Kansas weekly herald., 1854-11-17
received

&C. &c.
Witness our hands, this 2sth day Of New. 1854
They will then carefully replace the said
counted tickets in the box, with one copy of the
oath-one list OF Voters-one tally list and one
certificate Of return and having sealed up the
said box will carefully preserve the same, until
called for by the Governor, in case the election
shall be contested. The remaining copies Of
oath-list of voters-tally list and return will
be taken by one Of the Judges, who viii deliver
the same in person to the Governor, on or before
Monday, the 4th day of December next, at his
Office at the house Of Thos. johnson in the first
District.
The Judges of election will be sworn by a
Judge or Justice of the Peace, or in the absence
Of such officer, they may be sworn by one Of
their number, who shall in his turn be sworn by
one of those thus qualified, netting at the foot Of
the oath by whom it is administered. And the
several Judges Of election, are by these presents
invested with full power and authority to adj
minister the oath to each other, and to voters.
and others, touching the right of any person to
vote, under all the pains and penalties of perju-
~ attaching to oaths administered by Judicial
officers.
IL one or more of the Judges appointed should
fail to attend or refuse to their places may
be supplied by the voters on the ground at nine
O'Clock A. M. and vacancies occurring in the
board thereafter, may be filled by the remaining
Judges.
Qualification ofvoters.
By the Territorial Bill it iss.provided as fol-
lows:
ssThat every free white male inhabitant above
the age Of Twenty-one years, who shall be an
actual resident of said Territory, and shall pos
sess the qualifications hereinafter prescribed,
shall be entitled to vote at the first election;
Provided, That the right Of suffrage and of
holding office, shall be exercised only by citi-
zens of the United States and those who shall
have declared on oath their intention to become
such, and shall have taken an oath to support
the Constitution of the United States and the
provisions of this act; find Prouided further:
That no Officer, Soldier, Seaman or Marine, OF
other person in the Army or Navy of the Uni
ted States, or attached to troops in the service
of the United States, shall be allowed to vote OF
hold office in said Territory, by reason of being
on service therein"
The requisites of age and color are easily un-
derstood. That of residence is well defined in the
law, and means the actual dwelling or inhabitine
in the Territory, to the exclusion of any other
present domicil or home coupled with the pres
ent bona fde intention of permanently remaining
for the same purpose.
When voter is not native of the q. s. the
proof of his right to vote must be the production
of his certificate of naturalization of his de-
claration of intention under the seal of the court
and the want of it cannot be supplied by his
oath.
In case he has only declared his intention te
become citizen he must then be sworn, by the
constitution of the q. States and the provisions
of the ssact of Congress approved May 80, 1854
to organize the Territories of Nebraska and Kan
sas.' When this latter oath is administered to
voter, the word ssoGtho should be marked oppo-
site his name on the list.
The meaning of the last proviso, relative to the
army and navy is, that the persons designated
in it, shall not vote if their presence in the Ter
ritory is referrible only to the performance oi
their duties, and the obedience of orders. The
Officer or Soldier who would vote, must have a
residence here (the meaning of which is already
explained) irrespective and Independent of his
presence here under orders.
1t is perhaps unnecessary to say that every vo-
ter can vote only in his own district.
Contested Election.
In case any person or persons shall dispute the
fairness or correctness of the Return Of any elec
tion district, they shall make written state
ment directed to the Governor and setting forth
the specific causes of complaint, errors in the
conducting or returning of the election in said
District, signed by not less than ten qualified
voters of the Territory and with an affidavit of
/ one or more qualified voters to the truth of the
facts therein stated and the said complaint and
affidavit shall be presented to the Governor on or
before the Fourth day of December next, when
the proper proceedings will be taken to hear and
decide such complaint. ~
GOVERNOR &C.