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

Sop"s'So VI uiolIicls, W tuo SOuHCll anu
House Of Representatives, according to the
number of qualified voters, shall be pre-
scribed by law, rs we'll as the day of the
commencement Of the regular sessions Of
the Legislative Assembly; Provided, that
no session in any one year shall exceed the
term of forty days, except the first session,
which may continue sixty days.
Sec. %. And be II further enacted, That
every free white male inhaLitant above the
age of twenty-one years, who shall be an
actual resident Of said territory, and shall
possess the qualifications hereinafter pre-
scribcd, s. all be entitled to vote at the first
election, and shall be eligible to any Office
within the said territory; and the qualif-
cation of voters, and of holding office at all
subsequent elections, shall be such as shall
be prescribed by the Legislative Assembly
Provided, 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 become such, and shall have taken An
oath to support the Constitution of the
United States, and the provisions of this
act. And provided further, that no officer,
soldier, seaman, or marine, or any 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 rea-
son of being on service therein.
1t will be perceived that the act Of Con-
gress is clear and explicit on this subject
1t prcscribes the qualification only of those
who shall be entitled to vote at the first
election, and shall be eligible to any Office,
within the said Territory; but the qualif-
cation of voting and of holding Office, at all
subsequent elections shall be prescribed by
'Ae Legislature assembly," The provisions
have no application whatever to the sub
ject, inasmuch as they only prohibit the
Legislature from permitting persons to vote
who arc neither native or naturalizel citi-
zens, and certain officers, soldiers, of the
army, &c.
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 Con-
gress, and second, the qualifications with
tho restrictions before mentioned for all
subsequent elections, are to be designated
by the Territorial Legislature.
1t is certain, then, that the question now
raised as regards the pretended right Of
persons to vote who possesses the requisite
qualification, under the act of Congress, for
voting ut the first election but are excluded
by subsequent Territorial Legislation now in
force, has no foundation whatever in law,
and such votes would Q wholly illegal
Under these circumstances trust that no
one will attempt to vote who is excluded by
tho Territorial law; and, if such illegal at
tempt is made, such clear violation of the
act of Congress and Of the laws Of this Ter
rtory will be arrested and prevented by the
judges Of the election.
The second question is:
Will voters at the election in October.
who possess all the qualifications provided
by the Territorial act Of the Goth of Feb.
1857, which is the last act on this subject,
be also required to possess other and differ
ent qualifications, contained in preceding
Territorial enactments, or is the last law the
sole rule of action on this subjecti This
last art is the General Election Law, provi.
ding for new and entirely distinct appor-
tionment of members for both branches of
the Territorial Legislature, as also the quail
fications of voters at that and all succeeding
elections, and is entitled, can act to define
and establish the council and representative
districts for the second Legislative Assem-
bly, and for other purposes"
Tho first section designates by name the
several counties Of Kansas which are to
constitute the several Council Districts the
second section designates by name, the SOW
eral counties of Kansas which are to con.
stitute the respective representative district !;
the third section apportions members
among the several representative districts
according to the census provided for in the
Convention law; the fourth section appor-
tions in the same manner the members
among the several Council Districts; the
fifth and last section is in these words:
Sec. S Every bona .)ide inhabitant of the
Territory Of Kansas, being citizen of the
United States, over the age of 21 years,
who shall have resided six months in said
Territory before the next general election for
members of the Council and House If Rem
resentatives, and no other person whatever
shall be entitled to vote at any general
election hereafter to be held in tl,i Terri
tory: Provided, aohatever, that noting in
this act contained shall be considered to
apply to or affect in any manner tie pro.
visions of an act, entitled An act o pro.
vide for taking the census, and election for