New-York daily tribune., 1857-09-26
4 SECOND DANIEL CONE TO JUDGMENT

- BkVONO OANALL COuE ~ JOIV"INi' =
spss~ Consspos<sncs dThs N Y. Tribune.
LAWRENCE, X. T., Sept. Il, 1857.
In<ntioDed, few days ago, that the very cru
.xte and patriotic Attorney General bad taken the
hssps electen- -iaw under his judicial wing, and
1cnenstrated that the tax qualification, and other
,se.requisises for voting, were not repealed. Let
Ne subjoin few extracts from the profound CORE
sDsbdence in which much legal knowledge WAS
embodied. The following letter from the elegant
SAeIff Butcher and other Border Ruffians Of that
II called it out:
"DouoLAs Co., X. T., Aug. 20, 1867.
"Mr ws. wrrA, eco, District Attorneys.
" DLAR S1R: Various opinions exist IN the minds OF
The sizels Of Kansas in regard TO the repeal OF the
bar qualification for voters a. the October election.
We the underigned as well as many others, respect
suSject, With such authorities as you may think
Psper and by complying with the above request you
wii confer greet favor.
"w %snis s'i4 Taos 3. SYKES H. BUTCHER WV BAxsrs,
D. O. REID, b y. NEwsoS."
The Attorney. General lays down the law after
he most orthodox pattern, Of which this is sample:
"Nov, TO ascertain if the Legislature intended by
s later act 10 repeal the former one we must exam
ne the act itself ty the aid OF the rules Of cOnsruc-
Hos adopted by the Courts and by sonsidersi % Of
acts IA pari niateria, or upon similar mattel Er
win Vs. Moore ID Geo. 3n-State VS.. Gsrthwate,
Zsbs. l43-Riddick vs. Walsh, Is Mis- 5l9."
The force of the above upon Butcher and his tai
ented associates, may be imagined. think it ID
possible that some Of them can read English, al
though have no ides that they arc addicted to any
Meh Jdaaticat habit.
The Attorney who doubtless thought il a fine op.
poYtpnity to advertise his eminent legal atanments,
makes his readers wade through precious two col
INNS Of such stuff, as published in Walkers e.
compton organ. He then deduces as follows: >,
IL have thus presented to You well grounded rules
Of construction 10 be applied TO these apparently con-
6ctpg statutes Authorities are cited to sustain them,
10 e extent Of being obnoxious TO the charge of os'
testatos, for these rules are household words TO
the legal profession. When applied to the matter
before us and it is only by the ngid application OF
these standards, fixed by the highest tbnass Of the
ssunt5y, that we establish the true meaning of
NV, not TO every ones satisfaction, at least to
every ones obligation to obey)-i say, when applied,
they sustain the view that the tax qualification s not
yepealed.'
Bot he does not content himself by merely stating
Il he makes an argument for il, and not only for the
property tax, but for the poll tax. He says:
"Ths revenue law requires the payment Of poll
tAz Of 50 eants. Hundreds Of persons are liable TO
this tay who have no property to make 1t out OF.
How is this to be collected except by making its pay
ment the necessary preliminary TO votingi Who will
preferd that the Legislature, conscious as II was OF
1spleted treasury intended to deprive the Government
Of the power and means OF enforcing the collection of
% valuable branch Of its revenue"
The learned Attorney is not only erudite and argu-
nentative but indifferent" Hear him:
~ an aware, gentlemen, that 20 those who enter
tain these views, viii be imputed design to deprive
certain persoDs Of the r ht of voting. To this charge
an perfectly Indifferent, shielded by conscious nno-
cence But one thirg am free to admit that is de-
sire to see The procurement by any legal means Of
revenue for this Territory. Our condition is deplore
HE. The arm Of the Government is powerless TO pro-
Vet p,operty-io prevent or punish crime. We have
~ jals, court houses, no roads, no bridges no
means Of paying officers 10 serve writs, or ailors for
hssphg criminals"
But Ae sludes 10 another tile fact, namely, that
We Sheriff must attend at the polls:
"Again section - of the first election law requires
the Sheriff 70 attend the polls and collect taxes THIS
risassre Of course intended th.i he should continue
u attend the polls. Why require him to attend polls
aaa collect taxes unless they meant the paymeat of
sush tsIes the necessary qualification Of voter
They did no: simply mean the polls as the place OF COL
ectDg taxes. because they would conhne tax paying
10 yoere and besides in the revenue law they author
ked The Sheriff TO visit places Of abode to collect. On
The contrary his attendance at the polls s required as
Q means Of enabling every TO vote, that none may
iose tbe franchise by the failure Of the Sheriff to have
previously collected the taxes"
TIE .ee<ssiiy Of tie Sheriff being at the polls, 60
~ 10 ENABLE every one to vote, is refreshing
He alludes 70 other points in closing his argu.
nent:
sons who have violated the Fugitive Slave Law and
soldiers in the regular army Now, ii the so-called
Repeating Act Of 1857 abOlshes every quai6c stion
NeIetofae required, and makes qualification but a
s1 Dorths residence then felone pests from re pen
tsnfNy convicted Of perjury and other infamous
crimes, may vote soldiers Of the army stationed at
Ne forss, may control your elections. Does any can
I'D mind believe the Legislature intended this STATE Of
tAssi Yet if the act referred to is to be understood
q repeal by implication, it repess not only the tax
qualification, but every other not expressly nsmed
n iN body. So monstrous a result the Legislature
certainly never intended"
TAs whole matter being thus rendered clear 70
begss comprehension, the great hwgyer concludes
As dsfisiss by the usual winding up Of Border
RsHsAn proclamatioas and documents-an appeal 70
- Supreme Being. Let US humbly thapk Proyi-
dcsee and the President for having youchsafed us a
prosecuting Attorney.
ITEMS OF NEWS.