Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1869-04-30

Il
[ turns when absent. Of all these class
: whose residences Is changing as bushes
: / dictates the student alone is seIeeth
, for dfsfrarch sernent. The reason f6
r the law is not apparent, when there ar
, other classes to whom 1t would atlol
with greater force who are exempte
I from its OpeFGEl0uSs - s4a -4-
In, order to avoid, IN some degree. tn
constitutional di1Aeulty herein cited, !
would seem that the author of tn
original bill introduced three excep
tions into the body of the bill, vhiel
three exeeptionsl clauses became par
of the law when enacted, and exemp
from its operations -a1aa =
/ l. Such students as were leeall1
| qualified electors Of the township, CITY
or incorporated village where the col
Iege or school s. locateds before they
| became students therein. @ s1a +ld
| 2. Such students as shall, ON oath, de
clare that they have no other place d
residence, and that it is their intention
I to make such township, city, or vii
| lage their place Of permanent resi-.
denee. cE1 asI- esq nosa
3. Students whose parent or parents
had an actual residence in such city,
township, os Killage, or had removed
thereto with the Intention of making
the same such residence before, at the
time, or siRee such attendance eom-
menfed -ariE zEE 1r Hs zezl77
These exceptions are each covered by
the oath that is to be rendered to the
student Offering to vote and challenged
because student I'D lae must. uI1cier
oath bring hiuaseIf under one or the
Other of these exceptions. or be dis
franehised. 1fa
most absurd, and bIlt s. Ileurllez attempt to
disguise the design, to diStranch1se citizens
politically otbnoxloas ~ 2 sweeping desig-
How the fact that tl1s student was q quail.
fed voter or not at the place where the col
Hege or school ls located before ne became
student can throw any light on his present
right to vote, the undersigned fail to per-
ceive. 1f he was, he can still vote; 4 not,
der one or the other Of the excepuonal
clauses. He may have lived there from
he entered the institutio on. then being Of full
age, without allareHtsg allld Illable 70 swear
that he expects to make that place his per-
manent RESIDENCE lle cannQ5 vote th9ngh
he never had any other residence than that,
and though he could vote. there II engaged
in any other pursuit. flisa that cf a student.
into law seems simply ridtcutouss and 1t
is marvellous that this General assembly
Again. BY what Tiaiif can the General As
SembIy require the citizen offering to vote
to swear that it is his intention 70 make such
city, township, or village, where ne pro-
poses to vote, his place Of peFIna nemt resi-
dence? What man under the age of forty
could make such declaration under oath
" one of this General Assent could make, |
the student is required 70 make OF be dis
in PutTlaT1- vs.. 5obnsJn. al /
ready cited, in commenting on v Nattel's def |
ones habitauon ts 4Xed, = with an Intention /
Of always staying there, = = The definition is
too strict, If taken literally, to govern in a I
1uest1on of this sort, and Il adopted here, 1
might deprive q large portion Of the citizens
Of their right OF Suffrage. IN TINS new ana /
7nterPris1ng country, it Is doubtful whether /
One half of the young men, at the time of /
heir euaaneip patton, TX themselves In any 1
own with an iHtention Of always staying /
to see Whether It Will suit their /
views of business and advancement in life, [
and with an intention Of removing 70 some
more advantageous position. u they s1otlld 4
De disappointed. Nevertheless. they nave
heir home in their etosel1 abode while
hey remain. PROBABLY the meaning OF
Yattel is, that the habifaiOn Is 4iXed in any I
place without any present intention Of re-
moving therefFona. At least this definition
5 better suited to the circumstances of this
Therefore the requirement is Hnsuited to
he circumstances Of sour peQplesu II Is a re-
luirement that is outside Of the CohstitU-
ion, and in violation thereof, and one that
s eXacted Of the student by this law, but OF
10 one else; an inyidious distinction that
'ught not to exist on our statute BOOKS:
The third exception makes the I5stlk 70
Tote depend upon the resldence q tts ~ 81
lenf's parents. After arriving at "a q ot1ty,
he residence of the parents ls no longer /
necessarily the residence Of the child. It !
nay become so by reason of choice, OF IT i
nav not by reason of choice. The Gact Of
esidence of parents in ana Of itself throws
10 light upon the residence of the child
vhen emaneipated. Suppose the student Is
4 the age Of forty yFefrsi loW ;lan la tne 19ct
of his legal rights as a yoter2 L
he only pertinent indttiF5 is, where does
lis political RIGHTS q pend upon the inten-
very respect Of which it is capable, the uu-
lersigned are c1eari in the conviction that so
much of the act of April II, 1858, as refers to
is sTnconstitutionaI, and inYidiOus /
n its distinctions against class Of our eiti1 /
ems whom it becomes US 70 encourage fa-
to stimulate to a noble love Of our
jtate, and its laws and legislative depart
nent, rather than contempt and hatred. Il
Lastly, we. regard the said act as blow at
he prosperity of our colleges and 1nStltu-
ions of learning. Students proposing to
lumber OF years such a course contem-
,Iafes will Scarcely select an institution in |
lhio, knowing that during all that time
hey will be disfranchised by the laws of
his State. The tendency of q law of this
o pursue their studies and prevent others
rom cOminghere for that purpose.
If, in an attempt to exclude the vicious,
he debaSed, The ignOrants from the elective
raDchise. because of some fancied danger |
o our institutions from such, the COnstttu-
ION had been violated, we might look char
tabIy Upon the attempt, believing the mo-
i've was good, and might, IN some degree,
the purpose, though misguided.
iisffaDehfse those among the most gifted of
Jur young men. and whereby q blow is
truek. not only at them, but at those inSti-
lItiCns of learning which reflect, and have
effected illustFious credit and honor upon
,ur State. we are lost in wonder at the at
empt, and we are led to believe that the en-
lctnent must have been the result of nasty
md ill-eonSidered legislation.
Therefore, the undersigned recommend
he engrossment and passage of this bill.
J. II. DICKSON,
r. +. HOWARD,
d. w. CANFIELDs