The Washington union., 1857-09-29
PROCLAMATION OF GOVERNOR WALKER.
7b The People Of Kansas.
LBcoxrroS, K. T., Sept.

The first Monday In October 1857 Is the day assigned
by law for the election by the people Of this Territory
Of delegate 70 the Congress Of the United States both
branches of the territorial Legislature and various county
Offices. As the Governor of Kansas, numerous and ur-
gent cas have been made upon me by various pubic
meetings and committees by some Of the judges Of cleo
tous and also by many citizens, to communicate my
views Ia relation To the qualifications Of voters at that
election also in regard To the legislative spportion
ment, and the establishment Of voting precncts
As to the apporonment the territorial election law of
the goth of February 1857 requires to be taken under
the territorial convention act Of the 10Th February, 1857
The returns made under that and the apporon
ent for that fixed by the acting governor long
before my arrival in this Territory and Of that
matter have control whatever. Whilst IL was
cause OF deep regret to him. we'll to myself that the
census and registry incomplete in many counties
and that in fifteen counties organized election districts
under that law and entitled to vote for delegates 70 THE
convention, there neither registry and
therefore, that they could participate IN any
IN the choice OF delegates that most important
sion yet power to remedy the evil vested by law
either In him OF The only remedy rests with the
convention itself by submitting they deem best the
constitution for ratification rejection to the vote of the
people under such just and reasonable qualifications
they may prescribe That they would pursue this
heve never Doubted and although have right what
ever to interfere in atqueson yet when my individual
opinion asked this subject by members of the
yenton and Others have previous resi-
dence of three six months prior the vote upon the
adoption of the constitution just and reasonable
period OF three months being prescribed by the
Uon ktse1 as the residence voting
for delegates to the convention, and six months being
designated by the territorial election laws the previous
residence required in voting for members of the territorial
Legislature Either of these qualifications n my opinion
would have embraced the great body OF the bona dc
tiers who might be here this fell, inasmuch the con-
yenon would probably not terminate their lsbofs and
submit the constitution until time In November
and inasmuch three six months would probably be
granted by them interval between the date of sub
mission and the vote upon the constitution. repeat
however the opinion always heretofore expressed by me-
that this matter which belongs exclusively to the con-
vention over which have power except In the Ian
guage of the act ake care that the
laws be faithfully executed including that organic act
ITSELF and left at liberty citizen take such course
as in my Judgment, would most be consonant with the
principles Of Justice of the Kansas and Nebraska BILL and
OF the constitution of the United States in any contn
gency.
The apportonment of members of both branches
OF the Legislature is based, / have stated on the
census taken under the convention of the 18th of
February 1857. My power to make the apportonment
expired on the 3lst of May last leaving me but three
days exclusive OF Sunday, to perform that act after my
arrival In this Territory The territorial laws of 1857
had 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 my power the
subject had expired The existence of this apporonment
law was wholly unknown to the Secretary of State to
the probate judge of this county, to any other person
within knowledge, and the printed copies as have
stated did not reach here until the middle of June OF
course It was impossible for to perform the duty pre-
scbed in that act and to guard against the contingency
Of those laws not reaching here before first of june
the duty from and after that day devoved by law
upon the speaker of the house and president Of the
council That duty performed by the officers
designated by the law and have doubt in good
faith, although never consulted by them on
the subject. The law prohibited them from appor-
uonlng members 10 counties not embraced in the
census under the conventional law and know it to
DC matter of complaint by both parties that the dis
cs are arranged to defeat their respective cand
dates That the districts arranged by these gentle
with M bripo
voters from the State of Missouri into the adjacent coun
ties OF Kansas to control the election have the most
solemn assurance from the most authentic of in
Ieigence In that State, is wholly unfounded in fact
That the census registry was not made in fifteen coun-
ties OF Kansas owing to the neglect of the local officers
OF those counties to perform their duties many of whom
have excused themselves the allegation that means
We're provided and public money applicable to the ex
penses OF taking the and making the registry and
that they were unable unwilling make the necessary
advances themselves However this may be, have
regarded it as deporabe circumstance that those
ties could not participate in the election of delegates to
the convention but feel confident that such result
was 40 p.lcipated by the territorial Legislature.
Although of those fifteen counties could vote for
delegates to the conventonthc remedy for which lies
with the convention itself-and although no members
have been or could be apportoned them for the terrific
RAJ legislature yet the speaker of the house and the
president OF the council in conformity with the duty pre-
sci1bed by law have attached them to other legislative
districts so that they vote for members of the terri
torla legislature 1t is certainly great calamity that
ne'e oouhtc5 deprived OF their due weight In
the appointment of members for the territorial legsl
ture yet they vote for the members in the districts
to which they attached and the only result is give
700 many members of that body to counties in the
apportonment according population and not an abso
lutte denial of the right Of suffrage This result was not
Intended by the territorial legislature and could not be
prevented by the officers by whom the apportonment
was made There was intention on the part of the
territorial authorities to dsfanchse those counties But
TINS has axen from accidental causes, which have
no authority to exercise any control whatever, and
could give no legal efficiency to any vote that not
legal in itself
1t hoped that the good citizens of these counties will
vote to the extent permitted them by law looking an
early period for the remedies for all those grievances and
that we shall have revolutionary outbreak violence
at the elections which would be faught with ncacuabe
evil and attended with possible good
It will be observed that the apportonment has no eff
feet whatever upon the vote for delegate for Congress- or
for county officers in regard to both of which the
ties excluded from the apportonment for the territorial
portion to their votes the people of any other counties
of Kansas
In relation to precincts which asked to establish
the act of the territorial legislature of 1855 regulates that
subject in the 4th and 5h sections The power is there
select the judges of election but there liberal proyi
sion in the law to meet any contingency The 4h and
9th sections of the act in the following words
SSc, f. Every county that now is or that may here
after be- established shall compose an election district
and all elections shall be held at the house of such
county where has been erected If there be no court
house. then it shall be the duty of the county commission
to house in such county where the election
shall be held and if such commissioners fail to name such