The Kansas herald of freedom., 1855-04-07
The Contest.

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The Contest
We understand the Governor has de.
termihed to submit the recent contested
election cases in this Territory to the At.
torney General of the United States fol
his opinion. Gov. REEDER claims thai
by the act Of Congress organizing Kan
sas, the power was vested in the Execu-
tive of deciding who was legally elected
as representatives to the Legislative As.
sembly; aud that no person is entitled to
a seat in that body unless he has Ger.
tiGcate of election, attested by the Terri
torial seal, with the Governors signature.
The Missourians, on the other hand,
claim tina. the Governor has exceeded
his authority in defining in his proclsma-
ton who were electors; that they, under
the law, had as valid a right to vote as
any bona fds resident of the Territory /;
that he lad no power to require an oath
from the judges Of the election, or from
the voter as to his citizenship; and that
the Legislature, when convened. was the
oaty tribunal vested with authority to ex-
anime into contested cases, and decide
who were entitled to seats.
The ED section of the act Of May
30th, 1851, defines the powers of the
Governor in the following words:
2" And the first election shall be held
at such time and places, and be conducted
in such manner. both as to the persons
who shall superintend such election and
the returns thereof, as the Governor shall
appoint and direct; and he shall at the
same time, declare the number of mem
bcrs Of the Council and House of Repre-
sentatives to which each of the counties or
district shall be entitled under this act
THE person hauing the highest number
cftega potcs in each of said Council dis
trices for members of the Council shall Be
declared By the Governor to be duly elect
ed to the Council; and the persons hav-
ing the highest number of legal votes
for the House Of Representatives, shall
be declared by the Governor to be duly
elected members of said House"
If no person has eny legal votes, of
course the Governor must declare the
election void, and ordera new one. Con-
gress, in defining who were legal voters,
says:
"Tha. every free white male iaAa5itan
above the age OF tweaty-one years, who
shall be al actual residea. Of said Terri
tory, and shall possess the qualifications
hereinafter prescribed, shall be entitled to
vote at the first election
The law frs. declaring that the voter
shall be an " i5shabiiant," !" which is defined
by Mr.. Webster as "a dweIler one who
dwells or resides permanently in place,
or who has a fixed residence, as distin-
guishcd from an occasional lodger or WIS.,
itor. 2. One who has a'leyut settlement
in town, city, or parish
The law making power, apparently APP
prehensiye that an effort would be made
10 import voters for the special occasion,
defined their qualifications still further,
by requiring that they should be SAC
TuAL RESIDENTS" Webster defines the
word ACTUAL" as that which exists
''TRuLY and ABSOLUTELY" And "REs-
IDESr' is defneda as "One who dwells in
place for some time" 55
1t is only proerastinating the session Of
the Legislature by submitting the ques-
ton to the Attorney General for his opin-
ion, but this, we are informed, was de-
sired by the Missourians, and of course
there can be no objections to doing SO.
The whole matter is as susceptible of elu-
cidation as the plainest problem in Eu.
cid, and will not engross the attention oi
the Cabinet officers, or their legal adyi-
sers. for any length of time. Ii they
shall be satisfied that voters sufficient to
control the election in any district were
imported into that district for the especial
purpose of influencing the election, and
that as soon as the election was over
like the locusss which deyour every green
thing within their reach, and then retire
--they returned to their ACTUAL RESI-
pENCEs in Missouri, they viii say tina.
Gov. RggDER did right in refusing GER
tificates of election, and viii take meas
ures to prevent similar invasion of the
rights of the freemen of Kansas on fu-
ture occasion.