The Kanzas news., 1857-10-03
Vol. 1---NO. II.

passed on the day preceding that on which
was enacted the election law, and referred to
and made the basis of many of the provis-
ions of the latter. That Convention law
prescribes previous residence of three
months and registry, as qualification for
voters, but is Just as silent as the Territorial
election law on the subject of the payment
of lax, and yet no one has ever pretended
that the payment of any tax constitutes a
necessary qualification for a voter for dele
gates to that convention. No such payment
of a tax was ever exacted, and was rarely if
ever made. And such a construction as is
new commended for, that because there was
no direct repeal of the tax qualification,
therefore If sill existed, would render Illegal
the election of nearly every member of the
Constitutional Convention, and impair the
validity of all their acts. The election law
of 1887 imposing the tax qualification was
general 1t applied to all subsequent cleo
tions, to f'every iaka6itant of this Territory
and of the county or district in which he
offers to Uote," and to ''alI elecfiBe officers
1t was as general and comprehensive in Its
application 10 eUery election which could take
place under any Territorial law, rs the Leg
islaiure could make it, and would apply the
restriction of the prepayment of Terrific
rial tax in voting for delegates to the Con-
vention, just as much as>in voting for mem
bers of the Territorial Legislature in Octo-
Der; upon this alleged principle, that restric-
tons of qualification in preceding laws are
not repealed by general provisions in sub
sequent statute prescribing for subsequent
elections the qualifications of voters. The
Convention law required a three months
previous residence and registry as qualif-
cation of voters, but was silent, like the
election law of 1857, as regards the pre-
payment of any tax and if such pre-
payment by force of preceding enactments
applies as qualification for a voter for the
Territorial Legislature in October, then it
would just as clearly follow that, inasmuch
as the Convention act was equally silent as
to the payment of tax, the voters for dele
gates to that Convention, besides the three
months residence and registry, must
have paid tax also. But the truth is,
whilst the tax remains, the qualification ap-
plies no more to the election in October,
than it does to the election of the delegates
to the Convention, because it was dropped
in both acts, and because we have no right
to insert a most important provision that is
thus omitted by the Legislature, and be-
cause it is a settled rule in Interpreting stat
utes that, if the Legislature had intended in
either case, in prescribing The qualifications,
and all the qualifications of voters, to super
add one that was inserted in preceding
law, they would have repeated the restriction
in the subsequent statute. How easy was
it for the Legislature, in prescribing the
qualification of voters under the Convention
or election law, if they intended, in addition
to the qualifications named III these laws, 10
require the pre- payment of a tax, to have
said so, and not left it TO others to interpo-
late words which they had excluded. They
have not said so, and that is enough. On
this subject l have never entertained any
doubt, and never supposed there could be
any question. And l might have declined
the expression of any opinion on either of
these points, but for the certain knowledge
of the fact, communicated to me from almost
every quarter of the Territory, and from all
parties, that these conflicting constructions
of the law, if not settled, will certainly pro-
duce collision at the polls, and, most proba
bly,, disastrous civil war and revolution.
I claim no authority to instruct. the judges
of election, by virtue of my official power,
how they shall decide, but give my opin-
ion, as others have given theirs, and with
the same sincerity, in the hope that 1t may
tend somewhat to prevent the disasters with
which we are threatened, growing out of
these conflicting opinions, and that it may
render unnecessary a resort to the military
force, subject to my orders, to preserve the
peace of the Territory. That military force
which is now already here, or daily arriving,
is amply sufficient TO preserve the peace of
Kanzas but it is my sincere hope, that the
mere presence of this force, competent as it
is to suppress insurrection or rebellion and
maintain the authority of the law, viii rem
der any collision unnecessary.
On the 18th of August last communi-
Gated to the President, through the Secreta-
ry of State, my views on this subject, to-
geLher with copies of the several Territorial
laws, and asked the aid of the President and
his Cabinet to sustain me, by the moral
force of their opinion, In preventing a col
lision and civil war in this Territory, by
stating if such should be the fact, their
concurrence with me in these views. In
reply to this communication, in a dispatch
from the Secretary of State to me, under
date of the Cd of September, 1857, after re-
marking most justly, as always contend
ed, that could issue no authoritative man
date to the judges of election on this sub
ject, or control their decision, he says:
"The Territory of Kanzas is in peculiar con-
dition- By your statement, and possessing, as you
do, the best means of information, your views, IN
the opinion of the President, entitled to great
weight-t is in a state Of ineipient rebellion with
organized military force, prepared to resist the
authority of the United States.
at may, therefore, become necessary to use the
troops placed at your disposal, not only to aid
posse eofnitatns in executing the laws, but also to
suppress an insmrection. Surely under these cir
cumstances, if the expression of opinion In ad-
vance of his action, and it may be instead of it,
direct effort In preventing civil war in Kanzas,
he cannot be justly censured for attempting, by
such expression of opinion, to avert the ealam-
itous result.
''The danger you anticipate arises, as you OBJ