The Kansas herald of freedom., 1857-09-26


ernor and legislative assembly. The leg
islative assembly shall consist of Council
and house of Representatives. The Coun-
Gil shall consist of thirteen members,
having the qualification of voters. as here
matter prescribed, whose term of service
shall continue two years. The house of
Representatives shall, at its first session,
consist of twenty-six members, possessing
the same qualifications as prescribed for
members of the Council, and whose term
of service shall continue one year. The
number of Representative may be increased
by the Legislative assembly, from time to
time, in proportion to the increase of quail
flied voters: PROVIDED, that the whole
number shall never exceed thirty-nine.-
An apportionment shall be made, as near
ly equal as practicable, among the several
counties or districts, for the election of the
Council and Representatives, giving each
section of the territory representation in
the ratio of its qualified voters, as nearly
as may be. And the members of the
Council and house of Representatives shall
reside in, and be inhabitants of the district
or county or counties, for which they may
be elected, respectively. Previous the
election the Governor shall cause census
or 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 Gov
ernor shall designate and appoint and the
person so appointed shall receive reason
able compensation therefor. And the first
election shall be held at such time and
places, and be conducted in such manner.
both as to the persons who shall superin-
tend such election and the returns thereof,
as the governor shall appoint and direct
and he shall at the same time declare the
council and house of representatives to
which each of the counties or districts
shall be entitled under this act. The
persons having the highest number of le-
gal votes in each of said council districts
shall be entitled under this act. The per-
sons having the higest 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 the persons having the high
est number of legal votes for the house of
representatives shall be declared TO be
duly elected members Of said house.
Proctdei, that in case two or more persons
voted for shall have an equal number of
votes, and in case vacancy shall other
wise occur in either branch of the legisla-
tive assembly, the Governor shall order a
new election; and the persons thus elected
to the legislative assembly, shall meet at
such plBce and on such day as the Gov
ernor shall appoint; but thereafter, the
time, place and manner of holding and
conducting all elections by the people,
and the apportioning the representation in
the several counties or districts, to the
Council and House of Representatives,
according to the number of qualified
voters, shall be prescribed by law, as well
as the day of the commencement of the
regular sessions of the legislative assem-
bly,: PrOuideti, that no session in any one
year, shall exceed the term of forty days,
except the first session, which may con-
tinue sixty days.
/ Sec. %. And be it further enacted, That
every free white male inhabitant above the
/ age of twenty -one years, who shall be an ac-
tualresident of said Territory ,and shall pos
sess the qualifications hereinafter de-
scribed, shall be entitled to vote at the
| first election, and shall be eligible to any
Office within the said Territory; but the
qualification of voters, and of holding Of
! flee at all subsequent elections shall be
such as shall be prescribed by theLegisla-
tive Assembly: Pro0ided, that the right
of suffrage and of holding Office shall be
exercised only by citizens of the United
States, and those who hare declared on oath
I their intention to become such, and shall
have taken an oath to support the Consti-
/ tuition of the United States and the pro-
] visions of this act: Ind proUiael further,
that no officer, soldier, seaman or marine,
or other person in the army or navy of
the United States, or attached to troops
in the service of the United States, shall
be allowed to vote or hold Office in said
Territory, by reason of Icing on service
therein.
! 1t will be perceived that the act of Con-
gress is clear and explicit on this subject
1t prescribes the qualifications ouly OF
those who "shall be entitled to vote al
the 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 as shall be prescribed by the Legisla-
tiue assembly, The proyisos have nc
application whatever to the subject, inas.
much as they only prohibit the Legisla.
ture from permitting persons to vote who
are neither native nor naturalized 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
fications are not prescribed by act of Con.
gress; aud, second, the qualifications, Will
the restrictions before mentioned for al
subsequent elections, are to be designated
exclusively by the Territorial Legislature
1t is certain, then, thatthe question nov
raised as regards the pretended right O
persons to vote who possess the reauisit,
qualifications, under the act of Congress
for voting at the first election, but are ex
eluded by subsequent Territorial legisla
ton now in force, has no foundation what
ever in law; and such voters would b
wholly Illegal Under these circumstan
; ces. trust that no one viii attempt to vot
who is excluded BY the Territorial law
and that if such illegal attempt is made
such clear violation of the act of Con
gress aud of the laws of this Territor
,, viii be arrested and prevented by tn
Judges of the election.
The second question is:-
Will voters at the elections in October
who possess all the qualifications provide,
, by the Territorial act of the Goth of Feb
l rllary, 1857, which is the last act on thi
subject, be also required to possess othe
: aud different qualifications contained j
preceding Territorial enaetments, or
the last law the sole ruie of action on thi
J subject? This last act IS the general elee
, ton law, providing for new and entirel
distinct apportionment of members fd
I both branches Of the Territorial Lesisla
: tyre, as also the qualifications of voters .
5 that and all succeeding elections, and i
: entitled, An act to define and establis
the Council and Representative District