The Kansas herald of freedom., 1857-09-26


ties of Kansas which are to constitute the
respective Representative Districts; the
third section apportions members among
the several Representative Districts ac-
cording to the census provided for by the
Convention law; the fourth section ap-
portions IN the same manner the members
among the several Council Districts; the
fifth and last section is in these words:
SEC. 5. Every bona .tfte inhabitant of
the Territory of Kansas, being citizen of
the United States, over the age of twenty
one years, and who shall have resided six
months in said Territory before the next
general election for members afthe CeHaz
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 Territory; PsoUiclea
hO,ueUer, that nothing in this act contained
shall be considered to apply to or affect
in any manner the provisions of an act
entitled "An Act to provide for taking the
census and election 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
qualifications, and all the qualifications of
voters at all future elections. The law is
perfect and complete in itself, without any
reference whatever to preceding enact
ments. The language is free from con-
troversy. Erery bona file inhaJitant." :"
&c, "siaN be entitled to gote" The words
are imperative. 1t is the language of COM
mand from the proper authority, and no
one has any right to interrolate restric-
tions contained in preceding enactments.
1t is well-settled principle of law, as
well as of common sense, that when any
subsequent statute proceeds to regulate an
entire subject in general and comprehen-
siye language, it is in full force and effect
in and of itself, and no restriction or adj
ditiOn can be made to its provisions by
refareuce to any preceding enactments.
In such a case there can neither be addi
ton nor subtraction, and the number of
qualified voters can neither be augmented
by adding to them those who were per-
mitted to vote by preceding laws, nor be
leSsened by subtracting those who were
restricted from the right of suffrage bv
previous enactments. The words, "erery
cttizen," &c, 'and no otIleJ'' S1asqH Uote, ir-
clude all who are described 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 institutions. 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 unam-
biguous. But in this case there is no am
biguity and independent of the fact that
this act, as regards. elections and -qualifi-
cations of voters, is an act complete in
itself, and prescribing all the provisions
applicable to this subject, any interpreta-
ton by which restriction as regards the
right of voting, contained in preceding
law, should be superadded to those re-
quired in this act, would create direct
and positive repugnance to its clear and
explicit language, and, therefore, would
be most clearly repealed, by virtue of
that universal principle of Jurisprudence,
that, when two statutes contain provisions
which are repugnant, repellant, or contra
dictory, either by way of addition or sub
traction, 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 a
Territorial Tax is not among The qualif-
cations of voters under the act of 1857,
yet, that it is qualification under the act
of 1855, and therefore still in force. Let
US place them in opposite columns:
4ct Of 1857 proc6Ees: Tie 1ct of 1867, as now
EVERY Gona Gde in lconstrged would read
habitant of the Terri las follows: EVERY
tory of Kansas, being n bona fde inhabitaat oi
citizen of the United the Territory of kansas
States, over the age of being citizen of tho
u years, aud who shall United States, over tho
have resided six months age of q years, and who
in said Territory before shall have resided
the next general elec- months In said Territor,
tion for members of the before the next genera
Council and House of telec ton for members o
Representatives, and No the Council and House
OTHER person whatever 4of Representatives and
shall be entitled tovote no OTHER person what
at any general election s0eyer, shall be entitled
! hereafter TO be held in to vote at any genera
| this TerritOry." election hereafter to br
held in this Territery;'
but sHch citizen shGl
De permitted TO cote un
less ne has .fI'st pail
Territorial ttIs.
| sit not clear that the two provisions
would be directly repugnant by the adj
dition to the act of 1857 of proyiso ant
/ restriction not contained in that act, bu
in previous law. The words of the ac
of 1851 are general: Epery citizen &c.
1 shaE be entitled to vote ON residence O
six months. This language gives th
right to vote, in clear aud positive terms
to every citizen, &c, who has been a res
ident for the term prescribed by law. :" EU
cry citisea'' arc general and comprehensive
and they cannot be restricted by othe
words not contained in this law. By tn
11th section of the act of 1855, no preyi
Gus residence is required as aqualifcatio
for voter, but the payment of Terrific
rial tax is made prerequisite. Now,
is clear that if, when prescribing previou
sidence of six months, in using the gene
raj and comprehensive language, Eeer
citizen" &C., the Legislature of 1857, be
sides that residence for the first time pre-
scribed by law, had intended, in addition
to require the previous payment of a Tel
ritorial tax, they would have said so; an
not having said so, such words can be in
terpolated neither by judicial nor exeeu
tive construction. In fact it is not cas-
of construction at all, but of using word
which the Legislature have not used, an
of making provisos and restrictions fc
them, which they have not made, and {
J excluding voters from the polls whol
they have not excluded.
| Besides, this is ne new question
1t has occurred repeatedly in the sever;
States and Territories of this Union, ant
as principle of universal adoption. lsnd,
J such laws. it is well settled, without siI
gle exception to the rule, that where on
State Constitution regulating the right {
J suffrage, prescribes certain qualification
of voters, it is complete in and of itsel
and is universally regarded as repugnai
to so much of any previous Constitufiol
which either adds to or snbtracts frol
such qualification. And the same ri
prevails in relation to State and I'eFrii.
rial laws. This Is the great America
! rule of interpretation on this subjec
aFI1oFss,f1rlez from, ls,rr asa and ,tr,