Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-02
QUALIFICATIONS OF VOTERS.
Opinion. Cd che AttorneY-GennrnI.

They should be regarded as instructions by the
officers of election throughout the Territory:
VIRGINIA, Oct y, 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 TO respond, at your earliest convent.
ence, for the purposes of publication. to the fol.
lowing inquiries Your answers, it is proposed,
will serve as Instructions to the officers of the
various polls throughout the county, and II is
hoped throughout the Territory
l. What is meant by the actual and not con-
structive residence" expressed in the State Con.
stitution as necessary qualification of an ecctori
Q Is an elector. not otherwise disqualified, but
who has not been an actual" resident Of the
Territory for six months next preceding the day
of election entitled to vote for President and
Vice President, or for State officers:
3 Is an elector, otherwise qualified, entitled to
vote for President and Wee President, or State
officers. in a county of which he has not been a
resident for thirty days next preceding the day OF
election
1. l. such an electOr entitled TO vote. as above
mentioned. in u regularly constituted precinct OF
which he has not been a resident for thirty days
next preceding the day of electon'
By the foregoing questions trust you will be
enabled to understand the precise character OF the
information sought.
Very respectfully, R.M DAGGETT,
President Storey County Union Central Club.
Hon. 7. d. Edwards, Attorney 'General.
CARSON CITY. Oct %, 1864.
DEAR SIR In reply TO yours of the I'D inst
without attempting to answer specifically the
questions you propose. permit me to furnish LOT
vOur consideration the following reflections in re-
gard TO 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
may deem best:
The subject of residence and citizenship, a con.
necied with the elective franchise, eligibility 10
office and kindred matter of legality OF iuries, IS
one Of vast importance, and regret that have
not time to more maturely consider the matter
The Constitution, Section l, Article ., provides
that every white male citizen OF the Ini'eo
states of the age of twenty-one years ana up
wards who shall 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 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 mlltdry
office under the so-caled Confederate states, or
either of them. unless an amnesty be granted 10
such by the Federal GOVERNMENT; and no idiot or
insane person shall be entitled to the privilege Of
an eiectur.
The 10Th Section of the Ae: regulating elections,
provides for the challenge of persons suspected
the duty OF the Judges suSpecting the Legality OF
the right 10 vote on the part of any person offer
ing his ballot TO challenge the right Of such voter
The Judge IL 10 declare 10 the person so chal.
lenged the qualifications OF an elector II such
person shall then state himse!fduly 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 bis own qualifications. re.
curing the Judge to become his tutcr, on the law
of the qualification of an elector.
It's. therefore, exceedingly important that the
instructors should be well informed in regard TO
their duties. lest they should so instruct their pu
pills thar they would Internationally take false
oath
Therefore, to entitle the party challenged TO
the right 70 vote or TO justify him in taking the
oath be should be satisfied.
FIrst-That he Is white. The matter OF color
as applied 10 persons in legal sense, has in well
adju1cHted cases been determined 10 De ques'
ton Of blood
Second-A citizen Of the United States. If the
challenge is based the question Of citizenship,
and the applicant TO voteis not = native horn. the
judge should caution the applicant upon the la"
in regard 10 naturalization.
Many foreigners do not distinguish between
the declaration of Intention to become citizen
aud the final certificate Of citizenship. The law
should, in my opinion, authorize the judges 10
question the applicant in regard 10 his nauraliza
cate, a nd an oalh that the party presenting such
paper il the identical person named therein.
Third-That the party is over twenty-one
years of age.
Fourth Actual residence in the State six
months and in the district or county thirty days
next preceding the election.
The term actual as used, is In contradiStinc-
ton 10 4 residence acquired constructveiy:
constructive residence is such as Is required oy
person leaving his former residence with the IN
tertion OF removing 10 this State, and by law ne
ton dating his residence in this State back TO the
time of his leaving his former residence. Actua!
residence is such as Is acquired by personal
presence in the Territory or State. That place
il considered and held 10 be the residence Of
person in which bis habitation Is fixed, without
any present intention OF removing theretrom.
4 person is not considered or held TO have lost
his residence who leaves his home and goes INFO
another State or county for tempoi airy purposes
merely. The converse Of the propagation is also
true. that person coming into this State for tenn
porary purposes merely. cannot be considered 10
have acquired or gained residence.
A general rule Is, that a person is not conNa-
cred or held to have gained residence In any
comfy, or in any State, where he shall come TOT
temporary purposes merely, without the inten-
sion of making such county or the State his home
but with the intention ofleavng the same wnen
he shall have finished the business that brought
him into it.
The place where marrleu htu nanny ~
sides is generally considered and held to he MS
residence The exception is when II Is place OF
transient establishment of his family or for some
temporary object; consequently, IL a married
man has his family fixed in one place and does
business in another, the former is the place at
which he should vote. The mere intention OF
removal. without the fact of removal, amounts to
nothing.
A person leaving State, and exercising the
right to vote in another State, is usually by the
State laws considered to have lost his residence
in the State he left.
Should any number Of illegal votes be cast the
coming election /, will in all probability grow
out of unfouuded and erroneous opinions in re-
gard TO residence. The foregoing suggestions
have. therefore, been deemed proper in connec'
ton with the questions you propose. Enough
has been said 10 give you the views that have
impressed themselves upon my mind. person
who is competent in every other way to vote
in the county or district where he resides; and
if he is competent to vote for officer, he IL for
all officers.
The term district, as used in connection with
the right of suffrage, must Of course refer 70
election district If this view Of the question Is
correct, person 10 have the legal right TO vote
must have resided thirty 800 days in the election
district.
am respectfully yours,
T. D. EDWARDS.
Hon. R VI. DAGGETT, President storey Coun'
ty Union Central Club.