, 1859-07-15

pefuuttcu " Noto tVt aAy OnSc uuieSS u IeS
idence had been acquired in the county
which the law 6xes at twenty days, and
under that ruling, some 10 or Is persons
were prohibited from voting, in this pre-
einet, for Delegate TO Congress, men who
had been citizens Of the Territory for the
last six years, aud who, in our Judgment
in the opinion Of Hon. o. B. McFADDEN,
Chief Justice, B. P. ANDERSON, Prosecu.
ting Attorney for the Territory, WV. B.
RANKIN, and ELwooD Evans, Attorneys at
Law, and even Col. WALLACE himself
we're as much entitled to vote as the Judges
themselves. Why this decision was thus
rendered, or by what species Of legal lore
and reasoning the board arrived at this
conclusion, ,ss are unable to say. One Of
the Judges, whom we should have supposed
10 be most salighisned on the law, appeared
indeed 10 be the most ignOraHt on the sub
jset
The law relating TO elections, and the
qualification Of voters, as prescribed by
statute, Is as follows
oExrnAL ELncrIoNs-ssEc. Il. il shall be lawful
for any eccior 70 for delegate 10 Congress- any
place q holding an election within this territory; for
memben Of tbe legislative assembly, and all other
onools a. any place for holding elections within the
particular limits for which such members Of the legs
aiiFu assembly and such other officers are 10 be cleo
ted. Pyogidsd That an elector qualified TO vote for
apart and not al Of The officers % be chosen at any
- fltaf fnfsr
detefmine the legality Of such vote.
-6Ec. is. II any person oheriDg 10 vote shall be
challenged, q unqualified. BY any j0dge OF clerk Of the
election or By any other person entitled TO vote at the
sane poll and either judge may challenge any person
ooering b vote whom be shall know suspect not 10
he qualified the judges shall declare to he person SO
challenged The quadcatlons Of eleetor Il such per
soa shah then state himself duly qualified, and the
challenge shall not be withdrawn, one Of the judges
shall then tender 70 him the following oath; "You do
soemuly swear, Tor affirm, as The case may bel that
yon qnalhed according to The law regulating cleo
ions In hla territory, % vote for The person Tor psr
sons, as The case may BED for whom you propose
10 voic;p and II any person challenged shall take
such oath, bis vote shall Be received
These two sections, It seems to rs, (and
i will appear so to every one else, are so
plain and unmistakable, that even fool
should not have erred therein" But it
seems they did Col. Cock, one Of the
board, and member Of the House Of Rep
pesentaiives nt its second session, will re-
member that under the law then existing,
soldiers we're entitled to vote at any cleo
tion In this Territory, they being possessed
Of certain qualifications mentioned 10 the
statute. He viii further remember, that
that law was or soon beeame very odious
in Clarke county. where large number Of
troops were stationed, by whom the cleo
tioa had been carried the previous year
contrary to the wishes Of the atizens, and
that to remedy this defect in the law, a bill
was introduced in the House to repeal that
section or sentence Of the law as makes
soldiers. seaman, or marines qualified vo-
tsrs EEen if the very words of the law
could have left the judges in doubt, the
Col, as one Of those who enacted it, might
have known the intent and spirit of that
law, had be thought ct and proper; aAd as
men who would set up thsir opinions in op-
position 10 those whose special duty it is
made to eOnsIrue it for US. it should have
been known to them that it is the intenfiOn
upon which is based construction.
But here is the law, passed 25th Janua-
~ 1856:
Page Z. @Bs u enacted bg The legi,lutir. a..,mbJ,
e ns Territory q WaskiagtOa, That all white
American ciizens above the age Of twenty-one years
and Az uihcS white male inhabitants Of this tefIitory
above thAi age who shall have declared on oath their
intention % become citizens, and 10 support the con-
.tlnoa ihe united States, at least six months pre-
1o1. % ne Day q election and who shall have resid
60 AZ months 10 he territory and twenty days in the
county, next preceding the day Of election and none
o,hers shall Be entitled to bold Office. or vote at any
sdisr seaman or marine IA ne armv or nayv of the
enied States shall Be allowed to vote at any election
N thls territory and that all existing laws hitherto
PA.ea. and not in conformity with this aet be and
u 11ey are hereby repealed, 90 mach Of them con-
nets with This act"
In conclusion, We would say, that even if
The plain words Of the law or its intent
could have been understood, the board
should have acted upon the precedents of
former years, as carried out and acted upon
in every county and precinct in the Terri
tory, to which their late decision is entirely
adverse. How will Mr.. G. A. BARNES
reconcile bis late Construction with his
acts Of former years! Has he permitted,
through ignorance. illegal votes to be poll
cd three years, hoping to correct it by one
years faithful discharged We will not
bring into question the honesty Of their in
tentionS, or to assert that they were Preju-
diced, however much it may so have appear
ed Why was the son of Judge HAYS per-
mitted to vote, who had been out Of the
Territory three years, and become of age
ont Of iti He had not been in the Terri
tory six months Why was the Judge per-
mitted 10 vote! The like is the case as re-
CARDS residence with him. Why was ] .