Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1848-10-18
RIGHT OF VOTING.

letter from SHERARD T.. CLEMENS one Of the
commissioners TO conduct the Presidential Election
in the county Of Ohio, was referred by Gov SMITH
10 the Attorney General, S. S. BAXTER, Esq, for
his opinion upon the following questions:
LIST. Can the commissioners no,c under our law
keep the polls open, or adjourn the taking of the
votes, Tor three days, for any cause whatever or
must the votes be all taken OH the Tuesday desig-
mated by the act Of Congress- or be no, received at
all.
2nd. Can he who offers to vote, merely as tax
payer, and head of n family, vote unless he has
paid the State tax of lS47 with which he was as
sesSed, and that IN The county where he offers to
vote?
Upon review of the Constitution OF the United
States, and The laws made pursuant thereto bear
ing upon the first question, Mr. BAXTER SAYS 81
think it clear that the commissioners TO conduct the
election cannot keep open the polls for three days
but the election throughout the State must be com.
peted on the Tuesday next after the first Monday
In November" In regard to the second question
he says:
"I'he description of the qualification of voters in
the election law of the 18th February, 1914, is
controlled by the constitution of the State
nat instrument gives the right to vote to eve
! ry citizen who for twelve months next preceding
has been house keeper AMI head of family with.
In the county, city. town or borough, or election
district where he may offer to vote, and who shal
nave been assessed with part of the revenue Of
the Commonwealth within the preceding wear. and
actually paid the same
| 1.-The preceding year here mentioned, think. is
the calendar year. The fiscal year is an artificial
division of time, made by the fiscal law of the
Commonwealth merely for convenience OF transact
ing the business of the Treasury 1t is not estab
| nv tho
to make it authority by which the constitution is tc
| be eXpounded.
10 control the construction Of the constitution
by laws made by the Legislature, would be to make
the less control the greater.
| "1he calendar year is well known division O,
Time recognised among all Christian nations, and
entering into all the transactions of society
'lhis think is the year recognised by our con.
sttutlon, and as consequence, the pc, son who of
fers at the election to be held in next November &c
vote as tax payer, must have paid the tax assess
ed for lS47.
''But if he has resided in the county or election
district In which he offers to vote for twelve months
next preceding the election do not consider it ne
cessary that he should have been assessed in thai
county or district for the tax of the year 847 pro
vided he has been assessed, and has paid the fax
of lS47 in another county in the State
at is necessary he should be a citizen at the
time he offers TO vote, and has been assessed with
and paid the tax for the year lS47 and it is neces
sary that he should have resided in the county OF
district in which he offers TO vote for twelve months
preceding the election. But the constitution does
not require that the voter should have been assess
ed IN the county in which he offers to vote.
The assessment for the year lS47 is made or
the LIST February. A citizen in one county NAV
have been assessed, and may have paid his tax fol
that year. and may have removed to another coun-
ty, and have resided there more than twelve months
| preceding the election. Such a person, think
would be entitled TO vote"