Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-08
QUALIFICATIONS OF VOTERS.
Opinions of the Attorney-GeneraI.

qualifications Of voters at the coming election.
They should be regarded as instructions by the
officers election throughout the Territory
VIRGINIA, Oct %, 1864.
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 10 respond, at your earliest convent
ence, for the purposes of publication, TO the FOL
lowing inquries1 Your answers, II il proposed,
will serve as instructions to the officers OF the
various polls throughout the couuryr and II Is
hoped throughout the Territory
|. What is meant by the " actual and not con-
structire residence" expressed in the State Con-
stitutiOn as n necessary qualification OF IN electort
2. Ii an elcctor, 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 officery9
g. Is an elector, otherwise qualified entitled TO
vote for President and V ce. President. or State
officers in a county Of which he has not been
resident for thirty days next preceding the day Of
election
l. Is such an elector entitled to vote, as above
mentioned, in regularly constituted precinct of
which he has not been q resident for thirty days
next preceding the day Of electionl
By the foregoing questions | trust you will be
enabled 10 understand the precise character of the
information sought.
Very respectfully. R. A DAGGETT.
President Storey County Union Central Club.
Hon. T. D. Edwards, Attorney General
CARSON CITY, Oct 25. 1864.
DEAR SIR In reply TO yours Of the 22d inst.
without attempting TO answer specifically the
questions you propose, permit me to furnish Tor
your consideration the following reflections In re-
gard 10 the qualifications OF voters and the duty
Of Judges of Elections, which you are M liberty
TO Use In such manner as in yonr Judgment you
may deem best:
The subject of residence and citizenship, as con-
uected with the elective franchise, eligibility to
Office and kindred matter of legality Of iuries, IL
one Of vast importance, and regret that have
not time to more maturely consider the matter.
The Constitution, Section !, Article 2, provides
that "every white male citizen Of the United
tates, of the age of twenty-one years and up
wards, who shall have actual and not eonstruc'
lively resided in the State six months and In the
district or county thirty days next preceding any
election, shall be a voter Excerpt persons con-
victcd of treason felony, persons over eighteen
years of age who have voluntarily borne arms
against the Government, or held civil or military
Office under the So-caled Confederate staies, or
either Of them, unless an amnesty be granted to
such By the Federal Governmeu); and no Idiot or
insane person shall be entitled to the privilege OF
an plector"
The 10th Section of the Act regulating elections,
provides for the challenge Of persons suspected
NOT 10 be unalited 10 vote, and in fact makes it
the right 10 vote the part of my person offer
ing bis ballot to challenge the right of such voter.
The Judge Is to declare 10 the person NO chal'
lenged the qualifications of an elector; II such
person shull then state himself duly qualified 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 1t makes
the voter the Judge Of his own qualifications. re-
ouiriug the Judge to become his tutor, on the law
Of the qualification Of an elector.
/, is theI efore, exceedingly important that the
instructors should be well informed u regard TO
their duties, lest they should instruct their pm.
pills that they would unintentionally take false
oath.
Therefore, to entitle the party challenged TO
the right 10 vote. or TO Justify him In taking the
oath be should be satisfied,
Firs,-That he Is white. The matter Of color
as applied to persons in legal sense, has In well
adudicured cases been determined TO be ques-
tion Of blood
Second-A citizen of the United States Ifthe
challenge Is based on the question OF ciflzenshp,
and the applicant 10 vote Is not native horn, the
Judge should caution the applicant upon the law
In regard TO naturalization.
MANY foreigners do not distinguish between
the declaration OF intention to become citizen
and the final certificate Of citizenship. The law
should In my opinion, authorize the Judges to
question the applicant in regard TO his nafuraiza
ton, and require production Of the final certih
cate. Ind an oa.h that the party presenting such
paper is the Identical person named therein.
Third-That the party is over twenty-nne
years Of age.
months, and in the district or county thirty days
next preceding the election.
| The term actual, nS used, is iu contradistinc'
ton TO q residence acquired constructively. a
constructive residence is such as Is required by
| person leaving his former residence with the In
iention of removing 10 this State, and by law ic
tion dating his residence in this State back TO the
time Of his leaving his former residence. Actual
residence is such as Is acquired by personal
presence in the Territory or State. That place
| il considered and held TO be the residence Of q
| pcrson In which his habitaton Is fixed, without
my present intention Of removing therefrom.
A person Is NOT considered or h-ldto 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 is also
true that person coming into this State for tenn
porarv purposes merely. cannot be considered to
have acquired or gained Residence.
A general rule II, that person Is not consid'
cred or held 10 have gained residence in any
county, or in any State, where he shall come for
Temporary purposes, merely, without the inten.
ton of making such county or the State bis home,
but with the intention of leaving the same when
he shall have finished the business that brought
him into Il.
sides Is generally considered and held to be his
residence. The exception IL when II IL place ot
transient establishment of his family or for soIne
temporary object consequently. IL married
man has his family fixed in one place and does
business In another, the former is the place al
which he shodld vote. The mere intention OF
removal, without the fact Of removal amounts to
nothing.
A person leaving a State, and exercising the
right TO vote IN another State, Is usually by th"
State laws considered to have lost his residence
in the State he left. ,..-
Should any number of Illegal votes be cast the
coming election, IL will in all probability grow
our OF unfouuded and erroneous opinions In re-
gard 10 residence The foregoing suggestions
have, therefore, been deemed proper In connec.
tiun with the questions you propose. Enough
has been said to give you the views that have
impressed themselves upon my mind. person
who is competent In every other way 10 vote,
in the county or distrIct where he resides; and
II he IL competent to vote for one officer, he is for
all officers.
The term district, as used in connection with
the right of suffrage, must Of course refer TO
election district II this view Of the question "
correct, person to have the legal right 10 vote
must have resided thirty (aD days 10 the election
district. r..-....... ......
r. D. EDWARDS.
Hon. R NJ DAaeETT, President storey Coun'
" Union Central Club. "-..