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

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capped public attention; but those powers
are especially confined to my action under
that law, and confer no authority in this
respect in regard to the October election.
With me, this is matter of most sincere
regret, ;nasmuch as it is now, and always
has been, my most anxious desire to see
full and fair election held in October next,
and to contribute to the extent of all the
authority developed upon me by law. BY
the act of Congress, however, Of the 3oth
of March, 1854, organizing this territory,
and which is still in force in that respect,
OH this subject, it is declared in the 33d
section that "the person having the great
est numl er Of votes shall be declared by
the Governor to be duly elected, and GER
tifieate thereof shall be given accordingly"
AS regrads the Territorial Legislature. the
certificate is to be given by the Secretary Of
State, who is to count the votes in the pres
ence of the Governor, and in relation TO the
local officers, this duty, in case OF contest, is
devolved upon the Courts.
In view of my duties in connection with
this law, my attention has been called to
the qualification Of voters under the law
But even here the prior duty is devolved
upon the judges Of election, and might
not have felt called upon to give any opin-
ion upon the subject, but for circumstances
of most grave and serious character, to
which shall now refer. Tho Territory is
threatened with violent seizure of the polls
at the October election, leading necessarily
to Il collision and civil war. This would
be a most disastrous circumstance, requir-
ing imperatively the employment Of the
troops under my control, to avert scenes
dsgraceful alike to this Territory and to
our country, and which every good citizen
could not but deplore. If, then, under these
circumstances, the expression of my opin-
ions could prevent, as in May and June
last, the occurrence of such catastrophe, l
regard it as solemn duty to make that ex-
preston, rather than resort to the employ
ment of force, to be followed by scenes of
anarchy and bloodshed.
The two questions presented for my
consideration arc
First-Cnn those who were qualified un-
der the organic act to vote at the first clcc-
ton in this Territory vote also in October
next independent of any restrictions i'm
posed by any act of the Territorial Legisla-
ture.
The 22d and % sections of the organic
law relating to this subject are in the fol-
lowing words:
"Sec %. And be it further enacted,
That the Legislative power and authority of
said Territory shall be vested in the Gov
ernor and Legislative Assembly. The Leg
islative Assembly shall consist of Council
and House of Representatives. The Coun.
Gil shall consist of thirteen members, hav-
ing the qualification Of voters, as hereinaf-
ter prescribed, whose term of service shall
continue two years. The House of Repre-
sentatives shall, at its first session, consist OF
twenty-six members, possessing the same
qualification rs prescribed for members OF
the Council, and whose term of service
shall continue one year. Tie number OF
Representatives may he increased by the
Legislative Assembly, from time to time,
in proportion to the increase of qualified
voters: Provided, that the whole number
shall never exceed thirty-nine. An Appor-
tionment shall be made, nearly as equal as
practicable, among the several counties or
districts for the election of the Council and
representatives, giving each section Of tie
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 in.
habitants OF, the district, or county or coun-
ties, for which they may be elected, respcc-
lively. Previous to the election, the Gov
ernor shall cause census, or numeration OF
the inhabitants and qualified voters of the
several counties and districts in the. Terri
tory to be taken by such persons. and in
such mode, as the Governor shall designate
and appoint; and the person so appointed
shall receive reasonable compensation
therefor. And the first election shall he
held at such time and place, and be
conducted in such manner, both as to the
persons who shall superintend such election
and the returns thereof, as the Governor
shall appoint and direct; and he shall at
the same time declare the numbers of 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 legal votes
in each of said Council districts for men,
bers of the Council, shall bedeclared by the
Governor TO be duly elected to the Coun.
Gil; and the persons having the highest
number of legal votes for the House of
Representatives, shall be declared by the