Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-03
QUALIFICATIONS OF VOTERS.
opinions Of the Attorney-GeneraI..


Below will be fouud the opinions Of Attorney.
General Edwards In relation to the necessary
qualifications of voters at the coming election.
They should be regarded as instructions BY the
officers election throughout the Territory
VIRGINIA. Oct. % 1854.
DEAR SIR: There being Some conflict ofopin-
ion touching the necessary qualifications Of voters
at the coming Presidential election, will you have
the kindness TO respond at your earliest convent
ence, for the purposes of publication. 10 the fol.
lowing inauiriesl Your answers, II 10 proposed,
will serve ms Instructions to the ofir>rs Of the
various polls throughout the county and 10
hoped throughout the Territory:
j. What is meant by the actual and not con
structive residence expressed In the State Con.
stitution az necessary qualification OF an eleetorl
Q Is an elector, not otherwise disqualified. but
who has not been an "sctual" resident Of tho
Territory for six months next preceding the day
of election, entitled 10 vote for President and
Vice President, or for State otieeryi
g. Il an elector, otherwise qualified, entitled to
vote for President and v ce-P President. or State
officers, in o county Of which he has not been
resident for thirty days next preceding the DAY OF
election! ..... .... 49,
4 Ia such an eIector entitled to vote, a. above
mentioned In O regularly constituted precinct OF
which he has not been a resident for thirty days
next preceding the day Of electionf
By the foregoing questions trust you Will Ds
enabled to understand the precise character Of tho
information sought ..
Very respectfully, R. N DA6oErT.
President Storey County Union Central Club
Hon. T. D. Edwards, Attorney General
CARSON CITY. Oct 25 1854
DEAR SIR: In reply 10 yourI Of the "a tntt',
without attempting to answer specifically tne
questions you propose. permit me TO furnish LOT
vour consideration the following reflections In 70
gard 10 the qualifications Of voters, and the outy
Of Judges Of Elections, which you are az liberty
to use in such manner a. In your Judgment you
may deem best:
The subject of residence and citiEenEhip. q con.
nected with the elective franchise. eligibility 10
Office and kindred matter OF legality OF iurteS' 10
one Of vast importance, and regret that have
not time TO more mRturely consider the matter.
The Constitution, Section !, Article g provides
that "every white male citizen Of the United
| states, of the age Of twenty-ODe yenrs and up
wards, who shall have actual and not construc.
| lively resided In the State six month"; and In the
district or county thirty days next preceding any
election, shall Ge q voter Except persons con
victed Of treason felony, persons over eighteen
wears of age who have voluntarily borne arms
| against the Government, or held civil or military
| Office urder the socalled Confederate Staiet or
! either Of them, unless an amnesty be grunted IN
such by the Federal Goverumeut); and no idiot or
insane person shall be entitled to the privilege OF
| an elector."
The 18th Section of the Act regulating elections,
provides for the challenge of persons suspected
| NOT 10 be- qualified 10 vote. and In fact makes II
| the duty OF the Judges suspecting the legality Of
the right to-vote on the part Of any person oher
Ing his ballot. to challenge the right oi such Notr.
| The Judge Is 10 declare TO the person 90 cha.
lpnged the qualifications of On circior: il such
person shall then state bmself duly qualified snd
the challenge shall not be Withdrawn, one Of ths
Judges shall then tender to him the oath.
The anomaly Of this stature H. that II makes
the voter the judge OF his own qualifications. 70
Quiring the Judge TO become his tutor, on the law
of the qualification Of an clector.
1t H. therefore, exceedingly Important that the
Instructors should De wen informed In regard 70
tneir dutier lest tney should 80 instruct their Pu'
pills that they would un!utenttonally take false
oaIn.
Ineretore, 20 en.i.le .he party enaienged 20
the Fient 10 No'e' OF 70 JI''hJ lin III '"AnS 'no
oaIn ne snoulu % 1e satlshs"' n,'
s'rIj ~ rhr,o, ~ =. g.; y iooai sonsa h,s n ,.I
~ hao, d.,ssminsS ~ he \ onsa
| ahJuoic;,en cases oeen ue'eiue~ :" "e su'"
ton OF oloon. ,,s. ,.L
oecoDn-h es''Ieh y. 'he Sui. .fS - .S,I..str
challenge Is based on the quertion OF e'izsnsnP'
and the applicant 10 Vo'eh not ntlNe hyt " @ tle
judge should caution the applicant upon tns IL"
| in regard to naturalization. .......
! Many foreigners do not distinguish between
| the declaration Of intention 10 become clfizen
| and the final certificate Of citizenship The LAW
! should, In my opinion, autho.lLe TUE Juusss "
tion and reouire a production OF the hnal certIA-
catc nd an oa. n that the party presenting such
| paper Is the Identical person named therein.
Thrd-That the party Ii over t"enty-ons
year. Of age.
Fourth Actual residence In the state stk
months, and In the district or county thirty days
next preceding the election.
The term actual. a. used, Is Ia eptrSdiSttne'
tion TO Il residence acquired constfuctIvely. A
constructive residence IL such ~ Il required by .
person leaving his former residence with the In.
tention of removing 10 this State, and by law dc.
,ion dating his residence In this State back TO the
time of his leaving his former residence Actual
reSIdence IL such az IL ACQUIRED By Q personal
presence in the Territory or State. That place
| il considered and held to be the residence Of .
person In which his habistiou ~ nKed without
any present intention Of removing therrirom
A person IL not considered or held 10 have iot
| his residence who leaves his home and goes lnto
another State or county for temPoi ary Purposes
| merely. The converse Of The Pr1PSa.onl = nse
| true, that person coming Into tpis etas ~ Etn
| porary purposes merely. cannon oe eon'oe'so 10
| have acquired or gained rrsioenee -, .o,s,1.
| A general rule H. that PeI'on P.tI.ncs ~ .n,
cred or held TO have ea'nedh H. .h.iI ,o,,,. q,
county, or In any s'S,e, ,rsIv without The In,en.
! ,.mnorary purposes, mercy nHuSeh 80 1850