Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-04
QUALIFICATIONS OF VOTERS.


Below will be found the opinions Of Attorney.
General Edwards in relation to the necessary
| qualifications of voters ut 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, 10 the fol.
! lowing inquiries Your answers, II ID proposed,
will serve ns instructions TO the officers Of the
various polls throughout the county, and II is
hoped throughout the Territory:
!. What is meant by the "actual and not con.
structive residence" expressed In the State Con-
stitution as necessary qualification Of an eectorl
Q Is an electOr not otherwise disqualified, but
who has not been an ACTUAL" resident Of the
Territory for six months next preceding :he day
of election. entitled TO vote for President aud
Vice. President, or for State Oficersl
g. Is an electOr, otherwise qualified, entitled 10
vote for President and V ce.President, or Slate
officers, In a county of which he has not been
resident for thirty days next preceding the day OF
electionf
4. Is such m elector entitled 10 vote, "a above
mentioned, In q regularly constituted precinct OF
which he has not been resident for thirty days
next preceding the day Of electionl
BY the foregoing questions trust you Will 6s
enabled to understand the precise character Of the
information sought.
Very respectfully, RM. DAooE1T.,
President Storey County Union Central CLUB.
Hon T. d. Edwards Attorney y-General.
CARSON CITY, Oct 25 1864.
DEAR SIR In reply TO yours OF the "a lnht.'
without attempting TO answer specifically the
questions you propose, permit me 10 Iurnisn IoI
your consideration the following rehectonS IN re-
gard 10 the qualifications of votcrS. and the duty
of Judges of Elections, which you are az liberty
TO use in such manner as in your judgment you
NAV deem best
The subject of residence and citizenship. AZ con.
nected with the elective franchise, cligioillty 70
Office, and kindred matter OF legahty OF luIieS' u
one of vast importance, and regret tnat nave
not time 10 more maturely consider the matter
The Constitution, Section ], Article 2, provides
that "every white male citizen OF tine Inlteu
states, Of the age Of twenty-one years ann up
wards. who shall have actual and not copstruc'
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-
vcted Of treason felony, persons over eighteen
years of age who have voluntarily borne arnG
| against the Government or held civil or military
| office urder the so-called Confederate states, or
| either Of them, unless an amnesty be granted 10
| such BY the Federal Governmen:); and no idiot or
insane person shall be entitled to the privilege OF
| an eectOr."
The 10th Section of the Act regulating elections,
| provides for the challenge Of persons suspected
| not to bc qualified 10 vote, and In fact makes il
the duty OF the Judges suspeci!ng the iegahtyo oi
the right TO vote on the part OF any person ontr'
Ing his oaiiot' 10 cnasnse the tS. oi saen ~
The Judge is TO declare TO the person 70 cha,.
| lenged the qualifications Of an elector; II such
person sha tnsn state nilnSe uSI! q""u. =, ~
| the challenge shall not be wlthdrawn one OF 'pe
| Judges shall then tender TO him the oath.
| The anomaly Of this statute u, that II makes
| tho voter the Judge of his own qualifications re-
uuiring the Judge to become his tutor. on the law
| of the qualification Of an elector.
Itis, ther efore, exceedingly important that the
instructors should be well Informed in regard 10
their duties, lest they should 10 instruct their pu
| pills that they would unintentlonally take false
oath.
Therefore to entitle the party challenged to
| the right to vote or to Justify him in taking the
| oath he should be satisfied,
First-That he is white. The matter Of color
as applied persons In a legal EenSe, has In wei
adjudlcnted cases been determined to be a ques'
| ton Of blood.
Second-A citizen Of the United States Nthe
challenge Is based on the question OF citizenship
| and the applicant to voteis not native horn the
| Judge should caution the applicant upon the law
| IN regard 10 naturalization.
| Nany foreigners do not distinguish between
| the declaration of intention to become q citizen
| and The final certificate Of citizenship. The law
| should, in my opinion, authorize the Judges TO
nno.,on ,bc 9nnlicant In regard 10 hi1 nStursila.
,ion and rrouire production of the fipal crrtia-
| cate nd an oa n that the party presenting such
naper is the Identical person named therein.
Tbird-That the party IL over iwenty-one
wears Of age.
Fourth y Actual residence In the State Six
m,nths. and In the district or county thirty days
next preceding the election.
| THE term actual ar used, 10 IN contradisttnc'
,,on 70 a resSdence acouIred con.tructiyely. A
Constructive residence Is such as is required by
ner,on leaving his former residence with the In
tentou of removing TO this State, md BY law DC.
ton dating his residence in this State back TO the
time Of his leaving his former residence. Actual
residence is such Us is acquired by personal
| presence IN the Territory or State. That place
| il considered and held TO be the residence OF
person in which his habiiation Is fixed without
| any present intention Of removing thcrefrom.
A person Is not considered or held TO have lost
his residence who leaves his home md goes iato
another State or county for tempoI ary purposes
merely. The converse Of the proposition Is also
| true that person coming into this State for ten
porary purposes merely. cannot be considered 10
have acquired or gained residenee:
A general rule l., that Il person II not conhd.
cred or held to have gained residence 10 any
county, or in any State, where he shall M come I ior
| temporary purposes, merely, without tue .nten'
.o, ~ IN al In such county or the State his nome,