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

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and referred to and made the basis of
many of the provisions of the latter
That Convention law prescribes previ-
Gus residence of three months and reg
istry, as qualification for voters, but is lust
as silent as the Territorial Election law on
the subject of the payment of. tax; and
yet no one has ever pretended that the
prepayment of any tax constitutes me-
cessary qualification for voter for dele
gates to that Convention. No such pay
ment OF tax was ever eXacted, and was
rarely If ever made. And such COLI
seructIon as Is nowcontended for, that be-
cause there was no direct repeal of the
tax qualification, therefore it still existed,
would ronder illegal the election of near
ly every member of the Constitutional
Convention, and impair the validity of
all their acts. The election law of 1850,
imposing the tax qualification, was gene
raj. 1t applied to ALI. subsequent cleo
tlons. to "eoe7y anAabitaH of this Terri
tory and of the county or district in which
he offers to VOTE" and to call electiUe Off
GERS" 1t was as general and comprehen-
sive in its application to cresy election
which could take place under any Terri
torial law, as the Legislature could make
1t, and would apply the restriction of the
prepayment of Territorial tax in voting
for delegates to the Convention, Just as
much as in voting for members of the
Territorial Legislature in October; upon
this alleged principle, that restrictions of
qualification in proceeding laws, arc not
repealed by general provisions in subse-
quent statute prescribing for subsequent
elections the qualifications of voters. The
Convention law required three months
previous residence and registry as quail
ification of voters, but was silent, like the
election law of 1857, as regards the pre-
pay mentof any tax; and if such pre-
payment by force of preceding enact
ments applies as a qualification for vot-
er for the Territorial Legislature in Octo-
Der, then it would just as clearly follow
that, inasmuch as the Convention act was
equally silent as to the payment of tax,
the voters for delegates to that Conven-
ton, besides the three months residence
and registry, must have paid tax also.
But the truth is, while the tax remains,
the qualification applies no more to the
election in October, than it does to the
election OF delegates to the Convention,
because it was dropped in both acts, and
because VIC have no right to insert a most
important provision that is thus omitted
by the Legislature, and because it is set
tied rule in interpreting statutes that, if
/ clofrr III Al
case, in prescribing the qualifications and
all the qualifications of voters, to SUPER
add one that was inserted in a preceding
law, they would have repeated the restric-
ton in the subsequent statute. How easy
was it for the Legislature, in prescribing
the qualification of voters under the Con-
vention or Election law, if they intended,
in addition to the qualifications named in
these laws, to require the prepayment of
a tax, to. have said so, and not left it to
Others to interpolate words which they
had excluded. They have not said so,
and that is enough.
On this subject I hayenever entertained
any doubt, and never supposed there could
be any question. And | might have de-
scfned the expression of any opinion on
either of these points, but for the certain
knowledge of the fact, communicated to
me from almost every quarter of the Ter
ritory, and from all parties, that these con-
flicting constructions of the law, if not
settled, will certainly produce collision al
the polls, and, most probably, disastrous
civil war and revolution. claim no au-
thority TO instruct the judges of election
by virtue of my official power, how they
shall decide, but | give my opinion, as
Others have given theirs, and with the
same sincerity, in the hope that it may
tend, somewhat, TO prevent the disaster
with which we are threatened, growing
out of these conflicting opinions, and tha
it may render unnecessary resort to The
military force, subject to my orders, t.
preserve the peace of the Territory. Tha
military force which is now already here
or daily arriving, is amply sufficient t.
preserve the peace of Kansas; but it is my
sincere hope, that the mere presence o
| this force, competent as it is to suppress
/ insurrection or rebellion and maintain tn,
authority of the law, will render any col
lision unnecessary.
On the 10Th of August last, / commu
nicated to the President, through the Sec
retary of State, my views on tbs subject
together with copies Of the several Ter
/ ritorial laws, and asked the aid of tn
4 President and his Cabinet to sustain me
by the moral force of their opinion, i
:. preventing collision and civil war i
this Territory, by stating that if sue
should be the fact, their concurrence wit
me in these views. In reply to this com
munication, in dispatch from the Secre
tary of State to me, under date of Ser
tember, 1851, after remarkmg most justl,
as | always eontended, that / could issu
no authoritative mandate TO the judges {
election on this subject, or control the
decision, he says:
"The Territory of Kansas is in pecu
! liar condition. By your statement, an
possessing as you do, the best means {
information, your views, in the opinio
Eof the President, are entitled to gre:
: weight is in state of ineipient rebe
lion with an organized military fore
!. prepared to resist the authority of I'll
United States.
at may, therefore, become neeessaI
to use the troops placed at your dispose
not only to aid as posse eoaaitatas in ex'
) cutting the laws, but also TO suppress a
insurrection. Surely under these circun
stances, if the expression of an opinion
advance of his action. and it may be il
/ stead of it, which the President honestl
entertains, viii have direct effort
preventing civil war in Kansas, he cal
| not be Justly censursd for attempting,
such an expression of opinion, to ave
T the calamitous result
: aThe danger you anticipate, arises.
: yen observe, from the apprehension OF
+ portion of the citizens of Kansas tn
5 they will be excluded from the privile:
, of voting, because they have not paid
t Territorial tax. Now, the President |
, well as every member of MS Cabinet, col
4 etrs in opinion with you that the pa.
q ment Of such tax is not required As
qualification to vote He and they ente
q tain not daaht Thai the 5ih section
!, the act Of February q. 1857, is compie
,s.-1f ,,,1 al fi.a rr1afifir.