The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-10-01
NO. Sol.
AFFAIRS IN KANSAS.
Proclamation of Governor Walker.

We extract the material portions of it
THE RIGHT TO VOTE.
II will be perceived that the act of Congress
Is clear and explicit on this subject 1t pre-
scribes the qualification only of those who
shall be entitled to vote at the first election
aid shall be eligible to any office within the
Territory; but the qualifications of voting and
# holding Office, at all subsequent elections,
hall be such as shall be prescribed by the
Lsyislatice assembly. The provisions have no
application whatever to the subject, inasmuch
a. they only prohibit the Legislature from per-
hitting persons TO vote who are neither native
nor naturalized citizens, or have declared on
oath their intentions to become citizens, and GER
tain officers, soldiers of the armv, &c.
Now. then, it is clear, first, that, as regards
all elections but the first, the qualifications are
not prescribed by the act of Congress; and,
second. the qualifications with the restrictions
before mentioned, for all subsequent elections,
are to be designated exclusively by the Terri,
tJrial Legislature.
II is certain, then, that the question now
raised as regards the pretended right of per-
sons 10 vote who possess the requisite quslifi-
cations, under the act of Congress, for voting
at the first election, but are excluded by subse-
uuent Territorial legislation now in force, has
no foundation whatever in law, and such votes
would be wholly illegal. Under these crcum-
stances, | trust that no one will attempt to vote
who is excluded by the Territorial law; and if
such illegal attempt is made, such clear vio-
laiion of the act of Congress and of the laws of
this Territory will be arrested and prevented
BY the judges of the election.
THE TERRITORIAL TAN
While the tax remains, the qualification ap.
plies no more to the election in October than
il does to the. election of delegates to the Con-
vention because it was dropped in both acts,
and because we have no right to insert most
important provision that is thus omitted by the
Legislature, and because it is a settled rule in
interpreting the statutes, that if the Legislature
had intended, in either case, In prescribing the
qualifications, and all the qualifications of
voters, to superadd one that was inserted in a
preceding law, they would have repeated the
restriction in a subsequent statute. How easy
was it for the Legislature, in prescribing the
qualification of voters under the Convention or
Election Law, if they intended, in addition to
the qualifications named in these laws, to re-
quire the prepayment OF tax, to have said so,
aud not left it to others to interpolate words
which they had excluded. They have not said
So and that is enough. On this subject,
have never entertained any doubt, and never
supposed there could be any question. And /
might have declined the expression of any
opinion on either of these points, but for the
certain knowledge of the fact communicated to
me from almost every quarter of the Territory,
and from all parties, that these conflicting con-
structions of the law if not settled, will certain
IL produce collision at the polls, and most prob
ably a disastrous civil war and revolution. l
claim no authority to instruct the Judges of
election, by virtue Of my official power, how
they shall decide; but l give my opinion, as
others have given theirs, and with the same
sincerity, in the hope that it may tend some
what to prevent the disasters with which we
are threatened, growing out of these conflicting
opinions, and that it may render unnecessary
resort to the military force, subject to my or
ders, to preserve the peace of the Territory.
la reply to communication (embodying
these views) in despatch from the Secretary
OF 5 ate, under date of September, 1857 after
remarking, most Justly, as | always contended,
that | could issue no authoritative mandate to
the Judges of election on this subject, or con.
troll their decision, the Executive says:
THE Territory of Kansas is in a peculiar
condition. By your statement-and possessing,
you do, the best means of information, your
views, in the opinion of the President are en-
titled to great weight is in state of incpi.
ent rebellion, with an organized military force,
prepared to resist the authority OF the United
States.
1t may therefore become necessary to use
the troops placed a. your disposal, not only to
aid as a posse cOmitdtuS in executing the laws,
but also to suppress instruction. Surely,
under these circumstances, If the expression OF
All opinion in advance Of his action and it may
be instead of it, which the President honestly
entertains will have a direct effect in prevent
ing civil war in Kansas, he cannot be Justly
censured for attempting, by such an expression
OF opinion, to avert the calamitous result.
The danger you anticipate arises, as you
observe, from the apprehension of a portion of
the citizens of Kansas, that they will be ex-
cluded from the privileges of voting, because
they have not paid Territorial tax. Now, the
President, we'll as every member of his Cab
met, concurs in opinion with you, that the pay
ment of such tax is not required as qualif-
cation to vote. He and they entertain not a
doubt that the 9Th section of the act of Febru.
airy 20, 1857, is complete in itself, and pre-
scribes all the qualifications required of voter,
and among these the payment Of Territorial
tax is not included. They are also firmly con-
vnced that no person whatever, not possessing
these qualifications prescribed for voters by the
organic act Of Congress of May 80, 1854, has
any Just claim to the elective franchise"
THE TROOPS
The troops at my disposal which are fully
Competent to the task, will, at the request of
citizens of both parties, be stationed at the
points where violence has been threatened, or
anticipated, not for the purpose of overawing
the people, or Of interfering in any way with
the elections, or influencing them in any re-
spect whatever, but by their presence guarding
the polls against any attempt at instruction or
violence, from the mere knowledge of the fact
that it can and will be suppressed; but, if me-
n md Inv la mi
means all the just rights of the citizen in ex-
crossing the elective franchise, under the deci-
sion of the proper authorities, and to act as
posse cOmudtuS for the arrest of offenders.
THE LAWRENCE INsURRECTIoN
should have greatly preferred, as expressed
IN my letter of acceptance of Governor of this
Territory, never to have been required to have
called the troops even as precautionary meas
ure. As it is, not drop of blood has been
shed, and insurrecton has been suppressed,
until it recently appeared in a compulsory tax
law by the insurgent government at Lawrence,
and in conhagration of dwellings and expulsion
peaceable citizens in its vicinage, after it was
known the troops were ordered to Utah, and
when it was falsely supposed that they would
not be replaced by others. Indeed, if the rev.
dictionary government of Lawrence had not
been encountered by the Immediate movement
of troops there, it is now clear that similar in.
surrec,ionary local governments, based on my
presumed acquescence, would have been or
ganzed throughout Kansas in open defiance
OF the laws of Congress and of this Territory,
and rendered peaceful settlement impossible.
Ii will be remembered, that in open defiance
OF the laws of Congress and of this Territory,
and after the refusal of the so-called Topeka
State Legislature to grant them q charter, they
nevertheless organized a city Government,