Squatter sovereign. [volume] (Atchison, Kan. Terr.) 1855-1858, 1857-02-17
Judiciary Report.

Below we give the report of the Judici-
airy Committee by our friend o. H. Browne
of Douglas county.
II is very eaust;c and conclusive de-
fence Of the statute on $. oaiIls" of officers
and others. The report needs no com
mendation. it speaks for itself. We hope
however, the Legislature will take from
The bill for convention, the clause which
extends the provisions OF the election law
OF the Territory TO voters for the election
of delegates as we have heretofore moreat
length explained.
REPORT OF COMMITTEE ON JUDICIA-
RY.
Mn. SPEAKER:-
The Committee on the Judiciary and
Criminal Jurisprudence, 10 whom was re-
ferred Council bill, No. 81, entitled :. An
Act to repeal all laws requiring oaths, not
authorized by the Organic Law" have had
the same under serious consideration, and
beg leave TO report:
The ambiguity of the bill renders it a
nudity. 1t is in the following werds:-
= That all laws requiring the administra-
ton or taking any oath by any civil or mil
itary officer, voter, or other person. other
and further than is required by The Consti-
tuition of The United States. and the &C, oil
Congress organizing the Territories OF
Kansas and Nebraska, be and tie same
are hereby repealed
All repeating laws should designate the
acts repealed by the title, OF such other dis
tingaishing characteristics as may preclude
the possibility of doubt as to the inten.
ton Of the Legislature. The Bill is only
an amplifieation of its title. equally indefi-
mite and uncertain. Should II become a
law, the existence of any such acts as these
sought TO be repealed, would still be u
question for adjudi. a:ion. The Committee
However, will not affect TO misunderstood
the Council. but they are unanimously of
the opinion that the oaths prescribed ia the
eleventh section of an act to regulate
elections" and the first section of 8. an act
to regulate elections" and the first Sec
ton Of ian act regulating oa,l.s, and
prescribing the forms of oaths of Of
fice,'' are not merely authorized. but " re-
CURED by the organic law of this Terri
Tory. The elector and the officer are re-
quired, by TIE Kansas statutes, to take an
oath ,hut they will sustain and supper, the
fusitlvc-sIave laws of 1898 and 1850.
Tie twenty-third section Of the act or
ganizing tie Territory of Kansas, pro-
yides: :. That the right Of suffrage and
CT holding office, shall be exercised only
by citizens Of the United States, and those
wl.o have declared on oath their intention
TO become such, and shall have taken an
oath tic support the Constitution Of the Uni
ted States. and the provisions OF this act. :"
What are the provisions of this act I?
the twenty-eighth section declares that
the fugiiive-siaye laws of 1898 aud 1850,
shall extend to. and be in full force in this
Territory. Then is not an oath losupport
the organic, equivalent 10 an oath 10 sup.
port the fugiti, e-slave laws?
"Syhat mighty difference can there beg"
The committee deem it impossible to es-
cape the force OF the argument in favor Of
existing ties. oaths as applied to foreigners.
And shall the Legislative Assembly of
Kansas require loyal foreigners to tako All
oath not required Of native traitorss
The committee have unanimously in
s,ructed the undersigned to recommend the
rejection of the bill.
Respectfully submitted, &C..
o. H. BROWNE,
On the 9Th instant, the report was agr ed