The Kansas herald of freedom., 1855-07-14

u
elected members of said House: Provi-
ded, that In case two or more persons
voted for shall have an equal number of
votes, and IN case a vacancy shall other
wise occur in either branch of the Legis-
latiye Assembly, the Governor shall or
der new election and the persons thus
elected to the Legislative Assembly shall
meet at such time and place as the Gov
eraer shall appoint % DC. --.
This section gives the executive dis
cretionary and plenary powers touching
elections. 1t gives him entire control
over the elections as to the time and man
ner of holding them. He could have
had the election earlier or year hence
the organic act fixes the number to be
elected, and trusts the legality of their
election to the executive.
The act declares that the Governor af-
ter appointing the time and place of hold
ing the election, shall appoint and direct
the manner of conducting the election,
both as to the persons who shall conduct
the same and the returns thereof. In a
democratic government. in self-goyern-
ment, where the people themselves rule
through their representatives by them
elected, it is necessary there should be
some legality, some established form, by
which the people shall elect those to rep
resent them. Every State and every
Territory in this Confederacy is an inde-
pendent and distinct government by itself
in that government each individual has
the same voice in the election of those to
rule over him; and that this may be Sc
cured the purity of.the ballot box must
be maintained itmust be fortified against
repeated voting by the same individual
it must be fortified against foreign and
spurious voting This can be effected in
no way except by appointing men to su-
perintend such election; and by prescri-
bing some test of qualification, and some
! form by which a true return of the cleo
ton can be made to the proper authori-
ty. Unless this can beaccomplished the
government is not democratic one; the
people are not sovereign people. But
the organic act has provided for all this;
it has fixed the qualifications of legal
voters; it has given the Executive the
power to direct mode of conducting the
election, and the manner of conducting
the returns thereof, which are to be made
to him. This is expressed clearly and
unequiyocally in the act itself. The act
does not say he shall appoint judges OF
election who shall direct a form of re-
turns, but that he himself shall do this.
He is to prescribe the form, aad the
Judges shall make the returns according
to that form, or else it is no returns. Read
that sentence over and over again; there
is no ambiguity the meaning is plain
the language is unequivoeal. | Cannot
see how honest men, if they are intelli-
gent men, can construe this i'll more than
one way.
place great stress upon this clause.
All power exercised by the Governor in
ordering new election is contained in
this clause. If he has power to prescribe
form of returns, then he is not bound
to regard them unless made out accord
ing to the form by him given, unless the
form prescribed be conflicting with the
organic act. Accepting these premises,
but one conclusion can follow and my
premises are no assertion all is express
ed in plain English. Now l hold, Sir,
that it is the duty Of the Governor, and
made so by the act itself, to direct the
Judges of election whom he appoints, to
superintend the same, to make out to him
the returns of such election according to
some form which will show the legality
or illegality of such election. His fur
ther duty makes this an inevitable reGui-
site in order to secure the purity of the
ballot box. Without this, fraud of every
description may be committed without
detection.
| consider this point established, Sir,
sufficiently clear for all whose eyes are
not blinded to the truth.
Again: he shall declare those receiv-
ing the highest number Of ''legal votes
duly elected Now this legality must
be determined by the "returns." The
Executive has no power to declare any
person duly elected, unless he be so cleo
ted according to the returns. Now how
absurd the idea that the Governor shall
declare person elected, and still have
no power, no voice, in prescribing
the form Of returns, nor have the power
to establish the fact by investigation
or by proofl The organic &C, makes
it necessary that member of this House
shall be elected by ''legal'' votes. Now
who can decide upon the legality but the
Executive? This legality or illegality
must be determined before another cleo
ton can be called, for ifall is illegal there
is no election hence a vacancy, and he
must order new election.
Again: provided, that two or more
persons voted for shall have an equalnum-
Der of votes, and in case vacancy shall
otherwise occur in either branch of the
Legislative Assembly, the Governor shall
order new election" Now, sir, that
clause makes it the duty of the Governor
to decide upon and declare vacancies =
"And in case vacancy shall otherwise
occur" Now what is vacancy? II
is an untitled or unoccupied Office, empty
space, vacant post. Itmatters not wheth-
er 1t IS caused by death, by resignation
of member elect, or by an omission
once to fill such Office.
1t has been said vacancy cannot oc-
cur until this Legislature be organized.
If not, how then can vacancy occur
where two have the same number of
votes? And the act declares that va
cancy, where two or more have an
equalnumber of votes, .tand in case a va
caHcy shall otherwise"-that word 9th
cruise shows that in the former event
there was 9 vacancy-iherefore if there
is vacancy where two have an equal
then there would be vacancy
where no votes arc cast. Supposing the
electors should not attend the polls, and
no votes should be cast, is there not va
eancy? If then there is a vacancy where
no votes are cast, is there not vacancy
where no legal votes ara cast? Can