Stewart v. Foster
Supreme Court of Pennsylvania
IN ERROR. THE plaintiff, at an election for borough officers in the borough of Pittsburg, in March 1809, offered his vote, he being a freeholder in the borough, and having resided therein one year immediately preceding the election, and within that time paid a borough tax. The defendants, who were the inspector and judges of that election, refused the vote upon the ground that the plaintiff was not a citizen, and was not entitled to vote for members of the general assembly.
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IN ERROR. THE plaintiff, at an election for borough officers in the borough of Pittsburg, in March 1809, offered his vote, he being a freeholder in the borough, and having resided therein one year immediately preceding the election, and within that time paid a borough tax. The defendants, who were the inspector and judges of that election, refused the vote upon the ground that the plaintiff was not a citizen, and was not entitled to vote for members of the general assembly. A case was thereupon made for the opinion of the Common Pleas of Allegheny, to try the plaintiff’s right; and the…
1Opinion of the Court
Tilghman C. J.
The question to be decided is, whether an alien, having resided in Pittsburg one year next prece*115ding an election for borough officers, and having paid a borough tax within that time, is entitled tó vote at such election.
*116This will depend on the construction of the several acts of assembly upon that subject.
*117Pittsburg was first erected into a borough by an act passed the 22d of April 1794, 3 St. Lazos 588. By the second section of this act, “ the freeholders and other inhabitants, “ housekeepers1'1 in the borough, were authorized to elect two fit persons to be burgesses, who were…
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