The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-04-26
VOL. TX.
KANSAS AFFAIRs-No ELECTIoN-THE DUTY
OF THE GOVERNOR.


Assembly, the Assembly to consist of Council
of thirteen members, and House of Represent
atives of twenty-six members, at its first scy
sion; that "previous to the first election. the
Governor shall cause a census or onumoratior
of the inhabitants and qualified voters of n,
several counties and districts Of the Terrtory,s
be taken;" that "the first election shall h,
held at such time and places and be conducted
in such manner, >both as to the persons VIII,
shall superintend such elections and the return,
thereof, as the Governor shall appoint and d.
rect; that "the persons having the highe,.
number of legal votes in each Of said countie,
and districts for members Of the Council shall
be declared by the Governor to be duly elected
to the Council, and the persons having the high,
est number of legal votes for the House of Rep.
resentatives, shall be declared by the Governor
to be duly elected members of said House
that the persons thus elected to the Legisa.
tive Assembly shall meet at such place and on
such day as the Governor shall appoint
The Law, regarding the necessity Of the case,
invests the Governor with the sole power of As
certaining the population of the Territory with
view to the first apportionment, of determin.
ing this apportionment, of prescribing the time
and manner, and of deciding upon the validilyo.
the election, and of fixing the time and place
Of the meeting of the first Legislative Assembly
After that, this power is vested in the Assem-.
bly, itself
Governor Reeder, therefore, in causing a
census to be taken, in apporioning the mem.
bers of Council and Representatives among the
several districts and counties, in proclaimip,
the. qualifications of voters, the time, manner,
and judges, of the first election, acted in virtue
Of the authority conferred on him by the Law.
and in obedience to its plain requirement
The election having been held, it becomes
the duty of the Governor, under the law, to
judge of its validity, and to decide who have re,
ceived the requisite number of legal votes
lie has the same power now, which the Legs.
lative Assemblies will have after the election
and organization of the first-the power to
judge of the returns, and of the qualifications
of the persons elected. Those who have Re.
ceived "the highest number of Iegal votes
whether for Council or House of Representa-
tives, are to be declared by him " duly elected"
If, after careful examination, he be convinced
that no one has been elected by "legaL" votes
he cannot declare any duly elected without
violating his oath of Office, and therefore must
withhold his certificate.
Now, what constitutes u legal election >
Conformity to the acquisitions of the law. as
regards the qualifications of candidates and
electors, and to the forms prescribed by the
Governor, in virtue of authority conferred bv
the law. Had no census been ordered there
could have been no legal election. Had there
been no apportionment according to law, there
could have been no legal election. What are
the qualifications of members Of the Council
and House of Representatives? The same MS
those of voters. So says section 22d of the
law. Will any one say that persons elected
without the prescribed qualification are duly
elected" and entitled to the Governors certiG.
cate But, what are the qualifications of an
elector?
lst. According to section 23d, he must be
citizen of the United States, or have declared
on oath his intention to become such, and have
taken an oath to support the Constitution Of
the United States, and the provisions of tho
Nebraska-Kansas act.
IDLY. He must be free white male, above
the age of twenty-one, and an actual resident
of the Territory.
3dly. No person belonging to the army or
navy of the United States, in such Territory
shall be allowed to vote or hold Office, on &C
count of such service.
Were it proved to Governor Reeder that in
Lawrence, the members of the Legislative As
sembly had been elected by the votes of persons
not citizens of the United States, or who bad
not taken the oath referred to above, could he
declare them duly elected" and give them
his certificate, without perjury?
Now, we come directly to the point. 1t is
notorious, charged by the actual settlers Of
Kansas, loudly boosted of by the Missouri
politicians and Press, known by Governor
Reeder, demonstrated by the vast excess Of
voters over the returns of the census, that at
| the recent election in that Territory, members
elected were chosen not by "actual residents,
but by citizens of Missouri, who went from that
State for that special purpose and then return
ed to their homes in Missouri. Not only was
the election rendered illegal by this act, but,
those Missouri citizens took possession Of the
polls, overawed, in some instances, in Others
caused the removal of the Judges of Election
appointed by the Governor, so that the cleo
ton was also rendered void, by the fact that il
was not conducted in the manner prescribed By
him. Tn view Of these facts, notorious and III
deniable, Governor Reeder cannot declare the
members chosen, "duly elected" or give them
his certificate, without violating his oath Of
office. The election is void, and it is his duty
to order legal election to be held.
We learn from the Free State, that the mem
bers fraudulently returned, are about 10 organ
ize. IF they do, without the Governors sane
ton, their meeting will be no more than an
ordinary meeting of citizens, or mob, for, ac-
cording to provision in section 22d Of the act,
the persons "duly elected" to the Legislative
Assembly, snail meet NJ sue" pe"Oc; anu va
such day as the Governor shall appoint. AS
there is no election, he has no right to name
the time or the day for the assembling Of the
mob claiming to be an Assembly. We do
hope it may turn out that Governor Reeder has
sense and nerve enough to take the RESPONSE
bility, without applying for advice to Washing
ton. There is the Lawr-its provisions are
nIa;n-he is sworn to execute them-let him
do his duty, and he will be sustained