The Washington union., 1857-09-29

urecncts then the election can only be held at the
seat Of justice provided by law for each county. II
has been suggested that this power given TO me under
the convention law OF the 18th Of June 1857 TO esao-
sh precincts 1t is true that very large and eomprehen
sive powers given to the governor OF the Territory by
that law TO which shall have occasion hereafter 70 re-
fer and which seemed TO have escaped public attention
but those powers especially confined to my action un-
der that law and confer authority In this respect IN
regard to the October election With me this u matter
of most sincere regret, inasmuch as ~ nov" ana al.
y,ays has been my most anxious desire to full and
fair election held in October next aud TO contribute to
the extent of all the authority deyolyed upon me ~ law
BY the act of Congress- however OF the sota Oh arch
1854 organizing this Territory, and which Is still in
force In that respect on This subject it is declared in
the 53d section that the person having the greatest
number of votes shall be declared by the governor 10
be duly elected and certificate thereof shall be given
accordingly As regards the territorial legislature,
the certificate Is to be given by the secretary Of State who
Is to count the votes In the presence of the governor and
in relation to the local officers this duty in of con-
test, is devolved upon the courts.
In view of my duties in connexion with this law, my
attention has been called to the qualification of voters
under the law But here the prior duty is devoyed
upon the judges Of election and might not have felt
called upon to give any opinion upon the subject but for
circumstances OF most grave and serious character, to
which shall now refer. The Territory Is threatened
with violent seizure OF the polls at the October election
leading, necessarily to collision and civil war This
would be most disastrous circumstance, requiring i'm
peratvely the employment of the troops under my con-
troll to avert dsgcefu alike to this Territory and
to country and which every good citizen could not
but depore II, then under these circumstances, the
expression of my opinions could prevent in May and
juno last the occurrence OF such catastrophe regard
it solemn duty to make that expression, rather than
resort to the employment of force to be followed by
of anarchy and bloodshed.
The two questions presented for my consideration
First Can those who We're qualified under the organic
act to vote at the first election in this Territory vote also
in October next independent of any restrictions imposed
by any act of the Territorial legislatures
The 22d and 23d sections of the organic law relating
to this subject are In the following words
Sec %. Andbe further enacted, That the legislative
power and authority of said Territory shall be vested in
the governor and legislative assembly. The Legislative
assembly shall consist of council and house of representa-
tives The council shall consist of thirteen members,
having the qualification of voters hereinafter pre-
scrbed whose term of service shall continue two years
The house of representatives shall at its first session. con-
sst of twenty six members possessing the qualca
ons prescribed for members of the council and whose
term Of service shall continue year. The number of
representatives may be increased by the legislative
semby from time to time in proportion to the increase
of qualified voters Propided That the whole number
shall never exceed thirty nine An apporonment shall
be made nearly equal practicable among the
era counties DISTRICTS for the election of the council
and representatives giving each section of the Territory
representation in the ratio of its qualified voters
ly may be and the members of the council and house
of representatives shall reside in and be inhabitants of
the district county countless for which they may
be elected respectively. Previous to the election the
governor shall numeration of the in
habants and qualified voters of the several counties and
districts in the Territory to be taken by such persons and
in such mode the governor shall designate and ap
point and the person appointed shall receive
able compensation therefor And the first election shall
be held at such time and places and be conducted in
such manner, both to the persons who shall supern
tend such election and the returns thereof the governor
shall appoint and direct and he shall at the same time
declare the numbers Of the council and house of repre-
senaves to which each of the counties districts shall
be entitled under this act The persons having the high
est number of legal votes in each Of said council districts
for members of the council shall be declared by the gov
to be duly elected to the council and the persons
having the highest number of legal votes for the house
of representatives shall be declared by the governor be
duly elected members of said house: Propded, That
in two persons voted for shall have
equal number of votes and in vacancy shall other
wise in either branch of the legislative assembly,
the governor shall order new election and the person
thus elected to the legislative assembly shall meet at
such place and such day the governor shall appoint
but thereafter the time, place. and of holding
and conducting all elections by the people, and appotion
ing the representation in the several counties districts
to the council and house of representatives according to
the number of qualified voters shall be prescribed by
law well as the day of tho of the reg
ular sessions of the legislative assembly Propided That
session in any year shall exceed the term of for
ty days. except the first session, which may continue
sixty days
SEC. %. And be II further enacted That every free
white male inhabitant abeve the age of twenty-one
years, who shall be actual resident of said Ter
rtory, and shall possess the qualifications hereinaf-
after described shall be entitled to vote at the first eec
ton and shall be eligible to any Office within the said
Territory but the qualification of voters and of holding
office at all subsequent elections shall be such shall
be prescribed by the legislative assembly Provided That
the right of suffrage and of holding Office shall be
csed only by citizens of the United States and those who
have declared on oath their intention to become Buch
and shall have taken oath to support the constitution
of the United States and the provisions of this And
providd further, That officer soldier seaman or
rne other person in the army navy of the United
States shall be allowed to vote hold Office in said Ter
rtory by of being on service therein.
1t will be perceived that the act of Congress is clear
and explicit this subject 1t prescrbes the quaca-
ons only of those who sha be entitled to vote at the
first election and shall be eligible to any office within the
said Territory but the qualification of voting and of
holding office dt all subsequent elections shall be such shall
be prescribed by the Legislative assembly" The provisions have
application whatever to the subject nasmuch as they
only prohibit the Legislature from permitting persons
vote who neither native naturaizcd citizens and
certain officers, soldiers of the army, &C.
Now then it is clear first that regards all elections
but the FIRST the qualifications not prescribed by the
act of Congress- and second the qualifications with the
restrictions before mentioned for all subsequent elections
to be designated by the territorial Legislature
1t is certain then that the question raised as re-
CARDS the pretended right of persons to who possess
the requisite qualifications under the act of Congress- for
voting at the first election, but excluded by subse
quent territorial legislation in force has founa-
tion whatever in law, and such votes would be wholly il
legal Under these circumstances trust that no one
will attempt to vote who is excluded by the territorial
law and such illegal attempt is made such clear vi
oaton of the net of Congress and of the laws of this Ter
toy will be arrested and prevented by the judges of the