The Kansas herald of freedom., 1857-09-26
To the People of Kansas.
I.EcoMproN, Z. T., Sent. 16, 1857.

Fg the people OF this Territory, OF a Dele
,,ts to the Congress of theUnited States,
18th branches of the Territorial Legisla-
,a,e and various county officers. As the
Governor of Kansas, numerous and urgent
..ns have been made upon me by various
rrblic meetings and committees, by some
! afthe judges of elections. and also by
n,nv citizens, to communicate my views
n relation to the qualifications of voters
>. that election, as also in regard to the
legislative apportionment, and the es-
,ablishment of voting precincts.
As to the apportionment, the Territorial
election law of the 20th of February 1857,
,sauires it to be made upon the census
,,oyided to be taken under theTerritorial
Convention act of the 10Th of February,
1871 The returns were made under that
census. and the apportionment for that
Convention fixed by the acting Governor,
I,pc before my arrival in this Territory;
and Of course, over that matter / have no
coptlol whatever. Whilst it was cause
If deep regret to him, as well as to my
elf that the census and registry were so
i,complete in many counties, and that in
fftecn counties organized as election dis
riets under that law, and entitled to vote
sr delegates to the Convention, there
was neither census nor registry and there
ore. that they could not participate in
.y manner in the choice of delegates on
hat most important occasion, yet no power
m remedy the evil was veSted by law,
si;he, in him or me. The only remedy
psts with the Convention itself, by sub
hitting, if they deem best, the Constitu-
ton for ratification or rejection to the vote
! efthe people, under such just and reason
abIe qualifications as they may prescribe.
/ That they would pursue this course have
never doubted, and although | have no
! ight whatever to interfere in that ques-
tien, yet when my individual opinion was
/ a.ked on this subject by members of that
Convention and others, l have always indi
ested previous residence of three or six
months prior to vote upon the adoption of
the Constitution, as Just and reasonable,
sperfod of three months being prescribed
by the Convention law itself as the prior
residence required in voting for delegates
to the Convention, and six months being
designated by the Territorial election law
IS the previous residence required in vot-
ing for members of the Territorial Legis-
lature. Either Of these qualifications, in
nv opinion, would have embraced the
great body of the bona .tide settlers who
might he here this faH, inasmuch as the
Convention would probably not terminate
their labors and submit the Constitution
until some time in November, and mas
much as three or six months would prob
ably be granted by them as an interval
between the date of submission and the
vote upon the Constitution. repeat.
however, the opinion always heretofore
expressed by me, that this is a matter
which belongs exclusively to theConyen-
ton, over which have no power, except,
inthe language of the Kansas-Nebraska
sct,to "take care that the laws be faithfully
executed, !" including that organicact itself,
and left at liberty as citizen to take such
acourse as, in my judgment, would be
most consenant with the principles OF
Justice, of the Kansas ebraska bill, and
Of the Constitution Of the United States,
in any contingency.
The apportionment of members of both
branches of the Legislature, is based, as
have stated, on the census taken under
the Convention Act of the 18th of Feb
ruary, 1857. Ny power to make the ap-
portionment expired on the 31st of May
last, leaving bufthree days, exclusive ol
Sunday, to perform that act, after my ar
rival in this Territory. The Territorial
laws of 1857 had never been printed
They were then in the course of publica-
ton at St. Louis, Missouri, and no copy
reached here until the middle of June,
long after my power over the subject had
expired. The existence of this appertion-
ment law was wholly unknown to the
Secretary of State, to the Probate. j udge
Of this county, or to any other person
within my knowledge. and the printed
copies, as | have stated, did not reach
here until the middle of June. of course
1t was impossible for me to perform the
putty prescribed in that act, and, to guard
against the contingency ofthose laws not
reaching here before the first of June, the
dusy from and after that date, was devoly-
ed by law upon the Speaker of the House
and President of the Council. That duty
vas performed by the officers designated
bylaw, and, have no doubt, in good faith
although | was never consulted by then
on the subject. The law prohibited
them from apportioning members t.
Counties not embraced IN the census un
der the Convention law, and / know it t,
Be matter of complaint by both parties
that the districts are arranged so as to de
ieat their respective candidates. Tha
the districts were arranged by these gen
teemen, as charged by their opponents
With view to bring voters from the Stat
q Missouri into the adjacent counties o
Kansas to control the election, ] have tn
aest solemn assurance from the mos
authentic sources of intelligence IN tha
State, IS wholly unfounded in fact. Tha
me census or registry was not made L
Hteen counties of Kansas, is owing to tn
Neglect of the local officers of those eoun
ues to perform their duties, many Q
whom have excused themselves, on tn
allegation that no means were provides
aad no public money applicable to tn
Expenses of taking the census and max
',s the registry, and that they were un
aese or unwilling to make the neeessar
advances themselves. However this ma
have ever regarded. it as a depiorabl
circumstance, that these counties coul
not Participate in the election of delegate
% The Convention, but I feel eonfdel
sast no such result was anticipated by th
Territorial Legislature.
Although none of those fifteen countie
souid vote for delegate to the ConveI
sonNthe remedy for which lies wit
'le Convention itsel0-and although n
members have been or could be appol
aoned them for the Territorial Legisls
ae, yet the Speaker of the House an
.ae President of the Council, in conform
as With the duty prescribed by law, hay
acned them TO other Legislative dis
sscts, so that they eaIi vote for 1Tlefy,lle