The Kanzas news., 1857-10-03

peopIe of this Territory, of Delegate to
the Congress of the United States, both
branches of the Territorial Legislature, and
various county officers. AS the Governor
of Kanzs, numerous and urgent calls have
been made upon me by various public meet
ines and committees, by some of the Judges
of Elections, and also by many citizens, to
communicate my views in relation to the
qualifications of voters at that election, as
also in regard to the Legislative Apportion-
ment, and the establishment of voting pre-
cincts.
As to the apportionment, the Territorial
election law of the Goth of February, 1857,
requires it TO be made upon the census pro-
yided to be taken under the Territorial Con-
yention act of the 18th of February, 1857.
The returns were made under that census,
and the apportionment for that Convention
fixed by the acting Governor, long before
nv arrival in this Territory; and, of course,
over that matter have no control whatever.
Whilst it was cause of deep regret to him,
as well as to myself, that the census and
repistrv were so incomplete in many coun
ties and that in fifteen counties organized as
election districts under that law, and enti
tied 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, Ell
ther in him or me. The only remedy rests
with the convention itself, by submitting, if
they deem best, the Constitution for ratif
cation or rejection to the vote of the people,
under such just and reasonable qualifica-
tons as they may prescribe. That they
would pursue this course have never doubt
ed, and although have no right whatever
to interfere in that question, yet, when my
individual opinion was asked on this sub
ject by members of the convention and 9TH
ers, 1 have always indicated previous res
idence of three or six months prior to the
vote upon the adoption of the Constitution,
as most just and reasonable, a period of
three months being prescribed by the Con-
yention law itself as the prior residence re-
quired in voting for delegates to- the Con-
vention, and six months being designated by
the Territorial election law as the previous
residence required in voting for members of
the Territorial Legislature. Either of these
qualifications, in my opinion, would have
embraced the great body of the bona tide
settlers who might be here this Fall, mas
much as the Convention would probably not
terminate their labors and submit the Con-
stitution until some time In November, and
inasmuch as three or six months would
probably be granted by them as an interval
between the date of submission and the vote
upon the Constitution. l repeat, however,
the opinion always heretofore expressed by
me, that this is matter which belongs ex
clusively to the convention, over which
have no power, except, in the language of
the Kanzas-Nebraska act, to f'take care that
the laws be faithfully excuted," including
that organic act itself, and left at liberty as
a citizen to take such course as, In my
Judgment, would be most consonant with the
principles of justice, of the Kanzas and Ne
braska bill, and of the Constitution of the
United States, in any contingency.
The apportionment of members of both
branches of the Legislature, is based, as l
have stated, on the census taken under the
convention act of the 18th of February,
1857. Ny power to make the apportion-
ment expired on the 31st of May last, leav
ing me but three days, exclusive of Sunday,
TO perform that act, after my arrival In this
Territory The Territorial laws of 1857
had never been printed. They were then
in the course of publication at st. Louis,
Missouri, and no copy reached here until
the middle of June, long after my power
over the subject had expired. The exis-
tence of this apportionment law was wholly
unknown to the Secretary of State, TO
the Probate Judge of this county, or to anv
other person within my knowledge, and the
printed copies, as l have stated, did not
reach here until the middle of June Of
course it was impossible for me to perform
the duty prescribed in that act, and, to guard
against the contingency of those laws not
reaching here before the first of June, the
duty from and after that date, was devolved
by law upon the Speaker of the House and
the President of the Council. That duty
was performed by the officers designated by
the law, and, / have no doubt, In good faith,
although l was never consulted by them on
the subject. The law prohibited them from
aPportioning members to counties not en-
Draced IN the census under the convention
law, and know it to be a matter of COM
plant by both parties, that the districts are
arranged so as to defeat their respective can
dldates- That the districts were arranged
oy these gentlemen, as charged BY their op-
ponents, with a view TO bring voters from
the State of Missouri into the adjacent coun-
oes OF hanzas, to control the election,
nave the most solemn assurances from the
most authentic sources of intelligence in
,I, that State. is wholly unfounded in fact
rnat the census or registry was not made in
hlteen counties of Kanzas, is owing to the
neglect of the local officers of those coun-
Ges to perform their duties, many of whom
nave excused themselves, on the allegation
mat no means were provided and no public
money applicable to the expenses of taking
the census and making the registry and that
'hey were unable or unwilling to make the
necessary advances themselves. However
Ihis may be, have ever regarded it as a
uePlorable circumstance that these counties
could not participate in the election of dele