The Washington union., 1857-09-29

cry bona fde inhabitant of construed would read
the Territory of Kansas, follows: q Every bona fde
being citizen of the Uni inhabitant of the Territory
ted States the age of OF Kansas, being citizen
FL years, and who shall of the United States over
have resided months in the age of FL years. and
said Territory before the who shall have resided 6
next general election for months in said Territory
members of council and before the next general cleo
house of representatives, tion for members OF the
and person what council and house OF repre-
soeyer shall be entitled to sentatives and
vote at general election person whatsoever be
hereafter to be held in this entitled to vote at any gen.
Territory" eral election hereafter to be
held in this Territory -
but no aeh citizen shall be per-
.aihed 10 cote unless he has at
first paid territorial tar.
1t not clear that the two provisions would be directly
repugnant by the addition to the act of 1857 of proviso
and restriction not contained in that but in previous
law The words of the act Of 1857 general Every
citizen, &c. shall be entitled to vote residence of six
months This language gives the right to vote in clear
and positive terms, to eury citizen, &C., who has been
resident for the term prescribed by law " Epey citizen
general and comprehensive terms and they cannot
be restricted by other words not contained in this law
By the lth section of the act of 1855 previous resi-
dence is required qualification for voter but the
payment of territorial tax is made prerequisite. Now
is clear that IT. when prescribing previous residence
of six months, In using the general and comprehensive
language, eury citizen, &c. the legislature of 1857 be-
sides that residence for the first time prescribed by law
had intended IN addition to require the previous payment
of territorial tax, they would have said and not
having said such words be ntepolaed neither by
judicial executive construction. In fact it is not
of construction at ALL but of using words which the
legislature has 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
cluded. Besides this is question IL has
red repeatedly in the several States and Territories of this
Union and principle of universal adoption, under
such laws. it Is well settled without single exception
to the rule that where State constitution regulating
fkn, nf
voters 1t is complete in and Of ITSELF and is universally
regarded epugant to much Of any previous consti
tuition which either adds to subtracts from such quail
fcaon and the same rule prevails in relation to State
and territorial laws. This is the great American rule
Interpretation this subject amounting from longes-
tablished and universal usage to the force of law
If there could have been any possible doubt on this
subject 1t is removed by the provisions of the territorial
convention law, passed on the day preceding that
which enacted the election law and referred to and
made the basis of many of the provisions of the latter
That convention law prescribes previous residence of
three months and registry qualification for votes
but is just silent the territorial election law the
subject of the payment of tax, and yet has
pretended that the payment of any tax constitutes
cessary qualification for voter for delegates t. that
vention. No such payment of tax exacted,
and was rarely if ever made And such construction
contended for that because there direct
peal of the tax qualification therefore it still existed
would render illegal the election of nearly every member
of the constitutional convention and impair the validity
of oil their acts The election law of 1857 imposing the
qualification law was general 1t applied to all subse-
quent elections to every aan of this Territory and OF
the county district in which he offers cote land to
all elective officers " 1t general and comprehensive
in its application to eey election which could take place
under any territorial law the legislature could make it,
and would apply the restriction of the payment of
toria tax in voting for delegates to the convention just
much in voting for members of the territorial ega-
ture in october upon this alleged principle that rcsrc-
ons of qualification in preceding laws and not repealed
by general provision in subsequent statute prescribing
for subsequent elections the qualifications of voters The
convention law required three months previous resi-
dcncc and registry qualification of voters but
silent like the election law OF 1887 regards the pre-
payment of any tax and If such prepayment by force
preceding enactments applies qualification for voter
for the territorial legislature in October then it would
just clearly follow that nasmuch the convention act
equally silent to the payment of tax the voters
for delegates to that convention besides the three
months residence and registry, must have paid tax
also But the truth is while the tax remains the quail
fcaon applies to the election in October than it
does to the election of delegates to the convention be-
ii dropped in both acts and because we have
right to insert most important provision that thus
omitted by the Legislature and because it settled rule
in Interpreting statutes that If the legislature had intend
ed in either case in prescribing the qualifications and
oil the qualifications of voters to superadd one that was
inserted in preceding law they would have repeated the
restriction in subsequent statute How easy it for
the legislature in prescribing the qualifications of voters
under the convention election law If they intended
in addition to the qualifications named in these laws to
require the prepayment of tax to have said So and not
left it to others to nterpolate words which they had
cluded. They have not said so, and that is enough
On this subject have never entertained any doubt
and never supposed there could be any question and
might have declined the expression of any opinion
either of these points but for the certain knowledge
the fact communicated to from almost every quarter
Of the Territory and from all parties that these conflict
ing constructions of the law if not settled will certainly
produce collision at the polls and most probablya dis
astrous civil war and revolution claim no authority
to instruct the judges of election by virtue Of my official
power how they shall decide but give my opinion,
Others have given theirs and with the sincerity in
the hope that may tend somewhat TO prevent the dsas
ers with which threatened growing out of these
conflicting opinions and that 1t may render unnecessary
resort to the military force subject to my ORDERS to pre-
the peace of the Territory. That military force
which is already here, daily arriving amply
sufficient to preserve the peace of Kansas but il my
sincere hope that the presence Of this force compc
tent il is to suppress nsurrecon rebellion and
maintain the authority of the law, will render any coi
sion unnecessary
On the 10th Of August last communicated to the