The Kansas herald of freedom., 1857-09-19

OC.lO
ed upon Reason and Justice. The laorn.
ed Judges opinion above set forth en,.
braces neither! If his rule in reoard !,
reconclllnS both old and new statutes i
correct, he is evidently in error in decid
ing that "the existing law requires an ac
tuai residence of sir naontlts,n for it vii
be seen that according to that rule, the nro
visions of the Census Act actually gover,
the subsequent elections Section 5. las
above quoted. after prescribing as tn
qualification for voters six months resi-
denee "before the NEXT general election,
(viz: the first Monday of October, 1857,
contains this proviso:-
"Providea, however, that nothing in ths
| -Act contained shall be considered to ap
ply to, or affect an any manner, the provi
sions of an act entitled AN Act to pro
vide for taking the census and election 70
delegates to a conventionn
So that all Of Section 5 schieh preceae
the p1oviSO, IS null and Uoid, and we mus
search the Census and Convention Act
approved Feb. 10Th, 1857 to ascertain The
qualifications of voters under the law es
tablishing Council and Representative
Districts, approved Feb. 20, 1871
The Census Law, it will be seen, con-
tains two conflicting sections, and IL
copied above. The former contemplated
permitting none to vote, whose names
were not registered; the latter permitted
citizens to vote who had resided in the
Territory since three months before tie third
Monday Of June, 1857, viz: those who
were here before the 16M of March last. In
other words, according to Judge Cato's
rule, no one aUiH be entitled to Uote at anu
time hereafter, unless he was entitled to
vote for members of the Constitutional
Convention ?
The law rule is well settled and uni
yersally acknowledged by Jurists, that
where an Act is conflicting in its several
sections, or VIII, Deed or Contract, con-
tains provisions antagonistic to each other,
or different in their operations, the s,tbse-
quent section or portion, governs and con-
trolls the preceding. In accordance with
that rule, the County Tribunal of Shaw
nee County, of which you, as the Acting
Probate Judge are er o6icio President,
when issuing notices for the election last
June, decided and published to invite
voters generally to come to the polls, that
registry of voters was unnecessary; and
as to the payment OF taxes, I am conf
dent that Sheriff's receipt was not re-
quired in single county as an evidence
of qualification for voting at that election.
The census Act specifically prescribed the
qualifications of voters, and is silent upon
the subject of taxation. 1t effects radi-
cal change in the old election Law of
1S55,-does not specify Indians who
have adopted the customs of the white
man." and is silent in regard to test oaths.
If the proyiso of Section 5 counteracts
and annuls the preceding portion, by
substituting the provisions of the census
law as above set forth, then Judge Cato's
opinion is erroneous according to his own
rule: 1st as to the term of residence; I'd
as to the paymentof taxes.
But again, numberless legal authorities,
and decisions of competent tribunals, will
sustain me in the assertion, that, where
several Acts of Legislation upon sub
ject are contradictory, conflicting or repel-
liant in their character, and new law is
passed consolidating enough of former
Acts to afford, Of Itself, rule of conduct,
or furnishing sufficient guidance upon a
subject, all previous Acts and provisions
are thereby suspended, and become null and
Uoid ,Oitltout express repeal.
Another rule equally authentic is, that
all public lars must be construed kber-
ally for the greatest good Of the greatest
number
/ am, therefore, convinced that section
5, of the Act establishing County and
Representative Districts, approved Feb.
20, 1857, is the only existing Territorial
law prescribing the qualifications of voters;
and that Act must be construed according
to reason and common sense, for literal
construction of it would .forever prohibit
ali persons from voting at any general
election who did not happen to reside in
Kansas six months previous to the first
Monday of Oct. 1857. The proviso to If,
with a common sense rendering, would
simply mean that the census law should
be in force only for the purpose of elect
ing delegates to the Constitutional Con-
vention.
1t is evident now, that the mass of the
people of the Territory-no doubt four
fifths of them-expect and intend to vote
at the approaching election, and they rely
upon the common sense meaning of the
above mentioned section 5, as the only laao
in force prescribing the qualifications of
voters. With that section, as it stands, /
believe every good citizen is satisfied.
Fair play, and the general peace and
prosperity of the Territory, demand unity
Of action and cordial aequiescence of men
of all parties. in the provisions of that
section, regardless of musty rules of law,
legal quibbles, or political chieanery. But
it is apparent that throughout the Terri
tory there are partisans who desire to see
Judge Cato's view of the law generally
adopted and acted upon, as the rule to
decide who may be elected. Should a
fe1 persons in the County see fit t0pay a
poll tar Of fifty cents eacit, and vote for me
for Probate Judge, and five times as many
bona fide inhabitants of six months resi-
dence refuse to pay the tax and yet IN
sist upon voting for some one else, the
election might be contested before Judge
Cato and icoatI certainly get the ctJce, ac-
cording to law. But it would be an emp
ty and barren honer.-unsatisfactofy to
the mass of my fellow citizens,-and place
me in most awkward and unpleasant
position. An officer holding by such
a tenure, would command neither public
respect nor influence In the public mind
his Office would be nullity. Experience
has already demonstrated the fallacy OF
officers attempting TO exercise official
functions, unless they derive their pow
ers though the free Will and independent
action of a majority Of the people The
good old democratic rule is, that major
tiles must govern and minorities submit
Upon that principle sur government Is
based, and the people viii adhere to and
defend ii. Very Respectfully
Your Serv't,
EDWARD HO0GLAND.
Who ths Indians" are.
Authentic accounts received at Wash.
ington show that the robbery of erIaisra.l
trains on the overland renfe to Californi.