Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1857-10-02
Gov. Walkers Proclamation.

issued by Gov. Walker to the people OF
Kansas in regard to the October cleo
ton, brief summary of which has been
given by telegraph. 1t is very long
like all the documents from the pen OF
the isothermal Governor, and would oc-
cupy about a page in our paper
We extract the most important portions,
giving the Governors argument:
THE RIGHT TO VOTE.
1t will be perceived that the act OF
Congress is clear and explicit on this
subject. 1t prescribes the qualification
of those only who" shall be entitled to
vote at the first election, and shall be
eligible to any Office within the territory;
but the qualifications of voting and OF
holding office at all subsequent elections,
shall be such as shall be prescribed By the
Legislative Assembly. The provisions
have no application whatever to the sub
ject, inasmuch as they only prohibit the
legislature from permitting persons to
vote who are neither native or naturaliz-
ed citizens, nor have declared on oath
their intention to become citizens, and
certain officers, soldiers of the army"
&c
Now, then, it is clear, first, that as re-
CARDS all elections but the first, the quail
fcations are not prescribed by the act OF
Congress and second, the qualifications
with the restrictions before mentioned for
all subsequent elections, are to be design
ated exclusively by the Territorial Leg
islature.
1t is certain, then, that the question
now raised as regards the pretended right
of persons to vote who posses the requi-
site qualifications, under the act of Con-
gress, for voting at the first election, but
are excluded by subsequent territorial
Legislation now in force, has no founda-
ton whatever in law, and such votes
would be wholly illegal. Under these
circumstances, I trust that no one will
attempt to vote who is excluded by the
territorial law and if such illegal at
tempt is made, such a clear violation of
the act of Congress and Of the laws OF
this territory will be arrested and prevent
ed by the judges of the election.
THE TERRITORIAL TAX.
While the tax remains, the qualifica-
} ton applies no more to the election in
, October than it does to the election Of de-
legates 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 Leg.
islature, and because it is settled rule il
, interpreting statutes that if the Legisla.
> ture had intended in either case, in pre-.
scribing the qualifications, and all the
2 qualifications of voters, to superadd one
r that was inserted in a preceding law
! they would have repeated the restriction
in a subsequent statute. How easy wa:
! it for the Legislature, in prescribing the
= qualifications of voters under the Con
vention or Election Law, if they intend
ed, in addition to the qualifications nam
ed in these laws, to require the prepay
ment of tax, to have said so, and no
o left it to others to interpolate words which
e they had excluded. They have not sait
so, and that is enough. On this subjec
l have never entertained any doubt, ant
never supposed there could be any CUES
. ton. And I might have declined tn
expression of any opinion on either o
: these points, but for the certain knowl
edge of the fact communicated to m
from almost every quarter of the terri
tory, and from all parties, that these con
ficting constructions of the law, if nc
settled, will certainly produce collision a
} the polls, and most probably disastrou
> civil war and revolution. I claim no au
thority to instruct the judges of election
u by virtue Of my official power, how the
= shall decide, but l give my opinion, a
others have given theirs, and with tn
e same sincerity, in the hope that it ma
G tend somewhat to prevent the disaster
Is with which we are threatened, CROWN
out of these conflicting opinions, and thu
i it may render unnecessary a resort t
n. the military force, subject to my order
m to preserve the peace of the territory.
y, In reply to a communication (embody
IN ing these views in dispatch from til
Ill Secretary Of State, under date of Sci
~ TENDER, 1857, after remarking, most jus
r ly, as l always commended, that I coul
E. issue no authoritative mandate to Il
e. judges Of election on this subject, or col
n troll their decision, the Executive says ::
at "The territory of Kansas is in p
to cular condition. By your statement, al
ce possessing, as you do, the best means