The Kanzas news., 1857-10-03


by the Territorial Legislature.
Although none of those fifteen counties
could vote for delegate to the convention
(the remedy for which lies with the conven,
ton itself, )-and although no members have
been or could be apportioned them for the
Territorial Legislature, yet the Speaker Of
the House and the President of the Coun-
Gil, in conformity with the duty prescribed
by law, have attached them to other Iegisla-
tive districts, so that they can vote for mem
bers of the Territorial Legislature. 1t is
certainly great calamity that these coun-
ties are thus deprived of their due weight in
apportionment of members for the Terrific
rial Legislature, yet they can vote for the
members in the districts to which they are
attached, and the only result is to give too
many members of that body to some coun-
ties in the apportionment, according TO pop
ulation. and not an absolute denial of the
right of suffrage. This result was not in
tended by the Territorial Legislature, and
could not be prevented by the officers by
whom the apportionment was made. There
was no intention on the part of the Terrific
rial authorities to disfranchise these coun-
ties. But this has arisen from accidental
causes, over which have no authority to
exercise any control whatever, and [ could
give no legal efficacy to any vote that was
not legal in itself
1t is hoped that the good citizens of these
counties will vote to the extent permitted
them by law, looking to an early period for
the remedies for all these grievances, and
that we shall have no revolutionary outbreak
or violence at the election, which would be
fraught with incalculable evil and attended
with no possible good.
It viii be observed that the apportion-
ment has no effect whatever upon the vote
for Delegate for Congress, or for county Off
GERS; in regard to both of which, the coun-
ties excluded from the apportionment for
the Territorial Legislature have the same
rights and influence, in proportion to their
votes, as the people of any of the other
counties of KanZas.
In relation to precincts, which | am ask
ed to establish, the act of the Territorial
Legislature of 1855, regulates that subject
in the fourth and fifth sections. The power
is there given to the county officers to es-
tablish the precincts and select the Judges
of election, but there is liberal provision
in the law to meet any contingency. The
fourth and fifth sections of the act are in the
following words:
''SEC. 4. Every county that now is, or that may
hereafter be, established shall compose election
district and all elections shall be held at the court
house of such county, where one has been erected.
If there be court house. then it shall be the I,-
ty of the county commissioners to name a house in
such county where the election shall be held; and
if such commissioners fail to such house
twenty days before the election, 1t shall be the du
ty of the sheriff to such house. In either of
fha lacf fh. hall
of the place of holding the election by written ad
vertsenents set up in at least six public places in
such county, or by advertisement in some newspa-
per published in such county, at least ten days be-
fore the day of the election: PT0rided, that the
county commissioners may, from time to time es-
tablish such additional election precincts may
seem to them necessary or proper; PTortded further
hOreUer, that in no case shall more than pre-
cInct be established IN any one municipal town
ship
"SEc. 5. The county commissioners shall ap-
point the Judges of election in each county or vo-
ting precinct at least ten days before the election
at which they to act; and if at the hour for the
opening of the polls, such judges not present
elect others to fill the vacancy vacancies thus
occasiOned- Said judges shall, before they enter
on the discharge of their duties, take the following
oath or affirmation, to be administered by one OF
their own body, by the sheriff, or by any officer
authorized to administer oaths: do swear Tor af-
frm) that 1 will inpartially discharge the duties
of Judge of the present election according to law
and the best OF my ability"
AS to the judges of election, then, there
can be no difficulty under this law, the pow
er being vested in the people at the several
precincts, In case the county officers fail to
perform their duty; and if there be no pre-
cincts, then the election can only be held at
the seat of justice provided by law for each
county. 1t has been suggested that this
power is given to me under the convention
law of the 10Th of June, 1857, to establish
precincts. 1t is true that very large and
comprehensive powers are given TO the Gov
ernor of the Territory by that law, to which
l shall have occasion hereafter to refer, and
which seem to have escaped public attention;
but those powers are especially confined to
my action under that law, and confer no au-
thority In this respect, in regard to the Oc-
tober election. With me, this is matter OF
most sincere regret, inasmuch as it is now,
and always has been, my most anxious de-
sire to see afull and fair election held in Oc-
tober next, and to contribute to this result
to the extent of all the authority deyolved
upon me by law. By the act of Congress,
however, of the 3Oth of May, 1854, organ
ising this Territory, and which is still in
full force, In that respect, on this subject,
1t is declared in the 33rd section, that, ''the
person having the greatest number of votes,
shall be declared by the Governor to be du-
ly elected, and certificate thereof shall be
given accordingly AS regards the Ter
ritorial Legislature, the certificate is to be
given by the Secretary of Stale, who is to
count the votes in the presence of the Gov
ernor; and in relation to the local officers,
this duty, in case of contest. is devolved up
on 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 l might not have
felt called upon to 6 i've any opinion upon the