Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-07
QUALIFICATIONS OF VOTERS.
ODiuiou. Of the Attorney.GeneraI.


General Edwards in relation TO the necessary
qualifications Of voters at the coming election.
Tbpy should ne regarded as instructions by tn,
officers election throughout the Territory:
VIRGINIA, Oct. p, 1864.
DEAR SIR: There being some conflict OF opin-
ion touching the necessary qualifications OF voters
at tn. coming Presidential election, Will you nave
the kindness TO respond, at your earliest convent
ence, for tho purposes of publication, TO the toi
lowing inQuiries7 Your answers, il IL proposed,
will serve as instructions to the officers Of th,
various polls throughout the county, and 1t II
hoped throughout the Territory:
l. What is meant by the actual and not con
structive residence" expressed In the State Con
sttution as necessary qualification OF m electort
q IN 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 offcerfl
g. Is an elector, otherwise qualified, entitled IL
vote for President and V ce-President, or Stait
officers, in county of which he has not been a
resident for thirty days next preceding the day OF
election
4 i, such an elector entitled to vote, as above
mentioned, In regularly constituted precinct Of
which he has not beeh resident for thirty day.
next preceding the day Of oftlectionl
BY the foregoing questions trust you will be
enabled to understand thc precise character of tht
information sought.
Very respectfully, RM DA6GETT.
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 tht
questions you propose, permit me to furnish for
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
may deem best:
The subject of residence and citizenship. az con-
nected with the elective franchise, eligibility to
Office and kindred matter of legality OF iuries j.
one Of vast Importance, and regret that have
not time 10 more maturely consider the matter.
The Constitution, Section l, 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 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 or felony persons over eighteen
years of age who have voluntarily borne arms
against the Government or held civil or military
Office under the so-called Confederate states, OF
either of them. unless an amnesty be granted to
such by the Federal GovernmenDi and no idiot or
insune person shall be entitled to the privilege OF
IN elector."
The 10th Section of the Act regulating elections
provides for the challenge of persons suspected
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 of such voter
The Judge Is 10 declare 10 the person 80 chai'
lenged the qualifications Of an elector: if sucE
person shall then state himself duly qualified, uni
The challenge shall not be withdrawn, one OF the
Judges shall then tender TO him the oath
The anomaly of this stature Is that IL makes
the voter the Judge of his own qualifications: re
uuirng the Judge 10 become his tutcrs on tue law
OF the qualification Of an eleetor.
Itfr, theI efore, exceedingly Important thar the
instructors should be we'll informed iu regard to
their duties lest they should 30 instruct their pu
nils 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
oa,h S. shouId be satisfied.
Eirst-Tbat he /, white The matter of color
.n,I.d N ncrsons IN a legal sense, has In we'll
od;,,Sica,ed cases bpen determined 10 be Ques.
.tc, of Hood
SsconI~A citizen Of the United States II the
ohoIIsngs "a baspd on The ouestion of citizenship
e,S ~ snnIIcsnt IN yoIe h NOT native horn the
:,So Lnr,tJ ~ con,inn the anpIIcant uuon the law
T., rs[,nrJ 70 Decentralization
MISy f,reIcners do not distinguish between
- SyI .a,tan =, Jrter,ion 70 become n citizen
s IhI s aSi n.r,;ana,. ~ ctti7nn.bIn The law
anu tue INH- on;stoo ortbor;ye m. Indvss 10
..tS. ,ho oonnIicont in rapard m hi, naTuralixu
quesuon the eaiIs Iio ~ ~ ,ha al rr,js
uon' anu I rrqunSS = ,bnt rho Marty nrcsentin9 such
cafe no an ,t.oi EHn t,It Wv nc,,ad therein
paper " 'rr TL .L or,S. :. orsr ,wentv
Unity tnn.- .,ia H' 'Ae P'A''
years Oh ase' ,tI, +. ,h. s,e,o IL,
| FouE'h = hetu"4 isS.uSo s. @ ~ ~ liz. a..
months, and IN tne oi"trict or county 'iif'y uHs
next preceding the elecuon. .--,,..,-
lne ,e'na nI.';San"n ao,n;rn5 con.,rnc,ivsIv A
ton to residence ocqulreI coIs'Iuse4Si l., ~
constructive residence 10 euch ~ 10 IeqIn 81 W
person leaving hs S,n." ~ ~. ia,', 4"
tenti0n OF removing " 'I' ,h;s Co. h:ot 70 tb,
ton dating MS res'aence IN mn So o''eN W y"
time OF his leaving MS icrmer Tehiuence- M 'Nsut'
| residence Is sucn a. IL acquired ny PeIs1nn
presence in the territory or sta'e. Inut plIc'
is considered and held 10 oe tne resiqenSe oi
person In whirh MS baolallon ~ nAeu, MNhou
any presen' mtention oi renewing rem .neIfilomi' h
person Is not Sons.uvLsu 81 neu NV nav los
MS Esslueuee "no '. ie ~ ~ ...e'aN, ,,,n.s ~
anotner sIhte or couuS "' teinPy PuiPi
merely Inc confeeot @ nv S; S,n,o a. - ,a," S'
luz, ,,,rnpses nsrev cannot he Considered r.
porary PufPoses me.si' .anIH, iiI, oe ~
| nave acquTeu 1t sMLeu sL o tsl .,J
general RUE ", tnat person u not Sonslu
cred or nrld 70 nave ganea tesiSeIGe m 10 ans -:
county, OF % IN an! S'n arsIs ,.,,,Snn, ,bs in,aU
| tion al making such county or the State his home
Sut INT with The Intention of leaving the same when
H HIN INTO n
The place where married mans family re-