The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-01-29
GOVERNOR GEARY'S MESSAGE.

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GOVERNOR GEARY's MESSAGE.
We are indebted to friend for copy Of
Governor Geary's message, delivered at LIE.
compton, January Is, 1857. Had we room,
we should like to publish the whole; but we
must confne ourselves to making a. few ex-
tracts, recommending to the Legislature the
repeal of certain statutes:
"The Territorial Government should abstain
from the exercise of authority not clearly dele
| gated to it, and should permit all doubtful cues.
tons to remain in allegiance until the formation
of State Constitution.
"On the delicate and exciting question of
Slavery, subject which so peculiarly engaged
| the attention of Congress at the passage of
| our organic act, l cannot too earnestly invoke
| you to permit it to remain where the Consti-
tuition of the United States and that act place
it, subject to the decision of the courts upon
all points arising during our present infant
| condition.
| The repeal Of the Missouri line, which was
restriction on popular sovereignty, anew con-
secrated the great doctrine of selfgovernment,
and restored to the people their full control
| over every question of interest to themselves,
both north and south of that line.
"Justice to the country and The dictates of
sound policy require that the Legislature
| should confne itself to such subjects as will
| preserve the basis OF entire equality; and
when a sufficient population is here, and they
| choose to adopt State Governui ent, that they
shall be perfectly free,' without let or him
drance, to form ali their domestic institutions
in their own way and to dictate that furm of
Government which, in their deliberate judg-
ment, may be deemed proper.
MANY provisions of chaper Sc, entitled
Elections, are Objectionable. Sectios 18th,
requiring certain test oaths, as prerequisites
to the right of suffrage, is wrong, unfair, and
UNEQUAL upon citizens Of different ssctiaSs. OF
| quire obedience to any special enactment
The peculiar features of these test oaths should
be abolished, and all citizens presumed to be
law-abiding and patriotic, until the contrary
clearly appears. Sworn obedience to particu-
lar statutes has seldom secured that object,
Justice will ever commend itself to the support
of all honest men, and the surest means of in
surfing the ready execution of law is to make
it so pre-emnently just, equal, and impartial,
as to command the respect of those whom it
is intended to affect.
"Section Both deprives electors of the great
safeguard of the purity and independence of
the elective franchise. l mean the right to
vote by ballot, and after the first day of No
UOce. This provision, taken in connection with
section 9th, which provides that If all the
votes offered cannot be taken before the hour
appointed for closing the polls, the Judges
shall, by public proclamation, adjourn such
election until the following day, when the polls
shall again be opened, and the election con-
toned as BEFORE &c, offers great room for
fraud and corruption. Voting aira voce the
condition of the poll can be ascettained at any
moment. If the party having the election Off
GERS are likely to be defeated, they have the
option of adjourning for the purp pose of drum
ming up votes, or, in the insane desire for vic.
tory, may be tempted to resort to other means
even more reprehensible. The tight of voting
by ballot is now incorporated into the Consti.
tutions of nearly all the States, and is classed
| with the privileges deemed sacred. The argu-
ments in its favor are SO numerous and over.
whelming, that have no hesitation in recon-
mending its adoption. The election law should
be carefully examined, and such guards thrown
around it as will most effectively secure the
sanctity of the ballot box, and preserve it from
the faint of single illegal vote. The man who
will deliberately tamper with the elective fran
chise and dare to offer an illegal vote, strikes
at the fountain OF justice, undermines the pill
lars of society, applies the torch to the temple of
our Liberties, and should receive severe punish.
ment. AS qualification for voting, definite
period of actual inhabitancy in the Territory,
to the exclusion of home elsewhere, should
be rigidly prescribed. No man should be per-
mitted to vote upon floating residence. He
should have resided within the Territory for a
period of not less than ninety days, and in the
district where he offers to vote at least ten DAYS
Immediately preceding such election. All the
voters should be registered and published for
certain time previous to, the election. False
voting should be severely punished, and false
and penalties of perjury.
"In this connection, your attention is also
invited to chapter 81, entitled Jurors This
chapter leaves the selection of jurors to the
absolute discretion of the Marshal, Sheriff, or
Constable, as the case may be- and affords great
room tor Partially and corruption. The names
of all properly qualified citizens, without party
distinction, should be thrown into wheel or
box, and, at stated periods, under the order of
the Courts, jurors should be publicly drawn by
responsible persons. Too many safeguards
cannot be thrown around the right of trial by
jury, In order that it may still continue to oc-
cupy that cherished place in the affections of
the people so essential to its preservation and
| sanctity."
"The 122d chapter, in relation to Patrols,
is unnecessary. 1t renders all other property
liable to heavy taxation for the protection of
slave property, thus operating anequally upon
| citizens, and Is liable to the odious charge of
being system of espionage, as it authorizes
the patrols, an indefinite number Of whom may
be appointed, to visit not only negro quarters,
but amy other place. suspected of unlawful
| assemblages of slaves" X
"Chapter Isl, relating to slaves attacks
the equality which underlies the very theory Of
our Territorial Government; destroys the free.
dom of speech and the privilege of discussion,
SO essential to uncloak error, and enable the
people properly to mould their institutions in
their own way. The freedom of speech and Of
the press, and the right of public discussion
upon all matters affecting the interests of the
people, are the great constitutional safeguards
of popular rights, liberty, and happiness"