The Kansas herald of freedom., 1857-09-19
Mr. HOogland,s Deelinaion.
TEcuMsEH, Z. T., Sept. 4th, 185;


nominations made by the convention he'll
at Wakarusa City, Shawnee County, Oh
Saturday last, have been communicates
to me. To the gentlemen who composed
the convention l tender my thanks fol
their manifestation of kindness and conf.
dence. But for reasons which l hope viii
be satisfactory to all, do not deem it ex.
pedient or proper for me, under present
circumstances, to become candidate fol
Probate Judge of Shawnee County.
1st. I do not desire the office, nor did j
seek the nomination. The aetign of the
convention was unexpected. Owing to
the unsettled condition of public affairs
in the TeTitory-political, legal and So
cial-I have temporarily withdrawn my
attention from my profession and engaged
in other pursuits which occupy the whole
of my time.
I'd. The convention selected as candi-
dates for the Council and House of Repre-
sentatives, Probate Judge, Sheriff and
Treasurer; citizens of Teeumseh. One
candidate for County Commissioner resides
five miles south of Tecumseh and the
other one twelve miles south. The nom
ination of SO many candidates from one
locality-our own village-will be likely
to prove unsatisfactory to the mass of vo-
tiers, who will dodbtless think that other
parts of the county should share tie hon
Ors, even though there be no profits. Jeal-
ousy and dissatisfaction towards Tecumseh,
as monopolizer, may be the result. The
counties of Shawnee, Richardson, Davis,
Wise and Breckenridge constitute the
seventh council district. The apportion-
ment awards two councilmen to Shawnee
and eighteen other counties. These will
probably desire to unite with Shawnee in
completing the district nominations.
39. In view of the late xtra-iudfcial
decision of his honor Judge Cato, the q.
S. district Judge for. this, the second, dis
trict, in regard to who viii be entitled to
vote at the approaching general election,
it seems to me that an acceptance of the
above nomination would be both unjust
and improper on my part.
The act of 1855, establishing probate
courts; provides that the present probate
judges shall hold their offices until the
general election of 1857, stand until their
successors are duly elected and Qualified
-ch. A, p 227, II.
The old election law Claws 1855, p. 3335,
j29) says: "When the election of anv
Judge of any Probate Court shall be con-
tested, it shall be tried before the District
Judge of. the District in which said cleo
tiop was held
Judge Cato, in his letter to o. Ell. Brown,
ESD, and Others, dated Aug. 4, says:
/" am clearly of opinion that the Leg
islatnre-intended to .superada ta the other.
qualifications prescribed by the then ex-
isting law, that of being a bona ttle in
habitant; Whg shall have resided in the
Territory SIC nqntts Jstfre the next gene
raj election There is no clause in the
act of The last Legislature expressly repeal
ing the election law, ds it stood before the
passage of the act; and the rule which
governs in cases of repeal by implication
is to examine the provisions of both the
old and the new statutes; and if their be
no inconsistency in their provisions; if
they are all reconcilable with each other,
and can have their full operation, there is
no repeal of the former by the latter.
"The only inconsistency observable be-
tween the election. law as it stood up to
the passage of the fifth section, and the
existing law, is this: the Law as it stood
required simply an i'aLabdtancy, and the
existing law requires an actual residence of
six months. | am satisfied that the last
legislature intended to make no further
change, leaving the payment of Terri
t0rial tax still as an indispensable prere-
quisite to the right to vote at the next.
general election. -
"I agree with you in the opinion that
the fifth section of the act of the last le-
gislature is void, so far as it confines the
right to vote to citizens of the United
States only, who possess the other qualif-
cations prescribed; because the organic
act contains an express prohibition of the
passage of any law which would deprive
persons of the right to vote who have de-
clared on oath their intention to become
citizens, and have taken an oath to sup
port the Constitution of the United States
ana the organic act
His honor frankly acknowledges that
his opinion on atquestion, as presented,
Is simply an opinion, however, entitled
to no more weight than that of any other
citizen" But it is evident that the Judge
is strict constructionist, and having
formed and expressed, extra -judicially, an
ee-parte opinion upon the vital point that
comes in issue at the approaching election,
/ regard that opinion as important con-
cerning the election of Probate Judges.
Let US look at all the laws bearing upon
the subject of voting, and see whetherthe
Judge is correct in his conclusion:
REVENUE LAWS, 1855-Ch. 138, p. CSC.
SEC. l. ''That the Sheriff of each and
every county shall. on or before the first
Monday of October, A. d. 1855, collect
the sum of one dollar, as poll tax, from
each person in the said Territory of Kan
sas, who is or may be entitled to vote in
said Territory"
The authority to collect taxes ceased
on the first Monday of October, 1856
During that day it was acted upon at some
of the polls in the Territory, but not at all
of them. The SAeriff's returns to the
Auditor, and the number of votes re-
turned as cast for Gen. Whitfield on that
day, do not correspond. But who were
the persons then entitled to vote in the
said Territory?
Oh. 137, p. 658, Sec 5, declares: "The
annual tax upon the subjects mentioned
in this act shall be at the following ratio:
First, on free male persons over twenty
one or under ffty-fve years of age, fifty
cents.''
ORGANIC AcT, Oh KANsAs-NEBRAsKA
BILL.-SEc. %. That every free white
male inhabitant above the age of t@en.
ty-one years, who shall be an ACTUAL
RESIDENT of said Territory, and shall pos
sess the qualifications hereinafter de-
scribed, shall be entitled to vote at the
first election, and shall be eligible to any
Office within the said Territory; but the
qualification of voters, and of holding OF
| fee at all subsequent elections shall De
such as shall be prescribed by thel4essisia-
tive Assembly: PyOUsded, that the FlShf
! of fsrar-a apd of holdino office shall be