The Kansas herald of freedom., 1857-09-26

ed, and the only result is TO give too many
members of that body to some counties
in the apportionment, according to popu-
lation, and not an absolute denial of
the right of suffrage. This result was not
intended by the Territorial Legislature,
and could not be prevented by the officers
by whom the apportionment was made
There was no intention on the part of the
Territorial authorities to disfranchise these
counties. But this has arisen from acci-
dental causes, over which | have no au-
thority to exercise any control whatever,
and / could give no legal efficacy to any
vote that was not legal in itself.
It is hoped that the good ciazeas of
these counties will vote to the extent per-
mitted them by law, looking to an early
period for the remedies for all these griev-
ances, and that we shall have no revolu-
tionary outbreak or violence at the elee
tion, which would be fraught with incalcu-
liable evil and attended with no possible
good.
1t will be observed that the apportion-
ment has no effect whatever upon the
vote for Delegate for Congress, or for coun-
ty officers; in regard to both of which,
the counties excluded from the apportion-
ment for the Territorial Legislature have
the same rights and influence, in proper
ton to their votes, as the people of any of
the other counties of Kansas.
In relation to precincts, which | am
asked to establish, the act of the Terrific
rial Legislature of 1856, regulates that
subject in the fourth and fifth sections.-
The power is there given to the county
officers to establish the precincts and select
the judges of election, but there is lib
eral provision in the law to meet any con-
tingency. The fourth and fifth sections
of the act are in the following words:
SEC. 4. Every county that now is. or
that may hereafter be established. shall
compose an election district, and all cleo
tons shall be held at the court house of
such county, where one has been erected.
If there be no court house, then it shall
be the duty of the county commissioners
to name house in such county where
the election shall be held; and if such
commissioners fail to name such house
twenty days before the election, it shall
be the duty of the sheriff to name such
house. In either of the last two cases
the sheriff shall give notice of the place
of holding the election by written adver-
tisements, set up in at least six public
places in such county, or by advertise
ment in some newspaper published in such
county, at least ten days before the day of
the election. ProUided, that the county
commissioners may, from time to time
establish such additional election precincts
as may seem to them necessary or proper;
proUided further, ho,cecey, that in no case
shall more than one precinct be established
in any one municipal township
SEC. 5. The county commissioners shall
appoint the judges of election, in each
county or voting precinct, at least ten days
before the election at which they are to
act; and if, at the hour for the opening OF
the polls, such judges are not present.
then the voters assembled shall have pow
er to elect others to fill the vacancy ol
vacancies thus occasioned. Said judges
shall, before they enter on the discharge
of their duties, take the following oath Of
affirmation, to be administered by one o.
their own body. by the sheriff, or by any
officer authorized to administer oaths:
do swear (or affirm that | will impartially
discharge the duties of judge of the pres
ent election, according to law and the best
of my ability.
As to the judges of'election, then, there
can be no difficulty under this Law, the pow.
er being vested in the people at the sew.
eral precincts, in case the county officers fai
to perform their duty; and if there be ne
precincts, then the election can only bt
held at the seat of justice provided by Law
for each county. 1t has been suggested
that this power is given to me under tn,
convention law of the 10Th of june, 1857
to establish precincts. 1t is true tha
very large and comprehensive powers arr
given to the Governor of the Territory b,
that law, to which | shall have occasion
hereafter to refer, and which seem TO hav'
escaped public attention; but those power
are especially confined to my action unde
that law, and confer no authority in thi
respect, in regard to the October election
With me, this is a matter of most SINGER
regret, inasmuch as it is now, and alway
has been, my most anxious desire to see
full and fair election held in October mex
and to contribute to this result to tn
extent of all the authority devoived upol
me by law. By the act of Congress, how
ever, of the 30th of May, 1854. organizing
this Territory, and which is still in full
force. in that respect, on this subject, it j
declared in the 22d section, that, tn
person having the greatest numberof vote
shall be declared by the Governor to b
/ duly elected, and certificate thereof shal
be given accordingly" As regards tn
Territorial Legislature, the certificate is I
| be given by the Secretary of State, who
to count the votes in the presence of th
Governor; and in relation to the local OF
ficefs, this duty, in case of contest. is de
volvcd upon the Courts.
In view of my duties in connection wit
| this law, nv attention has been called
| the qualification of voters under the Law
But even here the prior duty is deyolve
upon the Judges of election, and | migt
not have felt called upon to give any opin
ion upon the subject, but for circumstance
of most grave and serious character,
! which shall now refer. The Territor
/ is now threatened with violent seiz
ure of the polls at the October election
/ leading necessarily TO collision and civ
war. This would be most disastror
circumstance, requiring imperatively th
employment of the troops under my col
troll, to avert scenes disgraceful alike
this Territory and to our country, an
which every good citizens could not bi
deplore. II, then, under these circuH
stances, the expression of my opinion
could prevent, as in May and June las
the occurrence of such a catastrophe,
regard it as solemn duty to make tn;
expression, rather than resort to the emplo,
mens of force to be followed by scenes
anarchy and bloodshed.
!, The two questions presented for N
consideration are.
/ First: Can those who were qualife
under the organic act to vote at the FIR
election in this Territory, vote also in O
tober next Independent Of any restriction
imposed By any act of the Territorial lie,
islature?