The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1857-10-08
amounting from long established and uni
yors n ,,o,oo ~ t1,o forco of lo,y

III there couiu nave Oeen any possible |
doubt OH this subject, it is removed by the
provisions Of the territorial convention law,
passed Oh ths day preceding that on which
was enacted the election law, and referred to
and made the basis of many Of the provi,
sions of the latter. That convention law
prcscribes previous residence of three
months and registry, as qualification for
votes, but is just as silent rs the territorial
election Of law on the subject of tho pay
mcnt Of tax, and yet no one has ever
pretended that the payment of any tax con-
stilutes necessary qualification for voter
for delegates to that Convention. No sucl,
payment for tax was ever cxactcd, and
was rarely if ever made. And such con-
struction is now contcnded for, that because
there was no direct repeal Of the tax quail
fication, therefore il still existed, ould rem
der illegal the election Of nearly every
member of tho Constitutional Convention,
and impair the validity Of all their acts.-
The election law of 1857, imposing the
qualification law, was general. 1t applied
to all subsequent elections, to every inhabi-
tant Of this Territory, and of the County or
District in which lie offers to vote, sand to
all elective officers" 1t was as general and
comprehensive in its application to every
election which could take place under any
territorial law rs the Legislature could
make it and would apply the restriction of
the payment of territorial tax in voting
for Delegates to the Convention, just as
much as in voting for members of tho ter
ritorial Legislature in October; upon this
alleged principle, that restrictions of quail
fication in preceding laws, and not repeal
ed by general provisions in subsequent
statute prescribing Cor subsequent elections
the qualification Of voters. The Convention
law required three months previous resi-
dence and registry as qualification of vo-
ters, but was silent, like the election law of
1857, as regards the prepayment Of any
tax; and if such prepayment by force of
preceding enactments applies as quail
fication for voter for the Territorial Leg
islature in October, then it would just as
clearly follow that inasmuch as the Con.
vention Act was equally silent as to the
payment of tax the voters for delegates to
that Convention, besides three months
residence and registry, must have paid tax
also. Fut the truth is, while tho tax re-
mains, the qualification applies no more to
the election in October than it does to the
election of delegate to the Convention, be-
cause it was dropped in both acts, and be-
cause we have no right to insert most
important provision that is thus omitted BY
the Legislature, and because it is a settl d
rule in interpreting statutes that. if the Leg
islature had intended, in either case, in pre-
scribing the qualifications, and all the quail.
fications of voters to superadd one that was
inserted i'll preceding law, they would
have repeated the restriction in a subsc-
quent statute. How easy was it for the
Legislature, in prescribing the qualifications
Of voters under the Convention or election
law, if they intended, in addition to the
qualifications named to these laws to require
the prepayment of tax, to have said so,
and no: left it to others to interplate words
which they had excluded. They have not
said 80, and that is enough.
On this subject have nevor 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 al
most every quarter of the Territory, and
from all parties, that these conflicting con-
structions of the law, if not settled, will
certainly produce collision at the polls, and
most probably, a disastrous civil war and
revolution. l claim no authority to instruct
the judges Of election, by virtue of my Off
cial power, now they shall decide, but with
the same sincerity, and the hope that it may
tend somewhat to prevent disasters with
which we are threatened, growing out of
these confliction opinions, and that it may
render unnecessary 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
Kansas; but it is my sincere hope, that the
mere presence Of this force, competent as it
is TO suppress insurrection of rebellion, and
maintain the authority of the law, will rem.
der my collision unnecessary.
On the 18th Of August last communi-
Gated to tho President, through the secre-
tary Of State, my views on this subject, to-
getber 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 COLI
sion and ,sivil war in this Territory, by
stating, If such should be the fact, their
III