Kansas weekly herald., 1855-03-30
Kansas Election!
Qualification CT Voters.
Dissection Of the Oath prescribed by The
Governor

| qualification CT Voters.
Dissection Of the Oath prescribed by The
Governor.
OATH TO BE TAKEN By THE JUDGES.
I, A., B and c., do swear
that will perform my duties as Judge Of
the election to be neld this day at the house
OF -, In - election district of the Ter
ritory of Kansas, to the best of my judgemnt
and ability that will keep true, correct
and faithful record or list of all persons who
shall now vote at SAID election. That /
will poll no ticket from any person who is
not an actuaI inhabitant and resident of
said Territory on the day of the election
and whom shall not honestly believe to
be voter, according to the provision of an
| act OF Congress org anizing said Territory |;
that will reject the votes of all non-resi-
dents, who / shall believe have come into
the Territory for the same purpose of voting.
That in all cases where am ignorant of
the voters right, I will require legal evi-
dence thereof, by his own oath, OF, other
wise, and that / will truly count and record
| the votes received, and make true and
| faithful return thereof, to the Governor of
| said Territory. A. B.
C. D.
E. F.
Sworn and subscribed, March 3Oth, 1855,
before opening the polls, befor me-
G. H. J. P.
March 1s, 1855.
The only parts which require notice, are
those which attempt to define the qualifca-
tions of voters, and to specify the evidence
10 be given:
1. "To poll no ticket from any person,
Who IS not an san actual a.habifant and
resident on the day Of the election.
Actual means nothing-if an ''inhabit-
| ant" at all, he is of course, an ssactual In
habitant".
'Inhabitant and resident if at all, he is of
course, an "actual inhab bitant"
| 'sInha bitant and resident" are the same
Iii one he is both. Governor Reeder at
tempts to create the impression that by
| resident, IS meant something more; to
induce the idea, that voter must have a
| ''restdence" in the popular sense of "house''
in which he dwells
This is false and absurd it is not neces-
sary for voter to have sshouse, dwelling,
or residence, in the popular sense. No
property qualification is required In the
Territory!
The terms ''inhabitant," and president
are used in their legal sence, and mean the
same thing. They are to be construed in
Kansas, as they are in the States, with ref
erence to the same matter.
In the States. voter is required to be a
PRESIDENT" 'sinhabitant," &C., a certain
length of time-in some six months, In 9TH
ers twelve months.
In all such cases, every man knows that
a person who merely stays in the State the
time required, is deemed a voter. As in
Missouri, man who has been In the State
twelve months, is an undoubted voter.
He would not be required to swear that he
intended to stay there alUays-"p permanent
ty," not moment longer than he give his
vote. He has lived as long as the law re-
quires, and has a right to vote, no matter if
ne intend to move the next day.
In the celebrated case of Moore against
Letcher IN Congress, it was decided that
young men at school, who had been 1T the
school the proper time. six or twelve months,
had right to ote,although they intended
to go to their fathers the day following the
election.
| In the same case it was held that men
who are hired to work, are residents y
inhabitants, whenever they are at work.
The only general rule laid down by Con-
Igress In that case is this.
GA man is a resident, or inhabitant of
the place where he is Stopping, with an in
tention to remain an uncertain time"
1T the reryday Of hts returning Is not fr-
ed-af 1t be uncertain, he is In strictest law
resident and inhabitant.
BY the Kansas act, every man In the
Territory on the day of the election is le-
gal voter, If he have not fixed a day for his
return to some other home, unless there be
some other objection to him.
As in Missouri ifhe stay twelve months,
the time prescribed by the law; soif in Kan
sas he be there on TIE day, the time pre-
scribed by the Kansas act, he is voter.
An in neither case is he required to swear
that he intends to remain any longer than
ltAs Law requires.