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

tied TO time and specific in its character and from
the beginning they expect TO leave, and they do dis
| perse when that object 10 accomplished. Are sucf
students residents at these places OF temporary abode
within the meaning Of the constitution OF New Jer
sey Do they lose their residence IN the other States
or counties from whence they came, and gam le
gal residence in the congressional district embracing
| the schools in question The word " residence
does not of itself designate whether permanent OF
temporary abode is thereby intended. The eircnm
stance that this word is capable OF being quaIlhec
by oining il to others To designate longer OF
shorter period of time; fixed inhabltancy or TEN
porary adjournment, demonstrates the necessity o
looking beyond the letter for key TO its inter
pretation
! five examine the books for aid upon this ques
ton il will be found that various discussions ana
decisions upon the words domieil nhabitant, settle
ment and citizen, as well as resident, are capable
affordng us some light to guide US IN this investlga
ton. Questions much like this have arisen in die
cussions upon the law of nations. That law hai
recognised certain special rights in class OF mel
whose condition falls short of a citizen and rises
above sojourner. In order TO avail himself Of such
right, the claimant must have domicil in the cOun
try under which he seeks protection. II his mteR
ton Of moving TO such country "was 70 make per
manent settlement, or for an indefinite time, ths
right OF domieil is acquired even by residences Of
few days" In this language, Judge Washingtoa
has sufficiently defined tho legal incoming Of ths
word residensrs The same proof winch was re
quired establish the right Of domici is also neces
sary in a case Of residence.
The word citizen Is onen used in sense synony,
nous with that Of resident. By the constitution OF
the United States jurisdiction is conferred on the
federal courts in where the parties are eizsIi
of different States. The courts have uniformly held
that citizenship when spoken OF in the constitution
with reference to the jurisdiction OF the courts OF the
United States means nothing more than residence
of citizen Of one State should think proper 10 change
his domcl and remove himself and family III he have
one) into another State with bona ds intention Of sban.
do ming former place Of residence and to become In
habitant resident the State which he removes this
makes him a resident Of the latter State
The supreme court Of the State Of New York has
decided that inhabitant and a resident mean the
same thing, and that resident within the State IL
not one who had a residence Of temporary nature,
but one Of permanent and fixed character"
Chancellor Waworth held that inhabltancy, resi-
dence, and domical, "mean a fixed and permanent
abode or dwelling place, for the time being, as con-
tradistingushed from a mere temporary existence"
In the construction Of the poor laws, the same
rules have been applied to the Interpretation Of the
word settlement. Every man has lawful residence
some where and that is equivalent To the place OF
his lawful settlement II he be an infant, his res
dence follows that Of his parents. If his parents
gain new residence that Of the infant changes with
theirs. II no other residence be found the place
Of his birth is his settlement. Every person has a
lawful residence, and it is always found between the
present and the cradle. The first, OF necessity,
is retained until new one is acquired
In order to change the place Of ones residence, in
the legal accepation Of the term, there must be
absolute intention OF forever quitting the former
place of abode and the actual moving TO the new
home, with the undisgused intention Of remaining
there an indefinite time, If the length OF time be
ia 80 ka nj indian
dence is gone, and nothing above the condition of
sojourner is acquired.
The three coilegans, and those Of the theological
students who were called upon to testify, gave their
places of residence. The catalogue Of the theolosi-
cal seminary under the head residence" designates
the domicil Of all the students in that Institution.
OF the twenty-ninc who voted, one resided in the
State of Kentucky, in the Island OF Ceylon, one
in Alabama, two in Mississippi, one in Ohio six in
Pennsylvania, one in Michigan, one in Maine, one
in Marylsnd, one in Tennessee, nine in New York,
and FIVE only in New Jersey; and not one Of them
in the district in which they voted unless Il shall be
decided by this House, that the departure from
home, and entering institution for the temporary
purpose Of gning To school for certain period OF
time shall constitute lawful residence.
These Young men could feel no strong and abiding
interest in the civil institutions of New Jersey. Their
attachments naturally centred about their homes
and their kindred. There would they go in sick
ness and misfortune; and the day Of pastime and
Joy, would send their bounding footsteps there.
But TO name college home, is burlesque upon the
word 1t were more appropriate TO call 1t prison.
1t must be against the policy Of New Jersey to
permit mere students coming from abroad and from
other States, with no knowledge of her laws no &C
quaintance with her candidates for Office, and no
feeling OF responsibility for her prosperity, to take
part in the choice Of her rulers Whoever should
be entitled to the exercise of this important prvil-
eye, should first have become Incorporated into her
society. His interests should interlock with the in
terests Of her people; his patriotism and his love Of
country should have q home there. IL her liberty
in danger, he should have place for retreat
but cemented by ties stronger than life, should be
prepared to sacrifice all for her safety.
! In this respect the well-beng of the students and
the institutions of learning coincide with that of the
State. Parents do not send their sons there to be
converted into politicians. The exertioDs which
they make of TO educate their children would be
| lily requed if, instead Of acquiring a thorough
knowledge Of their studies, to fit them for honor and
usefulness, these young men should surrender them
selves to the hot spirit Of party srife sure Of being
politicians, but scholars never. Let 1t be known
that these institutions, which occupy so high ranl
| in this country have entered the political arena
that the students there are allowed be pressed into
the service of ambitious aspirants to Office, and
pronounce their usefulness and prosperity at an end
No discreet parent would ever trust his offspring tc
their charge.
by the constitution OF New Jersey, whoever o.
her citizens shall have had the misfortune to lose
his property, and has become so much worn out by
age, Frustrated by disease, as to compel him &c
lean upon public bounty for support, is excluded
from any participation in the choice Of his rulers
and this too, though he may have been the creates
public benefactor in the State: yes, though he may
have projected railroads, built up towns, improved
the mechanic arts and the agriculture of the State
and poured the treasures Of commerce into her DO
som, yet this constitution allows poverty to sink
him to the grade of criminal; and for this cause
denies him the right of suffrage. II the people o
that State have been thus strict in guarding the RICH
Of suffrage, can it be maintained that they intended
to extend that important privilege to a mere so
journeri No. The policy of the State and thu
well settled judicial Interpretation given to the wort
resident, unite in forbddIng such a temporary resi-
dent the right Of suffrage
Whoever may not be convinced by this view o
the case, should not close his Investigations here
The first constitution Of New Jersey, adopted il
l776 allowed all inhabitants of the colony offull ag'
who were worth fifty pounds and had resided II
the county in which they claimed to vote for twelv
months, Immediately preceding the election to vote
| f.. Ill or cora electiys hv cnpatu