The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1857-10-08

iToIH tIlc proper autnOTltleS, ana no one mas
any right to interpolate restrictions con-
tanned in preceding enactments. 1t is a
we'll settled principle Of law, as well as Of
common-sense, that any subsequent statute
proceeds to regulate an entire subject in
general and comprehensive language, as it
is of full force and effect in and Of itself,
and restriction or addition can be made to
its provisions by reference to any proceed
ing enactmcnts. In such case there can
neither be addition nor subtracrons, and
the number Of qualified voters can neither
be augmented, by adding to them those
who were permitted to vote by preceding
laws, nor be lessened by substracling those
who were restricted from the right Of suf-
fragc by previous enactmcnts. Tho words
'every citizen" &c, and "no other" shall
vote, include all who are described in the
act, and excluded all others. Besides, the
right Of suffrage is the most sacred known
to tho American people. 1t is the basis
upon which repose all their institutions
1t is right highly favored in our law, and,
in all such cases, to deprive any one of this
right, the words must be clear and unam-
biguous.
But i'll this case there is no ambiguity,
and independent oftlc fact that this act, as
regar Is elections and qualifications Of voter
is an act complete in itself, and prescribing
all the provisions applicable to this subject,
and Interpretation by which a restriction as
regards the right of voting, contained in a
preceding law, should be superadded to
those required in this act, would create a
direc; and positive repugnance to its clear
and explicit language, and therefore, would
be most clearly repealed by virtue of the
universal principle of jurisdiction, that, when
two statutes contain provisions which are
repugnant, repelant, or contradictory, eli
ther by way Of addition or subtraction, the
last statute must prevail.
Now let us see if there would not bo a
direct repugnancy i'll this case, unless the
construction contended for those who as
scrt that, although the payment of terri
torial tax is not among the qualifications of
voters under the act of 1857, yet that it is
qualification under the act of 1855, and
therefore still in force. Let us place them
in opposite columns:
ACT OF 1857 Pro. The ACT of 1851.
vIDEs: as now construed.
"Evcry bona .fdeI would read as fol-
inhabitant of the Ter. lows: "Every bona
rtory OF Kansas, be- fde inhabitant of the
ing citizen of the Territory of Kansas,
United States, over being citizen of the
the age of 2l years, United States, over
and who shall have the age of 2l wears.
resided 6 months in and who shall have
said Territory before resided months in
the next general elec- said Territory before
ton for members Of the next general
Council and House Of election for members
Representatives,, and of the Council and
no other persons House of Representa-
whatsoever, shall be tives, and no other
entitled to vote at any person whatsoever,
general election here shall be entitled to
after to be held in vote Mt any general
this Territory" election hereafter to
lie held in this Terri
tory" but no such cit.
izen shall be permit
ted to rote uniess lie
has at first paid q
territorial tar.
1t is not clear that the two provisions
would be directly repugnant, by the addi-
ton to the act Of 1857 of proviso and
restriction and contained in that act, but
in previous law. The rds of the act
Of 1857 are general: "Every citizen"
de-, shall be entitled to vote on a resi-
dence of six months. This language gives
the right to vote, in clear and positive
terms, to every citizen, &c, who has been
resident for the term prescribed by law.
" Eveyy citizen" are general and compre-
hensive terms, and they cannot DO rcstrac-
ted by other words not contained in this
law. by the 1lth section of the act of
1855, no previous residence is required as
qualification for voter, but the payment
of Territorial tax is made prerequisite.
Now, it is clear, that II, when prescribing
a previous residence of six months, in US
ing the general and comprehensive Ian
guage. "Every citizen" de-, the Lcgisla-
ture Of 1857, beside that residence for the
first time prescribed by law, had intended
in addition, TO require tho previous pay
ment Of a territorial tax, they would have
said SO; and not having said so, such
words can be interpolated neither by judi
cial nor executive construction. In fact it
is not a case of construction at all, but of
using words which the Legislature has not
used, and Of making provisos and restric-
tions for them, which they have not made,
and Of excluding voters from the polls,
whom they have not excluded. Besides.
this is no new question. 1t has occurred
in the several States and Terri
tories Of this Union, and, As principle of
univaysal adontion I,ndey such l..v. :. :.