing al their original homes"
Al the time Of the congressional election in ques-
ton, this statute OF New Jersey had not been re.
pealed. If then il in force, il requires no ar
eument to show, that the twenty nine students were
msDifesdy excluded thereby from voting What
answer Mr. Speaker do you think is given to this
position Verify, the honorable gentleman from
North Carolina, LMr. DosBR,l claims that the
adoption Of the constitution Of New Jersey suisse
s.eni TO the passage Of the act Of the legislature
operated as repeal OF The ael. As wen %sn, ne
claim thai the new constitution repealed al OF The
iprior Legislative ensctmsais of thst State, for the
iconsttailon OF the State adopts The common law,
and think il is manifestly shown that the statute
is in afrmance of that law and hence that il is not
repugnant TO the constitution. Is the doctrine
sound.
bic of two different definitions, the legislature cannot
prescribe which Interpretation shall be adopted If
the act be IN existence when the constitution
is framed, the proper conclusion -, that The
convention forming the constitution used The
word with reference to the statute, and IN ac-
cordance with the definition therein prescribed.
Whether therefore, the statute be passed before or
after the formation Of the constitution, ii is equally
operative. If the statute be passed after the adop'
ton OF the constitution it constitutes legislative
adjudication upon the meaning of the word, and Is
conclusive, as the decision Of a court OF law.
Hence the legislature of New York, under pro-
vision in the constitution Of that State quite similar
in this respect to the constitution Of New Jersey,
has enacted that person shall gain or lose res
idenee by leaving home TO attend any seminary Of
learning.
But the argument of the honorable gentleman
from North Carolina is based mainly upon the pro-
ceedings in the convention which formed the const-
tuition. What were they' "Mr Zabriskie a demOcrt-
ic member) moved to amend, to exclude students
who had taken up transient residence from vo-
ting" Mr.. Hornblower Ia leading wing member)
opposed this motion, in a speech OF some length
and said he had no doubt that there then mapy
men who came there for Gin one sense) a temporary
and not permanent residence, that is TO say, until
PrOpidtnes should call them .lseiohers, or as long
as they should support themselves. There
are he said) many students loho erpsct 10
un 10 their native State, nor 10 remain here but for
course Of study" and insisted that such students
ought to have the right to vote. Mr.. Vroom Of the
democratic party said che thought it better to leave
it to legislation" Mr.. Zabriskie thereupon with
drew the amendment. This is the substance of the
proceedings before the convention, so far as they
have any bearing the question under discussion.
When Mr.. Vroom, distinguished lawyer, express
ed an opinion that it should be left to legislation,
member Of that convention, even intimaied that
such legislative action would be repugnant TO the
constitution. The proposition was obviously with
drawn, upon the ground that the subject was within
legislative control. The proceedings Of the conyen-
ton, therefore, make against the position taken by
the honorable gentleman from North Carolina,
rather than in favor Of it. The constitution was
framed with the decisions Of the courts, and the
statute before the convention both prohibiting such
soourners as these students were, from being deem
ed residsnh and the convention adopted that word
in accordance with both the statutory and common
law definition Of it.
The honorable gentleman from North Carolina,
perhaps, feeling some doubt that his positions of
law might not be sound makes up an issue of fact
which will proceed 10 try 1t is this: that it np
pears by the evidence that these twenty-nlne stu.
dents did not expect ever TO return TO their homes
If this so, that circumstance forms no answer
to the objection against their voting for to constitute
them residents, it must also appear that they in
tended to make these places, at which they were
at school, their permanent abode, in order TO consti
tute them residents.
The rule by which mans intentions are to be
adjudged is his acts. Acts constitute the only law
fuI evidence of his intentions. In an able opinion
on this subject, Judge Washington says: "That a
material ingredient in changing the place Of resi-
dence is the intent; but the intention is to be collect
ed from the acts, and not from the declarations Of
the party" So party to an alleged fraud, called
upon to prove his good faith in sale of property
is never permitted to speak Of his intentions. He
must disclose the facts, and the jury will judge Of
his intent
In this case, not one Of the students disclosed
fact tending to show that they did not intend to re-
turn to their homes. They .swore to conclusions
of their minds but gave no facts in support Of
such conclusions. The eighteen students who were
| examined upon oath did show quite conclusivey
that they had read the speech made by Chief Justice
Hornblower, in convention; for he had predicted
in the State convention, that many students did not
erpect TO return 10 their nare State, and the whole
| eighteen iesfif fed in substance, under the solemn
sanction of an oath, that they did not erptct TO re-
Turn. He said that many students expected TO
Stay till The providence Of God called them else,chsre
and they that they eTpecied TO stay, until the
providence Of God directed otherwise. Some testified
that they intended to remain there permanently as
long as they said, Z" and none would admit that they
designed to return home. All this was in direc,
contradiction to the printed catalogue designating
their places of residence--a catalogue which must
have been made out from intelligence derived from
them and was under theirday observation But they
may have felt themselves justified; because they
had only sworn up to the point designated in the
| speech of Chief Justice Hornblorcer. Verify the
great wing horn of New Jersey was blown and
these twenty-nine students personate the smaller
| notes, which came from the echo.
| Although this testimony was wholly incompe-
tent, yet if competent, it is unworthy of credit. Is
| it probable that these twenty-nne students expatr
nted themselves when they left the parental mansion
for school Hso, it was the most remarkable occur
renee which ever happened, before since that
time No this cannot be true. They left with the
manifest expectation Of returning home when their
studies were finished These students who had
been so wrought up by political excitement as to be
induced to decline stating for whom they voted, for
the purpose ofaiding the sitting member ought not
to have trusted themselves to testify in regard to
their intentions when they left home.
But it is said that these were students in theology.
Not So Their testimony shows them prohcients in
casuistry. The simple hut sublime truths of that
religion which they profess could never have driven
them hack to the schoolmen for models, or taught
them, with an adrot play upon words, to conceal
the purpose Of the heart. A fearless, frank and
manly disclosure Of the whole truth, alone can