Washington sentinel., 1854-06-04

formity with the joint resolution approved this
day. JOHN w. MAURY, Mayor.
OFFICE OF CORPORATION ATTORNEY, .
June 2, 1854
Hon. JOHN w. MAuRY, Mayor.
SIR: / have TO acknowledge your note of this
date, communicating 10 me The resolution passed
by the two boards last evening, and approved to-
day, requiring me "to furnish, for the use of the
Of Election at the several Wards,
such legal advice and suggestions touching the
qualifications Of voters, and especially with refer
ence 10 the recent decision of the circuit court
the same, as may facilitate the dis
charge of their duties al the approaching cleo
tion."
II is 10 be regretted that so little time is allowed
for The preparation Of so important paper. But,
after considering the subject maturey as is pos
sible under the circumstances, submit the fol-
lowing:
I.--Tssts Of Qualification
The tests Of voter's qualification are TO be APP
piled onths day Of election, and are as Jolocs:
l. Is he a free white male citizen of the United
States.
2. Has he attained the age of twenty.one years
3. Has he resided in the city of Washington
one year Immediately preceding the day Of cleo
ton?
4. Is he resident Of the ward in which he offers
to vote?
S. Has he been returned on the books Of the
during the year ending 3lst day OF
December last as subject TO school tax for that
year or (lclich IS the same thing, nnder the recent
decision of the con,t was he liable to be so return
ed, and has he been omitted through the inadvert-
ence and oversight of the assessors; in which case
he is to be considered ifin fact returned on the
lists?
6. Has he paid the school taxes and all taxes on
personal property due from him
If all these questions resolved in the afirma-
tive. he is, by the terms of the fifth section of the
ch rta of TSlS g VOTE" unless he be
!" non conpos mentis, fragrant panper, or shall hare
been conuicted Of an infamous crime
1.-THE SchooLtaa List.
/. Persons whose names are actually on the
lists to be presumed rightfully there. II is 10
be presumed that the assessors being sworn Off
GERS, have done their duty, until the contrary app
pears by proof N
i e. In receiving other persons as having been
inadvertently omitted by the assessors, the COM
nlissoners are charged with a similar duty with
that of the assessors; and if they are satisfied by
the proof that the party ought 10 have been re-
turned on the lists, and was omitted as aforesaid,
he is TO be considered tho lasts, and the same
presumption arises in his favcr; SO that being
challenged, that presumption must be overcome
by proof
3-Proof that party has been omitted through
inadvestence.
The affidavit the voter himself and of known
and credible witness, in the form prepared by me
opinion, be sufficient proof The credibility ofthe
parties making the oaths is of course not TO be lost
sight Of by the commissioners, whose conscieEces
must be satisfied (as in the of juror that the
fact is proven. They will of course not yield 10
mere surmises or untounded doubts but, as there
seems 10 be great room Tor abuses in this particu
lar too much care cannot be taken 10 prevent
them.
NoTE.-I do not mean TO say that the proof in
the form prepared by me is the only proof which
hof fonfpn ha uaI NV axI,if-
ness at the polls; or by production Of authentic
receipts Of the COLLECTOR for the school tax, dated
and given prior 10 the 3lst of December or by
the production Of the previous school-tax list, ac-
companied by proofth the voter had continued
TO reside in the Ward, or had given notice to the
register Of his change of residence 10
another ward
III.-Chalenges.
l. Challenges will not be entertained by the
commissioners when they are manifesty frivolous,
or made in bad faith TO embarrass the election.
The ordinance of Is -6 further requires that when
the point is decided there shall be an end Oft
2. The want of either Of the six qualifications
above mentioned (under the head Of @tests ofqnai,-
cation') is good ground ofchallenge So also that
the party is non compos naentts, vagrant, pauper,
or has been convicted of an Infamous offence, as
thetf p Dn,y, Joygcry, &C., of which the record is
the proper proof
IV.-Conuenienn Mode Of Proceeding.
anime if he he the poll list. If he be, and pro-
duces his receipt for the school tax ar personal
tax receive his vote unless he be challenged. III
challenged, see 6eloac.)
g. If he state that he is not on the list, on ex-
animation prove not 10 be so, require OF him the
proof that he was omitted through oversight and
nadvertence, las ab.ue indicatcd,) and if this be
satisfactory in point of fact, consider him as on
the list, and If he be not challenged, receive his
vote. r
V.-Mods Of Proceeding on Challenge.
If a party be challenged, being in the category
Of either ofihe articles off the preceding section
l. Demand the ground Of challenge; and if il
appear lawful ground las per art. 2, OF lid
put the party challenged on his oath. if il be re-
qured by the challenger, and examine him as 10
the allegation. II this examination result in sns-
tanning the challenge, reject him without further
inquiry.
2. If the examination Of the voter result favor
ably TO his right, require the challenger imnedi-
ately 10 produce his counter proof; and decide
accordingly, bearing in mind that the ground Of
challenge must be proved in order to reject the
vote.
VI.-Proofs yith regard to the different grounds
Of challenge.
l. Not free white male citizen of the United
States. Whether he be free schue male may
be decided (prtma tacte at least) on view.
O. II he be maniiestly of foreign birth, or this
fact be proven, (by his own admission or other
Wise,) il must be shown that he is naturalized.
Nnn, ,alization
1. The primary evidence, whce ought to be re-
quired in all cases where its absence is not salts
factory accounted for is the naturalization papers.
@ Secondary eridenee may be received when
the voter makes oath that he has been duly natu-
ralized in some court having jurisdiction out Of
this District; that the naturalization papers have
been accidently destroyed, or lost or misaid, and
cannot be founa after diligent search.
g. The secondary evidenc. thus admissible may
be proof by witness (who may be one Of the
commissioners sworn like juror 10 testify 10 his
fellows or any other credible witness) that he has
seen the naturalization papers, or that the party
has hitherto openly exercised the ghts of ciiizen
ship without deuial or question; or that. being
challenged at former election, he established his
right and was received This, or any other proof,
which is the best that ought reasonably to be re-
quired under the circumstances. and which salts
lies the commissioners of the fact. is sufficient
unless countervailed by other proof produced by
the challenger.
To cases of persons born abroad, but coming to
the United States with their parents, and being
minors when the father was naturalzed the same
principles apply as TO the naturalization of the
father
Second Ground Of Chalsngs-N