The Kansas herald of freedom., 1857-08-15

of this power, the Legislature Of 80 de-
clare who shall be 'qualifed elector for
all elective Offices" to wit: Every free,
white male citizen of the United States,
(including Indians made citizens,) over
twenty-one years. and inhabitants or the
Territory, county and district, in which ne
offers to vote, and who shall have pad a
Territorial tax.
Again in the Convention Act, sec. H.
declaration was made as to who were to
be entitled to vote for the members of
that convention. .fEvery bona 6de in
babitant on the third Monday of June,
1857. a citizen of the United States, who
has been three months resident, and who
shall have been registered" In the "Act
to define and establish Council and Repre-
sentative districts, for the second Legisla-
tive Assembly, and for other purposes" it
is declared that
avery iona .fde inhabitant of the Ter
ritory of Kansas, being a citizen of the
United States, and who shall have resided
six months in said Territory before the
next general election for members of the
Council and House of Representatives,
and no other person sehaterer, shall be en-
titled to vote at any general election here
after to be held" with a prociso not to af-
feet the act calling the convention, passed
the same session.
1t is too plain, then, TO admit Of any
deception, that all who vote at the Octo-
Der election, must do so under the Terri
torial law, regulating the qualifications of
voters.
The law should not be snare. Such
as define the rights of the people espec-
tally in the exercise of their political
privileges should be plain, beyond, if pos
sible, the necessity of Interpretation, or
judicial construction. We had supposed
that the last general election law, recited
above, was couched in such plain terms as
to admit of no question as to "who were
entitled to vote at the October election"
until We notice the opinion of high ju-
dicial functionary. quite contrary to our
prcconceived view of the case; "an opin-
ion, however, entitled to no more weight
than that of any other citizen" inasmuch
as it was extra-judicial and with no case
before him, and much in advance of the
occasion. The learned Judge will excuse
us for entertaining some doubt as to the
entire soundness of his opinion, although
his reasons are quite plausible.
There is no doubt but, as general rule,
all acts in Pari niateria are to be taken
into consideration in constituting any one
of them; but it is not universal rule that
they are to be taken together as one act;
regard is to be had to the nature of the
subject and the intent of the maker. The
great difficulty which meets us at the
threshold, is that all legislation in Kansas
has been in violation of every known sys-
tenn, and the usual rules of Interpretation
and construction are not applicable to
them.
The subject matter would demand the
most enlarged and liberal view, extending
the elective franchise; while the intent of
our Legislators has been to limit and en-
snare the voter. There is internal evil
dence which certainly tends to prove the
intention of the Legislature to make new
election law. In the first place, the act is
styled IAN act to define the Council and
Representative districts for the second
Legislative Assembly, and for other pur-
poses" In the next place, it defines the
qualifications in the broadcast, most COM
prehensive terms, and declares that such,
and no other person, ,rhateuer, shall be en-
titled to vote at any general election herraf-
ter TO Le held. We regard it, except where
it specially restrains, as intended to en-
large the elective franchise. The declar-
ell purpose of the Legislators being, not
only to define the districts, but also who
should vote, not only at this, but at all
future elections. We are not to leave out
Of the account, the extremely loose man.
ner in which these men have legislated |
from the beginning, too apparent to any
one who is at all eonversant with the /
code, and subsequent laws.
The proviso in this section is evidence
Of the intent to pass general statute, and I
10 supercede previous laws on the same
subject, and the very omission, inadver-
'ent. no doubt, and only another proof of
heir general laxity, and to which Judge
;ato alludes, as to those who have declar-
ID their intentions to be citizens. (whose
ranchise is guaranteed by the Organic
ict, is additional evidence of this intent.
The payment of tax as prerequisite
o voting has always been considered
'dious, and nowhere have louder COM !,
'laints been uttered against it than here;
nd as this fifth section sets forth all
he essential qualifications of the Previous
ct, except this tax, it is fair to presume
n intent to silently repeal it Ly emitting I
S mention in the new law. Was eyi-
nee of having paid a tax required of
hose who voted for members of the
onvention-aad why not? Statutes
hich are remedial and for the publ;c I
BOD are to be construed literally. and an I
t setting forth certain conditions and e
'e-requisites, excludes all others-saelss;o b
eiUs est erclasio altegias b
This is no new question, either IN IN
ates, or Territories. for in all cases where C
ere are two laws prescribing the ouali- Il
'ations OF voters at elections. and the G,
st law omits restriction contained in b
e frst, it has been universally deeide,l y