Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-10-02

| fer no authority in this respect in regard to
the October election. With me. this is Q
| matter Of most sincere regret, inasmuch -
1t IL now, and always has been, my most
| anxious desire to see full and fair election
| held in October next, and to contribute 10
the extent Of all the authority devolved up
on ue BIZ law BY the act oil Congress.
| however, Of the Shth Of March, 1854. organ
izipg this territory, and which is still in
force n that respect, on this subject, it is
declared in 33d section that the person
| having the greatest number Of votes shall
be declai ed by the Gov. to be duly elected
| and certificate thereof shall be given sc-
| cordingly" As regards the territorial leg
islature, the Certificate is to be given by the
Secretary Of State, who is to count the votes
in the presence ofthe Governor; and in re-
ation TO the local officers, this duty. in case
of contest, is devolved upon the courts.
In view Of my duties In connection with
thi. law, my attention has been called to
the qualification Of voters under the law
But even here the prior duty is devolved
upon the Judges Of election, and might
not have felt called upon to give any opin-
ion upon the subject. but for circumstances
Of a most grave and serious character, to
which shall now refer. The territory Is
threatened with a vio,ent seizure Of the
polls at the October election, leading neces-
sarily TO n collision and civil war. This
would be a most disastrous circumstance, re-
curing imperatiyely the employment OF the
troops under my control, to avert scenes dis
graceful alike TO this territory and to our
country, and v hich every good citizen cold
not but depiore If, then, under these cir
cumstances. the expression Of my opinions
could prevent. as in May aud June last, the
occurrence Of such catastrophe. regard it
as a solemn duty to make that expression.
rather than resort to the employment OF
for .est0 be follow wed By scenes Of anarchy and
blood shed
The two questions presented for my con
alteration are
F.rst-Can those who were qualified I'M
der the organic act to vote al the first cleo
ton in this territory. vote also III October
| next, Independent Of any restrictions impos
Ell tv any act of the territorial Legislature
1t will be prcceived that the act OF Con-
gress is clear and explicit or this subject
1t prescrbes the qualifications only OF those
who shall be entitled 20 vote ut the frst
election. and shall be eligible to any Office
within the said territory; but the quaIiti-
cat on OF voting and of ding office, at all
subsequent eiecf,ons sI.all TIC such rs shall be
prescniJedJy Mc LcgiS!atice assembly, The
provisions have 10 application whatever to
,hc subject, inn snuch as they only prohibit
the Legislature from permitting persons to
vote who are neither native or naturaliled
citizens. aud certain officers. soldier of the
army, dc.
now, that, it j. clear, FIRST. that regards
4 Loo
are not prescribed by the act of Congress,
and second the qualifications with the re-
stric'ions before mentioned for all subse
queht elections. are to be designated by the
territorial legislature
II is certain. then that the question now
raised as regard, the pretended right Of per
sons to vote who possess the requisite quail
! iiicailons, under the act Congress. tor vot-
ing II, the first election. hut are excluded
( from hy subsequent Territorial! legislation
now in force, has no foundation whatever
! in law, and such votes would be wholly il
| legal Under these circumstance | trust
! that no one will attempt to vote who is ex.
| ciulcl 10y the Tcrrit, risl law; and if such
| Illegal attempt 10 made, such u clear viola
| ton of the act of Congress and the laws Of
this Territory will lie arrested and prevent
| ed by the Judge Of the election
| The second question is
! VIII voters at the election in October
who possess all the qualifications provided
| by the Territorial act OF the 10th Of Februa
ry 1887, which is the last act on this sub.
/ ject be also required to possess other and
| different qualifications. contained iii prece-
ding Territorial euactments, OF is the las,
law the sole rule Of action on this sublec =
This last act is the general election law
providing for new and entirely distinct up
portonment Of mcmb ~ Of both branches o
the Territorial Legislature, rs also the quail
iticaiions OF voters nj that aud all succeed
ing elections. and is entitled, An act to dc
fine and establish the council and the rep
resen,ative districts for the second Legisla
tive Assembly and for other purposes
Tue first section designstes by name the
! sever. al counties in Kansas which al to con
stitule the several councils OF Kansas which
are 10 constitute the respective representa-
tive districts: the third section apportion
among the several representative district
according to the census provided for tn,
Convention law the fourth section appor
tions in the same manner the member
among the several Council Districts Tia,
fifth aud last section is in these words
see D. Every bona hde nhabitant Of tn,
Territory Of Kansas. being citizen of tn,
| ntel States. over the age of 81 years
who shall have resided six months in sal,
Territory before the next general election
for members of the Council and House o
Representatives and no other person what
ever shall be entitled to vote at any genera
election, hereafter to be held in this Terri
! .I.I Int
this net contained shall he considered TO az
ply To or effec, in any manner the provis
ions OF an act, entitled An act to provid
for taking the census. and election for dele
gates to Convention.
This act to take effect and be in fore
from and after lis passage
The language of this sectien is clear an,
explicit 1t is an act prescribing the quail
fica,ions, and all the qualifications Of VIC
, tiers at all future elections The law is rel
. feet and complete in itself, without any re
crence whatever to preceding cnactments
The language is free from controversy
Every bona fde inhabitant. dc, shall h
entitled TO vote. DC. The words are in
peraiive. II is the language of comnan
from the proper authority. and no one ha
, any right t. interpelatc restrictions cor
, tanned in preceding cnactments 1t is
well settled principle of law, as of commo
sense. that any subsequent statute proceed
; To regulate an entire subject in general an
j comprehensive language, as it is of full fore
and effect in and of itself, and restriction O
e addition can be made 10 its provisions b
e reference to any preceding enactments
4 such case there can neither be additio
nor subtraction. and the numoer Of qualfie
voters can neither be augmented, by addin
to them those who were permitted to yot
; by preceding laws, nor be lessened b. sui
+ tracing those who were restricted from tn
c right of suffrage by previous enactments.-
!. The words every citizen DE, and no oti
/ err shall vote. include all who are describe
in the act. and exclude all others. Beside
the RICH of suffrage is the most sacred know
0 to the American people. 1t is the basis II,
on which repose all their institutions 1t
+ a right highly favored in our law, and i
t all such cases, to deprive any one Of tn
4 right, the words must be clear and unan
4 iguous.
n On this subject have never entertaine
o any doubt, and never supposed there coul
= be any question And | might have liz
i clined the expression of any opinion on eitl
| er of these points but for the certain know
VI edge Of the fact, communicated to me fro
l. almost every quarter of the territory, on
= ! \