Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-05
QUALIF1cATIoNs OF voTEss.
Opinions Of the Attsrney.Q QesesaI.

QUALIFICATIONS OF VOTERS.
Opinions or the AttOrney.9eDefas'
Below will be found the opinionSof Attorney
General Edwards in relation TO the nreessary
qualifications of voters ut the coming election.
they should be regarded as Instructions by tns
officers election throughout the Territory:
4-a g.. wf-. vIRGlSIA, Oct. q, 1854:
DEAR SIR: There being some conflict Of opin'
ion touching the necessary qualifications OF voters
at the coming Presidential election, will you have
the kindness TO respond ut your earliest convent
ence, for the purposes Of publication, TO the FOL
lowing inqpiriesl Your answers, II Ii isproposed,
will serve an Instructions to the officers Of the
various polls throughout the county, and II u
hoped throughout the Territory:
/. What IL meant by the actual and not con.
structive residence" expressed In the Stnte Con.
stitution u necessary qualification Of an ecctorl
Q IL au eector, not otherwise disqualified, but
who has not been an "actual" resident OF the
Territory for six months next preceding the day
of election, entitled 10 vote for President and
Vice President. or for State oficerEi
g. IL an elector, otherwise qualified, entitled TO
vote tor President and v vee-President, or State
officers, in a county Of which he has not been
resident for thirty days next preceding the day Of
election D, "a '.-lt.s
1. Il such m electnr entitled TO vote. a. above
which he has not been resident for thirty days
next preceding the day Of elections q. e -
BY the foregoing questions trust You will be
enabled TO undertand the precise character Of the
information sought.
Very respectfully. r. NJ DAeGETT.
President Storey County Union Central Club
Hon. I. d. Edwards, Attorney General.
..E.a.r. CARSON CITY, Oct 25 1854.
DEAR SIR In reply 10 yours Of the 22d inst'
without attempting 10 answer specifically the
questions You propose, permit me TO furniah Tor
your consideration the following reflections In re-
gard 10 the qualifications Of voters, and the duty
of Judges of Elections, which you are AT liberty
to use in such manner as In your judgment you
The subject Of residence and citizenship. as con.
nected with the elective franchise, eligibility 10
office, and kindred matter of legality Of iures, IL
one Of vast importance. and regret that have
not time TO more mRturely consider the matter.
The Constitution, Section !, Article 2, provides
that "eyery white male citizen Of the United
states, of the age of twenty-one years and up.
wards, who shull have actual and not construc.
lively resided in the state six months. and In the
district or county thirty days next preceding any
election, shall be q voter Except persons con-
vic,ed Of treason or felony persons over eighteen
years of age who have voluntarily borne arms
aCainst the Government, or held civil or military
Office under the so-called Confedrrats staies, or
either of them, unless an amnesty be granted TO
such BY the Federal GovernmenD; and no idiot or
insane person shall be entitled to the privilege Of
an elector."
The 10Th Section of the Act regulating elections,
provides for the challenge Of persons suspected
not 10 be Qnalited TO 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 offer.
ing his ballot to challenge the right ofSueh voter.
The Judge il TO declare TO the person 10 chal.
lenged the qualifications of an rlector; II such
person shall then State selfduly qualiAed, and
the challenge shall not be Withdrawn, one Of the
Judges shall then tender to him the oath.
The anomaly Of This statute Il, that II makes
the voter the Judge Of his own qualifications; re.
ouiring the Judge 70 become his tutor, on the law
of the qualification Of an elector. .g.l4 ~
1t il, thei efore, exceedingly Important that tho
instructors should be well informed In regard TO
their duties, lest they should 10 instruct their pu
pills that they would unintrntionGlly take false
oath - .-tAl
Therefore, to entitle the party challenged TO
the right to vote or to justify him In taking the
oath hr should be satisfied, t .L.CL
Finst-That he il white. The matter Of color
as applied TO persons In q legal sense, has in well
adiudIenfpd RACES been determined 10 be ques'
ton of blood
challenge is based on the question Of citizenship,
and the applicant 10 voteis not native horu. the
Judge should caution the applicant upon the law
in regard to naturalization. .,.s....
Many foreigners do not distinguish between
the declaration Of intention TO become O citizen
and the fiual certificate Of citizenship. The law
should, In my opinion, authorize the Judges 10
question the applicant In regard to hls nGturaza.
ton, and require production Of the fpal crrtiH.
cafe, and IN GA h that the party presenting such
paper is the identical person named therein.
Third-That the party is over twenty-nne
years Of age. -... .-glw-
Fourth Actual residence in the State dx
l.. H. l.EIaaa
next preceding the election ... -.t-.
The term actual, as used. is In contrsdistinc.
ton 10 residence acquired coDstructively. A
constructive residence il such as Is required by
person leaving his former residence with the In
tention of removing to this State, and by law ic-
ton dating his residence in this Stat" back 10 the
time of his leaving his former residence Actual
residence is such as is acquired by q personal
presence In the Territory or State. That place
il considered and held 10 be the residence Of q
person in which his habitation Is fixed, without
any present intention Of removing therefroln.
person II not considered or held to have lost
his residence who leaves his home and goes Into
another State or county for tempoi ary purposes
merely The converse Of the proposition II also
true, that person coming into this State for TEN.
porary purposes merely. cannot be considered TO
have acquired or gained a residence.
4 general rule Is, that person Is not conSid'
cred or held to have gained o residence In any
county, or In any State, where he shall come for
temporary purposes. merely, without the inten'
tion Of making such county or the State his home
but with the intention ofleaving the same when
he shall have finished the business that brought
| him into 1t. .. 49,
The place where a married mans family re-
| sides IL generally considered and held 10 he his
residence. The exception il when 1t Is place OF
transient establishment Of his family or for some
temporary object consequently, II married
man has his fumy fixed in one place md does
! burinexs IN another, the former il fhe place at
which he shOlld vote. The mere intention OF
removal, without the fact Of removal, amounts 10
! nothing. .-....r ... ,.-.--,-,
person leaving a State. and exercising the
right 10 vote IN another State, IN utnaDy py tne
State laws considered to have lost his residence
| In the State he left.
sbould any number Of illegal votes be cast the
coming election. II will in oil prooaoiIlIy grow
out of unfoundrd and erroneous Opinions In re-
gard ~ residence. The foregoing suggestions
have. therefore, been deemed proper In eonnec'
lion with the questions you propose Enough
hns been said 10 give you the views tnat nave
Immersed thems-lyes uponmy mind A person
Who |, competent in every other way 10 vote,
In the county or district where he reFideS and
II h. il competent 10 vote for one omeer' No u tor
all officers. .,,o, -,,,h
the right of suffrage. must Of course refer 70
election district If this view OF the question
correct. A person TO have the legal right TO vots
must have resided tblry C3D days In tne eIecton
district. .. ... -I..
am respectfully yours, - rnp.pns
Hon R N. DAeGErT, President storey CSun'
~ Union Central Climb.