, 1864-11-04
The oregonian Decides the Question.

of this years Immigrants, now residents in Or
egon, are entitled to vote on Tuesday next
The editor, in an extended article, endeavors to
show that Judge Waits opinion upon the I'm
migrant-vote question is erroneous, and quotes
from the opinions of several eminent jurists and
cites former decisions where the question has
been settled in other States, to sustain his po-
sition; but unfortunately for him. he proves
conclusively by the testimony he brings to bear
in the matter, that Judge Waits opinion is en-
tirey correct. Among the other testimony pro-
duced by the OregOnian (all of which substanti-
ates the same doctrine) we quote the two fol-
lowing paragraphs from its columns upon the
subject:
Kent says "The original domcil of the
party always continues until he has fairly
changed it for another, even though he has in
tentionaly forsaken it. There must be inten-
ton and act united to effect change of domi-
Gil. A new domicil is not acquired by resi-
dence unless taken up with intention of aban-
doning the former domicil.' (Vol. 2, Kents
Com, page All, N. C)
And finally, Chief Justice Shaw lays down
the doctrine 1.-The general rule, and for prac-
tical purposes, fixed rule, is that man must
one. and therefore to lose one he must acquire
another"
Therefore it follows that persons who left
the States last spring with the intention of set
tling in Oregon, lost their old habitations and
acquired new ones so soon as they proved their
intentions by starting for their new domicils.-
They must have .domicils somechere and if they
have lost their former ones they have acquired
new ones. And this is the position Judge Wait
takes in the premises. He says
"Domicil' includes both residence an inhabi-
tancy-therefore, any free white male citizen of
the United States, over twenty-one years of age
whose "domicil" has been in Oregon for six
months next preceding an election, is entitled to
vote and any such citizen, who six months pri-
or to the next election, left and abandoned his
residence in a sister State, with the bona fdv in
tention of making this State his future home,
and who, thereupon carried out that intention
and is now residing in this State at the next
election
The Oregon State Constitution provides that
"All elections shall be free and equal" That
"every white male citizen of the United States,
of the age of twenty-one years and upwards,
who shall have resided in the State during the
six months Immediately preceding such elec-
ton >" shal be entitled to vote at all elections
authorized by law" So, it is clear that large
portion of the immigrants who have crossed the
plains into Oregon this year, are lawfully and
rightfully entitled to vote at the Presidential
election If there was any further evidence or
authority wanting than that which had been
previously adduced to show the right of immi-
grants to vote, that evidence and authority has
been given by the Oregonian in its lame attempt
to disfranchise these same immigrants. The
editor of thatpaper evidently fears that the i'm
migrant vote will be given for Mcclellan and
Pendleton, and consequently any argument that
it could bring to bear, no matter how lame,
to shut out that vote, seems to have been its
line of policy. 1t was a political necessity
for the Oregonian to labor to have the immigrant
vote excluded, otherwise the State would be
carried for Mcclellan. 1t admits fears upon
this point and the 'necessity" for excluding the
immigrant vote, in the following unmistakable
language
''We only enunciate as plainly as possible the
necessity that exists that the same Copperhead
ruse that swept Idaho Territory into the Cop
perhead ranks, be prevented from working in
the eastern counties of Oregon. The emigra-
tion that has just crossed the plains comes too
late to claim the elective franchise. While
there are some loyal men among them, Aboli-
tonists, of course the probabilities are that toe
many of them are to all intents disloyal, Dem
ocrats, undoubtedly
Yes, that's what's the matter: there are toe
many Democrats among the immigrants and too
few Abolitionsts, otherwise there would be nc
necessity for preventing them from voting. And
that is the sequel to all the labor among .h e
Lincolntes in Oregon to impair the right of the
immigrant to vote.