The Kanzas news., 1857-10-03

manner lbe meInDerS among the several
Council districts the fifth and last section
Is In these words:
''SEc. 5. Every bona tide inhalitant of the Ter
r1tofy of kanzas, being citizen of the United
States, the age of twenty-one years who shall
have resided sIx months in said TerTitnry before
the next general election for members of the Couu-
ell and House of Representatives and no other
person whatever shall be entitled to vote at any
general election hereafter to be held in this Terri
tCry ProUided, Ao,oeueT, that nothing in this act
contained shall be considered TO apply to or effect
In any manner the provisions of an act entitled
An act to provide for taking the census and eec-
ton for delegates to a convention.
This act to take effect and be in force from and
after its passage
The language of this section is clear and
explicit. 1t is an act prescribing the quail
hcations, and all the qualifications of voters
at all future elections. The law is perfect
and complete in itself, without any reference
whatever to preceding enactments. The
language is free from controversy. "Euery
bona tide inha6itant,' ETC., ''shaH be entitled
to vote,'' etc. The words are imperative.
1t is the language of command from the
proper authority, and no one has any right
to interpolate restrictions contained in pre-
ceding enactments. 1t is well-settled prin-
ciple of law, as well as of common sense,
that when any subsequent statute proceeds
to regulate an entire subject in general and
comprehensive language, it is of full force
and effect in and of itself, and no restriction
or addition can be made TO Its provisions by
reference to any preceding enactments. In
such a case there can neither be addition nor
subtraction, and the number of qualified
voters can neither be augmented, by adding
to them those who were permitted to vote
by preceding laws, nor be iessened by sub
tracing those who were restricted from the
right of suffrage by previous enactments.
The words "euery citizen" ETC., and ''nO
other" shall Uote, include all who are de-
scribed in the act, and exclude all others
Besides, the right of suffrage is The most
sacred known to the American people. 1t
is the basis upon which repose all their in
stitutions. 1t is right highly favored in
our law, and, in all such cases, to deprive
any one of this right, the words must be
clear and unambiguous. But, in this case
there is no ambiguity, and, independent of
the fact that this act, as regards elections
and the qualifications of voters, is an act
complete in itself, and prescribing all the
provisions applicable to this subject, any
Interpretation by which restriction as re-
CARDS the right of votings contained in a
preceding law, should be superadded to
those required in this act, would create a
direct and positive repugnance to its clear and
explicit language, and, therefore, would be
most clearly repealed, by virtue of that uni
versal principle of jurisprudence that, when
two statutes contain provisions which are
repugnant, repellant or contradictory, either
by way of addition or subtraction, the last
statute must prevail.
Now, let us see if there would not be a
direct repugnancy in this case, under the
construction contended for by those who
assert that, although the payment of Ter
ritorial tax is not among the qualifications of
voters under the act of 1857, yet, that it is
a qualification under the act of 1856, and
therefore still in force. Let US place them
in opposite columns:
Act of 1857 prOUides: The Act of 1857, as
every b0Ea ffde in now construed, would
hffbitant of the Territory read follows: every
of Kanzas, being citi- bona fde inhabitant of the
zen of the United States, Territory of kanzas, be-
over the age of 81 years, ing citizen of the Uni
and who shall have resi-lted States, the age
ded months in said Ter of 81 Years, and who
ritory before the next gen. shall have resided 6
erai election for members months in said Territory
of the Council and House before the next general
of Representatives, and ielection for members of
NO OTHER person whatsO- the Council and House
ever SHALL be entitled tOlof Representatives, and
vote at any general cleo 40 OTHER person whatso-
tun hereafter to be held lever SHALL be entitled to
in this Territory. vote at any general elec-
ton hereafter to be held
i'm this Territory" but no
such citizen shall Be per-
nlttted to pote unless he
has first paid Terrific
iTiOI tar.
Is it not clear that the two provisions
would be directly repugnant, by the addition
to the act of 1857 of proyiso and restric-
ton not contained in that act, but in a pre-
vious law. The words of the act of 1857
are general 'teUery ctizen," ETC., shall be
entitled to vote on a residence of six months.
This language gives the right TO vote, in
clear and positive terms, to ereTy citizen, etc.,
who has been resident for the term pre-
scribed by law. ''EUery citizen" are gene
eral and comprehensive terms, and they
cannot be restricted by other words not con-
tanned in this law. By the 18th section of
the act of 1855, no previous residence is re-
quired as a qualification for voter, but the
payment of Territorial tax is made pre-
requisite. Now, it is clear, that if, when
presci ibing a previous residence of six
months, in using the general and compre-
hensive language, "eUeTy citizen,'' ETC., the
Legislature of 1857, besides that residence
for the FIST time prescribed by law, had in
tended in addition to require the payment of
a Territorial tax, they would have said so
and not having said so, such words can be
inteFpolated neither by judicial nor execu-
tive construction. In fact it is not case
'of construction at all, but of using words
which the Legislature have not used, and of
making provisos and restrictions for them,
which they have not made, and of excluding
voters from the polls, whom they have not
excluded. Besides, this is no new question.
Ii has occurred repeatedly in several States
and Territories of this Union, and, as a
principle of universal adoption, under such
laws, it is well settled, without a single ex-
cor,fior, 70 fho runlo that ru-hor.o oro Sfofo