The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1857-10-08

give entire:
TO. THE PEOPLE OF KANSAS.
LkcoMPToN, X. T., Wednesday, Sept. l6,
,'57.-Tbe first Monday in October, 1857,
Is the day assigned by law for the election,
by the people of this Territory, for dele
gate 10 the Congress Of the United States,
both branches of the Territorial Legislature,
and various county Offices. AS the Cover
nor of Kansas, numerous and urgent calls
have been made upon ME by various public
meetings and Committees, by some Of the
judges of elections, and also by many citi-
zens, to communicate my views in relation
to the qualifications of voters at that cleo
tion, as also i'll regard to the Legislative APP
portionment, and the establishment Of vot-
ing precincts.
AS to the apportionmcnt, the Territorial
Election law of the goth of February, 1857.
requires it to be taken under the Territorial
Convention Actof the 10th February, 1857.
The returns were made under tho census,
and the apportionmcnt for that Convention
fixed by the acting Governor, long before
: my arrival in this Territory and, Of sourse,
over that matter l have no control whatev-
or. Whilst it was a cause of deep regret
to him, as we'll as to myself, that the CEN
sus and registry were SO incomplete in ma
ny counties, and that in fifteen counties Or
ganized as election districts under that law,
and entitled to vote for delegates to the
Convention, there was neither census nor
registry, and, therefore, that they could not
participate in any manner in the choice Of
delegates on that most important occasion,
yet no power to remedy the evil was vested
by law, either in him or me. The only re-
medy rests with the Convention itself, by
submitting, If they deem best, the constitu-
ton for ratification or rejection to the vote
of the people, under such just and reasona-
ble qualifications as they may prescribe
That they would pursue this course have
never doubted, and although have no right
whatever 10 interfere in that question, yet,
when my individual opinion was asked on
this SUI ject by members Of the Convention
and others, l have always indicated pre-
vious residence Of three or six months prior
to the vote upon the adoption of the Con-
stitution, as most just and reasonable, Pc
riod of three months being prescribed by
the Convention law itself, as the prior re-
sidence required in voting for delegates to
tho Convention, and six months being dcs-
ignated by the Territorial laws as the pre-
vious residence required in voting for mens
bers of the Territorial Legislature. Either
Of these qualifications, in my opinion, would
have embraced the great body Of the bona
Jfde settlers who might be here this Fall,
inasmuch os the Convention would proba-
bly, not terminate their labors and submit
the constitution until some time in No
vomber, and inasmucl rs three or six
months would probably be granted by them
as An interval between the date Of subnis-
sion and the vote upon the constitution. /
repeat however, the opinion always hereto
fore expressed by me, that this is matter
which belongs exclusively to the Conven-
tion, over which have no power, except,
in the language Of the Kansas N ebraska
act, to stake care that the laws be faithfully
executed" including that organic act itself,
and left at liberty as a citizen to take such
a course as, in my judgment would be most
consonant with the principles of justice, OF
the Kansas Nebraska bill, and OF the Con-
stitution of the United States in any con-
tingency.
The apportionment of members Of both
branches of the Legislature, is based, as
have stated, on the census taken under the
Convention act of the 10th Of February
1857. My power to make the apportion
ment, expired on the 3lst of May last, lea
wing me but three days, exclusive of Sun
day, to perform that act, after my arrival o.
this Territory. The territorial laws of So
had never been printed. They were then
in the course of publication at St. Louis, Mo
and no copy recl,ed here until the middle
of June, long after my power on the subject
had expired. The existence of this appor
tionneut ]aw was wholly unknown to tho
Secretary of State, to the Probate Judge Of
This County, or to any other person within
ay knowledge, and the printed copies, as
have stated, did not reacf, here until the
middle Of June. Of course it was impossi
ble for me to perform the duty prescribed
in that act, aud to guard against the con
ingency of laws not reaching here before
tho fst Of June. the duty from and afte'
'that date, was devolved by law upon tho
Speaker Of the House and President Of the
Council. That duty was performed by the
officers designated by the law, and have
NO doubt, in good faith, although wa'
,usser consulted BY them on the subject
The law prohibited them from apportionine
members to counties not embraced in the