Squatter sovereign., 1857-09-26

led TO vote at any general election hereaE- |
Ter to be held,in this Territory" bal no such
ciiieea snail be permitted TO Uofs anless he |
has first paid a 1yritoraat fdx.
.IsIit not clear that the two provisions
would be directly repugnanl, by the addi-
tion TO the act Of 1867, proviso and re-
not contained in the act, but in
previous Iaw.-The words of the act of
1857 are general: Every citizen." &C..
shall be entitled to vote on residence Of
six months. This language gives the right
to vote, in clear and positive terms, TO eve
cry citizen. &c., who has been a resident
for the term prescribed by law. Every
citizen" are general and comprehensive
terms, and they cannot be restricted by
other words not contained in this law. BY
the1 lth section OF the act of 1855, no pre-
vious residence is required as a quaiifica.
tion for voter, but the payment Of Ter.
ritorial tax is made prerequisite. Now,
it is clear, that II. when prescribing pre-;
vious residence of SIX months, in using the
general and comprehensive language, .Ey-
cry citizen" &C., the Legislature Of 1857,
besides that residence for the first time pre-
scribed by law, had intended in addition.
to require the previous payment of a Ter
ritorial tax, they would have said SO; and
not having said so, such words cannot be
interpolated neither by judicial nor execu-
tive construction. In fact it is not case
Of construction at all. but of using words
which the Legislature have not used, and
of snaking provisions and restrictions 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. II has occurred repeatedly
in the several States and Territories of this
Union, and as principle Of universal adop-
lion. under such laws, it is well settled.
without single exception to the rule, that
where one Stale Constitution regulating
the right of suffrage, prescribes certain
qualifications of voters, It is complete in
and of itself, and is universally regarded
as repugnant to so much of any previous
constitution, which either adds TO or sub.
tracts from such qualification. And the
same rule prevails in relation to State and
Territorial laws. This is the great Amer.
lean rule of Interpretation on this subject
amounting from long established and uni.
versal usage, TO the force Of law. -
doubt on this subject, it is removed by the
provisions of the Territorial Convention
law, passed on The day preceding that or
which was enacted the election law, and
referred TO and made the basis. of many
Of the provisions of the latter. That Con.
yention law prescribes previous residence
Of three months, and registry. as quail.
'ifca,ion for voters, but it is Just as silen
as the Territorial election law on the sub.
ject of the payment of tax, and yet nc
one has ever pretended that the payment
OF any tax constitutes a necessary qualifi.
cation for q voter for delegates to that con
yention. No such payment of a tax wa:
ever exacted, and was rarely if ever made
And such a construction as is now con.
tended for. that because there was no di
rect repeal of the tax qualifications, there,
fore it still existed. would render .iiiega
the election of nearly every member of the
Constitutional Convention. and impair the
validity of their acts. The election Law
of 1857 imposing the tax qualification wa.
general. Itapplied to,al subsequent cleo
tons, to ''every inhabitant Of this Terrific
ry and of the county or district in which h,
offers his vote," and to "all elective off
GERS" 1t was as general and comprehen
sive In its application TO every election
which could take place under any Terrific
rial law, as the Legislature could make il
} and would apply the restriction of the pre-
) payment Of a Territorial tax in voting 70
delegates to the Convention, Just as muc
as in voting for members Of the Territoria
: Legislature in October; upon this allege
!. principle, that restrictions of qualiHcatiu
in preceding laws, are not repealed by ger
eral provisions in a subsequent statute pre-
scribing for subsequent elections the quail
: fications Of voters. The Convention la
q required a three months previous residenc
a and registry as qualification of voter
bat was silent. like the election law of 1885,
Y as regards the prepayment OF any tax; an
. if such prepayment by force of precet
i ing enactments applies as quaiificatio
4 for a voter for the Territorial Legislatur
: in October, then it.would just as clearly 70
!, low, that inasmuch as the Convention a,
9 was equally silent as to the payment of
] tax, the voters for delegates to that Cor
5 ventisn, besides the three months residenc
a and registry, must nave paid :ax also.-
: But the truth is, whilst the tax remains, th
7 qualification applies no more TO the electio
!. in October, than il does to the election
S delegates to the Convention, because
a was dropped in both acts, and because W
: have no right to insert most imporal
= provision that is thus omitted by the Legi.
!. iature, and because it is settled rule
: interpreting statutes that, if the Legislator
s had inlented in either case, in prescribin
the qualifications. and allihe qualification
: of voters. 10 superadd one that was inserte
: in preceding law, they would have re
peated the restriction in the subsequer
0 statute. How easy aSas it for the Legisls
: ture, in prescribing the qualification of vo
Y fers under the Convention or election Law
!. il they intended. in addition to the qua
a ifieations named In these laws, to requir
J. the prepayment of tax, to have said s.
b and not left il to others TO interpolate WORD
!. which they had excluded. They have nj
/ said so. and that is enough. On this sui
e ject have never entertained any doub
al nd never snDnosed there cnt,id he an