Rensselaer Gazette, Volume 2, Number 25, Rensselaer, Jasper County, 11 October 1858 — The Election Law—Who is a “Restdent!” [ARTICLE]

The Election Law—Who is a “Restdent!”

To show the meaning of the word resident as used in the statute defining the quaL ideations of voters, we quote from IX Indiana Reports, (Supreme Court,) page 477. “To gain a domicile in this State, the citizen of another State must remove, locate, and intend permanently to remain here. Residence without such intention operates no change of poltical rights; and such resident cannot vote in this State. Thus, also, a resident in a county for any length of time, on business, on a visit, fur pleasure/or for any temporary purpose, with intention to return to a domicile elsewhere, or without intention to remain for an indefinite time at least, is no abandonment of the former domicile and uives no domicile in the county where such temporary sojourn is made, and consequently no right to vote at such temporary place of residence.” “By our law no elector can vote except in the township or precinct where he resides. The right to vote, eligibility to office, ami liability to taxation, in one township, are exclusive of those rights and liabilities mall other townships.” ’’Upon a question of domicile, evidence of the conduct or declarations of the party, afterwards as well as before, may be received to ascertain his intention on a particular day. The word “home,” is nearly synonymous with the word “domicile.” A residence, within the meaning of our constitution, is a home. The best definition of domicile seems to be—“A residence at a particular place. Accompanied with positive or presumptive., proof of an intention to remain for an irnlimited time.” “A single man can be no more without a fixed doliiicile than a man ol family: ami though the domicile of the former' innv be more dfficult to find and prove, yet the rules ol evidence by which it is ascertained are the same ns those applicable iu determining the domicile of other persons. This is the law as endorsed by the Sudreme Court of Indiana, and by every other Court that has had the question before them. It is a construction thut*commam’s itself to the judgment of every thinking man. The mere fact of a person living in a certain township on the day of election does riot constitute him a resident or a voter. If he is living there temporarily, for business or for 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 entitled to vote. It is the same whether he comes from another State, or from anotlier i township or county in the State. It is the same, whether the person is a man of family or a single man. Such being the law, it is evident that persons going into any township for the purpose of working on a railroad, or ditches, or at anything else, with no fixed intention of making that township their permanent residence, but with the intention of leaving as soon as the work is completed, are not entitled to vote in such township. It is notorious that a large majority of persons employed in constructing railroads and in digging ditches are of this, class Their residence is temporary and and not permanent. 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 places his rpain hope of an election to Congress; and not content with those already in the district, others are being brought in from Illinois, VVe hold that it is not only the privilege but the duty of every Election Board, when a person is challenged o.r is suspected of being only a temporary resident, to question him in regard to 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, ail good citizens should see that he is immediately arrested and prosecuted.— South Bend Register.