Rensselaer Gazette, Volume 2, Number 24, Rensselaer, Jasper County, 6 October 1858 — THE Election Law-Who is a “Resident!” [ARTICLE]

THE Election Law-Who is a “Resident!”

To show the meaning of the word resL dent as used in the statute defining the qualifications of voters, We q from IX Indiana Reports, (Supreme Court,l page 477, “To gain a domicile in litis State, the citizen of another State must remove, locate, and intend permanently to -remain here. Residencewithout.such intention operates no change ofpoltieal rights; and such resident cannot vote in this State. Tims, also, j a resident in a county for any length of lime, : on business, on a visit, for pleasure, or for j atiy temporary purpose, with intention to return to a domicile else .vhere, or without, intention to remain for an indefinite sßne at least, is no abandonment of the lormt'-rdom-icile .and gives no domicile in the county - where such temporary sojourn is made, and | '.consequent!_v no right to vote at such tern-; porarv place of residence.” “By our law no elector can vole qxcept in the township or precinct whore he resides. The right to vote, eligibility to office, .and, liability to taxation, in one township, arcexclusive of those rights and liabilities mall other townships.N”Upon a question of domicile, evidence of the conduct or declarations of the party. 1 afterwards as well as before, m:iy lie received to ascert.- in his intention omaiparticujur day. Tiie word “home,” is nearly synonymous with th ‘ word “domicile.” A resid rnce, j within tii ■ liieaniitg ol our constitution, is a j home. The best definition ol 'domicile seems L to be—“A residence at a parti ular place, ‘ accompanied with positive or presumptive! proof ol an intention to remain 4or air us iim-j it til time.” “A single nian can be no m ire without \ a fixed domicile than a man- ol family: and though the domicile of tire former may he I more dfhc;ilt to find and prove, yet, the rules 1 of evidence by which it is ascertained are the same a.ttliuse applicable i.i detennitiing the domicile of other persons. This is' the law as endorsed by the Supreme Court of Indiana, and by every other Court that has had the question before them, j It is a construct ion that coinnrands itself 'to ; . t lie judgment, ol every thinking man. The | mere, tact of a person living.jiu a certain! township on the dav ol' election does not | constitute him a resident or a voter. If lie j is living there temporarily, for .business Or | lor pleasure, with the intention of'leaving! as soon as his object is accomplished, he does not gain a residence .within the meaning of the law, and consequently is not eii- , lilted to Vote. It is the same whether lie comes from another State, or from another tow nship or county in the State. It is thesame,"whether the person is a man of fami-' ly or a single "mail. Such being the law, it is evident, that persons going itit > any tow nship lor th ■ purpose I ol working on a railroad, or di lches. or at I anything elsg, with no fixx’d intention ul'j making that township their permanent resi-; deuce, hut with the intention of leaving as soon as the work is completed, are nut enti-| tied to vote in such township.vs It is rtoturious .that a large majority of persons employed in constructing railroads and in digging' ditches are ol this class Their residence is temporary and shifting, and not perman-i ent. Yet a large-'number of votes of this' class are polled by the'Democracy at every election in this' district. It is upon this! class of illegal voters that Walker phires his. main hope-of an election to .Congfes&jj! and not content with those already in the district, others are being brought in from Illinois. We hold that it is not only thje privilege but the duty of every Election Hoard, when a person is clritllenged or is suspected of being only a temporary resident, to question him in regard ter this point, and if it is ascertained that the suspicion is correct, then tell him that he is not a legal voter and explain to him the penalties he will incur by voting. If he still persists in voting, .all good citizens should see that he is immediately arrested anal prosecuted.— South Bend Register.