Boise news. (Bannock City, I.T. [Idaho City, Idaho]) 1863-1864, 1863-10-20
fconlmnnicated.l
Actual Residents.

The question, who were- actual residents Of
Idaho Territory at the time of the passage of
the Organic Act Of Congress, in March last,
with in the. true intent and meaning Of that
act, and consequently entitled under its pru-
visions to vote, and be eligibleto Office at the
ensuing election /? is eliciting considerable dis
cussion and enquiry, Many who appear to
think that only these actually and corporealyl
in the Territory, at that time. are intended to
be made voters, bot most so thinking agree In /
the ezpediency of permitting all citizens oil
the United States, now resident in the Terrific
Try to vote. This would be Objectionable for
two reasons, namely, first It would be a con-
fessed violation OF law, and second it would
extend the privilege Of the elective franchise
to many who are not, never have been, do
not claim, ard never expect to be citizers of
Idaho Territory. At the coming election all
actual residents of the Territory on the 3D.
of March last, and only the actual residents
of the Territory at that time, have, under the
organic act, legal right TO vote or hold Office.
Violation qf plain provisions of law, under
any pretexs is, at best, setting a dangerous
precedent, has no warrant Of authority, no
color Of legality, and is always TO be prevented
If possible. The actual resident of any State
3
fact, have his place of domicil be made to de-
/ pend upon his personal absence or presence
/ from his home at any given period Many
hundreds of7nlen actual residents of IDAHO
some of them for from one to two years, were
Temporarily absent from the Territory when
/ it was organized, someIon business, some for
health, some from choice, and others from ne
Ecessity, which, tits said, knows no law. The
same may be said with equal truth Of sundry
protested disciples of Blackstone ii this coun-
/ ty, at the present time, who are giving learned
If?l opinions upon subjects Of which they are
Ishamefu1ly ignorant. The donicil of any citi.
lien is to be determined by the intention fol-
a lowed up by cores pending acts. Thus, in a
4 leading case uponlthis subject in an eastern
i State, it was held by learned Judge, that a
citizcn Of that State, or any other, became
i such in name, from the date of commencing
TO close up business in an adjoining State Oh
Territory, with the design to remove thither
followed up by consecutive acts, terminating
Of r the lapse. of several months,il his remo-
yalaand taking up his abode there. Much
In then, must a man renlaia an actual res
ident, Of a9State or Territory, or a precinct
: County or City, though temporarily absen
tbeFefrom. No law of Congress. can. disfran
chise citizen Of tho United States, o. .oftan.
& Estate or Territory, or determine bis aetua
i Fplace of residences except by some actFof hi
: own he forfeits rights relationship. Tempo
:. rary absence can never work such forfeiture
( | The true intent and meaning, therefore, O
that provision OF the organic act, specifying
and defining tbeYq notifications of voters ant
.EeligibiitYsto Office at the first territorial elee
S. Ii ion in idaho gelrifary bV all rerO0nizp{
Ie 80. ,sf .tat,,+ ,: -. = q lzsooII ! i
t Findicatad caSee To ba foHn3 ~ 5ec;s;ons
Il American courts, is, that all persons whereye
IS they Themselves NAV At he fine have bee
leA :, 5; III, p,,.;t
~ NV N'ssAt +'ss71sN 49,
HAT the date Of thu passage of the act are er
titled to vote at the FIRST elecli6n held. an