The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-25

in the provisions of the act Indeed there but one cas.
In which the governor has been authorized even TO issue
proclamation and that u.s. should any OF more per
receive equal number Of votes for the same o.
Ace Cases Of contested elections for members Of the leg
satiye assembly 10 be decided by the respective
houses for probate Judges by the proper district courts
and for sher county commissioners and clerks Of pro
bate courts by the respective probate courts Thus the
governor seems to have been excluded nom any psrtc
patton In the conduct of elections.
II is his duty required he s 10 that the laws
Of the Territory faithfully executed TO take care that
the elections shall he free and fair and TO resist whseye
violence may be employed prevent amy individual from
going 10 the polls and having his claim TO vote decided
by the Judges but this decision, whatever II may be- Is
final 20 far as the executive Is concerned.
There is notwithstanding, point of view In which
A may be proper for the Executive Of the United
States to express opinion upon the questions you
have submitted
The Territory Of Kansas is In peculiar condition BIZ
your stAsemcnt--snd possessing, you do the best
means Of information your views in the opinion Of the
President are entitled to great weghtit Is In state Of
incpient rebellion with organized military force pre-
pared to resist the authority Of the United States
1t may therefore, become necessary to the troops
placed at your disposal not only posse ooas in e
ecug the laws hut also to aid 10 suppress nsurrec
ton. Surely, under these circumstances if the expires
sion of opinion in advance Of his action and it may be
instead of It, which the President honestly ehterans
win have direct effect In preventing civil war In Kan
s he cannot be Justly censufcd for attempting by such
an expression of opinion to avert that calaitous result
The danger you anticipate arises you observe from
the apprehension Of portion Of the citizens of Kansas
that they will be excluded from the privilege Of voting
because they have not paid territorial tax Now the
President, well every member of his cabinet con
in opinion with you that the payment of such Is
not required qualification TO vote He and they
terrain not doubt that the 5h section Of the act Of Feb
ruary TO- 1857 is complete In ITSELF and pescbes all
the qualifications required Of voter and among these
the payment of territorial tax is not included They
are also firmly convinced that person whatever not
possessing these qualifications notwithstanding he may
possess the qualifications prescribed for voters by the or
ganic act Of Congress of May &c. 1854 has any just claim
to the elective franchise.
In communicating this opinion the President has no
idea have already stated that it can have any legal
effect in determining the qualifications of individual
ter in the Territory and he only expresses 1t In Difference
to your inquiry, and for the single reason which have
Just indicated. a& 8sg7 gs9"H ~ hfh &a
am, sir, your obedent servant, &C., FES
M LEWIS CAss
To RoBKRT J. WALKER, Esq,
Governor Of the Territory Of Kansas, Leccmptcn