The Kanzas news., 1857-10-03
LUMB. ENPORIA. KANZAS, OCTOBER 8 1857


rather than resort to the employment of force
to be followed by scenes of anarchy and
bloodshed.
/ The two questions presented for my Cofi-
sideration are,
i First: Can those who were qualified un-
/ der the organic act to. vote at the first elee-
ton in this Territory, vote also in October
next independent of any restrictions impos
ed by any act of the Territorial Legislature?
The 92d and Esd sections of the organic
law, relating to this subject, are in the fol-
lowing words:
CSC %. ARd be II further enacted, That the leg
slative power and authority of said Territory shall
be vested in the Governor and egisative assembly
The Legislative assembly shall consist of council
and house of representatives The council shall
consist Of thirteen members, having the qualiica-
ton of voters, hereinafter prescribed, whose
term of service shall continue two years. The
house of representatives shall, its first session.
consist Of twenty-six members, possessing the,
qualifications prescribed for members Of the
council and whose term of service shall continue
one year. The number of representatives may be
increased by the Legislative assembly, from time to
time, in proportion to the increase of qualified
ters: PTOUided, that the whole number shall never
exceed thirty-nine. An apportionment shall be
made, as nearly equal as practicable, among the
several counties districts for the election of the
council and representatives, giving each section of
J
fed voters, nearly may be. And the mem
bers Of the council and house of representatives
shall reside in, and be Inhabitants of, the district
or county counties, for which they may be cleo
ted, respectively. Previous to the election, the
Governor shall cause census, enumeration Of
the inhabitants and qualified voters of the several
counties and districts in the territory, to be taken
by such persons and in such mode as the Cover
nor shall designate and appoint; and the person
so appointed shall receive reasonable compen-
sation therefor. And the first election shall be
held at such time and places, and be conducted in
such manner, both as TO the person who shall
perintend 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 representatives to which each
of the counties districts shall be entitled under
| this act The persons having the highest number
of legal votes in each of said council districts for
members of the council, shall be declared by the
Governor to be duly elected to the council; and
tbs persons having the highest number Of legal
votes for the house of representatives, shall be de-
clared by the Governor to be duly elected mem
bers of said house, PTOUided, that In case two or
more persons voted for shall have an equal num-
Der of votes, and in case vacancy shall otherwise
in either branch of the Legislative assembly,
the Governor shall order new election; and the
persons thus elected to the legislative assembly,
shall meet at such place and on such day the
Governor shall appoint; but thereafter, the time,
place, and manner of .helding and conducting all
elections by the people, and the appOrtioning the
representation in the several counties districts,
to the council and house of representatives, accor
ding TO the number of qualified voters, shall be
prescribed by law, as well as the day of the COM
mencement of the regular sessions of the legsla
| tive assembly: Prorided, that no session in any
one year, shall exceed the term of forty days ex-
except the first session. which may continue sixty
| days.
"SEc. %. And be 1t further enacted, That every
! free white nhabitant above the age of twenty
one years. who shall be an actual resident of said
Territory, and shall possess the qualifications here
4 HI -
first election, 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, ProUided, that the right
of suffrage and of holding office shall be exercised
only by citizens of the United States, and those
who have declared on oath their intention to be-
come such, and shall have taken oath to support
the Constitution of the United States and the pro-
visions of this act And prouded further, that no
officer, soldier, seaman marine, other person
in the army or navy of the United States, at
taehed to troops in the service of the United States
shall be allowed to vote hold Office in said Ter
ritOry, by reason of being service therein"
1t will be perceived that the act of Con-
gress is clear and explicit on this subject.
Il prescribes the qualifications only of those
who sEshall be entitled to vote at the first
election, and shall be eligible to any Office
within the said Territory but the qualif-
cation of voters and of holding Office, at all
subsequent elections, shall be such as shall
be prescribed By the Legislative assembly,"
The provisos have no application whatever
to the subject, inasmuch as they only pro-
hibit the Legislature from permitting per-
sons to vote who are neither native nor nat
uralized cilizens, nor have declared on oath
their intention to become citizens, and GER
tain officers, soldiers of the army, etc.
| Now, then, it is clear, first, that as re-
CARDS all elections but the first, the qualifi
cations are not prescribed by the act of
Congress, and, second, the qualifications
with the restrictions before mentioned for
all subsequent elections, are to be designated
exclusively by the Territorial Legislature.
1t is certain, then, that the question now
raised as regards the pretended right of
persons to vote who possess the requisite
qualifications, under the act of Congress,
for voting at the first election, but are ex-
cluded by subsequent Territorial legislation
now in force, has no foundation whatever In
law; and such votes would be wholly ille
gal. Under these circumstances trust that
no one viii attempt to vote who is excluded
by the Territorial law, and that if such ille-
gal attempt is made, such clear violation
of the act of Congress and of the laws of
this Territory will be arrested and prevented
by the judges of the election.
The second question is:
Will voters at the elections in October,
who possess all the qualifications provided
by the Territorial act of the Goth of Febru-
ary, 1857. which is the last act on this sub
ject, be also required to possess other and
different qualifications contained in the pre-
eeding Territorial enactments, or is the last
law the sole rule of action on this subject !?
This last act is the general election law,
providing for new and entirely distinct ap-
portionment of members for both branches
of the Territorial Legislature, as also the