The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1850-09-19

Territory at the time Of the passage Of this act,
''shall be entitled TO vote at the FIRST election"
The qualifications of voters at subsequent cleo
lions, were specified by more recent enactment,
and those only were entitled to vote. who had been
SIX months resident in the Territory.
From the authorities before cited, it clearly APP
pears that inhabiiancy, residency and domcil are
legally, synonymous terms, and imply an actual
fired establishment IN q place Without iateati0a
Of Temorol
Soldiers cannot be regarded as coming within
this dctnlion and a statute requiring mum to be
AN Dhabitant or resident before he eau vote, must
necessarily exclude them. They have no fixed
abode any where. Theirs Is essentially migra-
tory existence subject to be changed, and intend
ed TO be changed whenever the War Department
shall 10 direct.
They are TO be regarded (as many others in the
employment OF the government are )as having their
domcil at their homes and not at The place where
they performing duty.
An absence of fve years has been held not to
change the domicil Of party who has left home
seeking temporary employment. Knox s Wal
doborough, Greenl. ass.
! Persons who reside on lands purchased by or
coded TO the United States, for navy-yards, forts
| and arsenals, and where there is no other reser-
walton of jurisdiction to the State than that of
| right to serve civil and criminal process on such
lands, do not by residing on such lands, acquire
any elective franchise inhabitants of such towns.
| Opinion of the Judges, l Met. $50.
| In January 1926, in the contested sea, for Dele
gate to Congress John Biddle and Gabriel Rich
ard, vs.. Austin f. Wing, the sitting member OF
Michigan Territory, very able report made
by Mr.. Sloan, chairman Of the Committee of Elec-
tons, which seems to settle, rather, distinctly,
to recognize as already settled, the doctrine that
soldiers of the United States Army, have no right
to vote in Territory.
| In this contest, several classes Of voters were
objected being disqua lifted amongst the rest,
discharged soldiers of the army.
| The Organic Act Of Michigan Territory, pro
vides that "every free, white male citizen of said
Territory, above the age Of twenty-one years,
who shall have resided therein one year next pre-
ceding the election, and who shall have paid a
county territorial tax, shall be entitled to vote
at such election for Delegate TO the Congress OF
/ the United States, in such manner and al such
! times and places, as shall be prescribed by the
Governor and Judges Of the said Territory"
| The reference above to tax paying, is the only
! particular in which this act differs from the Or
| ganic Act of Minnesota; and does not appear to
have had anything TO do with the question before
the COMMITTEE; but their opinion, which follows,
appears to be based solely on the abstract, indie
pendent ri ght Of men in the relation Of u. 5. SOL
diers, TO acquire the right to vote at election
''whie they remain in the service
| Here is the language Of the report, Cease 81 OF
Contested Eleclions.)
1.-The second class to which objections made,
consists Of soldiers Of the army discharged from
service. within one year next preceding the cleo
| ton. The Committee consider it entirely unne-
cessary To enter into an argument to prove that
officers and soldiers Of the army, by being long
cna areti in no 'Eatritnry do hxt that
acquire the right 10 vote at election, whilst they
remain in the SERVICE nor do they consider it any
more necessary to attempt to prove, that after
being discharged, they must acquire the rights Of
electors in the same way that other persons would
who had not been thus in the service"