The Kansas herald of freedom., 1857-09-19
AWRENCE, KANSAS, SEPTEMBER 10 1857.

e tutlen OF the United States and the pro
I Visions OF this act: Aad provided turtle,
that no officer, soldier seaman or marine
or other person in the army or navy O
| tfe United States, or attached to troop
| IN the service of the United States, shal
be allowed to vote or hold Office in sai
Territory, bg reason Of being on scrvic
therein.
The Kansas Legislature of 1856 under
took to superceRe the above section of tn
Act of Congress, and adopted the follow
ing
ELECTION LAW OF 1856. Sch. &c, D. 3332
sec. IL: Every free white male citizen 0
the United States, and eUe1y free male In
n ,diGaf who is made a citizen by treaty. O
:sat5aefteise, and over the age of 21 years, ,wht
shall be an fNHABfTANf of this Territory
and of the county or district in which ht
offers to vote, and shall haze paid Terri.
torial tar, shall be qualified elector fol-
all elective officers; and all Indians who
are inhabitants of this Territory, and ael.1
may hare adapted the customs of tie ulsitt
man, and aclio are kablet to pay ta1es, shall
be. deemed citizens: Provided, that nc
soldier, seaman or mariner in the regular
army or navy of the United States shall
be entitled to vote by reason of being on
service therein: And provided further, that
no person who shall have been convicted
of any violation of any of the provisions
OF an act of Congress entitled IAN ACT
respecting fugitiyes from justice and per-
sons escaping from the service of their
masters" approved February II, 1898;
orof an act to amend, and supplementary
Of said act, approved 18th September,
1850, whether such conviction were by
criminal proceeding or by civil action for
the recovery of any penalty prescribed by
either of said acts, in any courts of the
United States, or of any State or Terri
tory, of any offence deemed Infamous,
shall be entitled to vote at any election,
or to hold any Office in this Territory:
And provided further, that if any person
offering to vote, shall be challenged and
required to take an oath or affirmation, to
be administered by one of the judges of
! tic election, that he will sustain the pro-
visions of tie above recited acts of Con-
gress, and of the aes entitled can act to
organize the Territories of Nebraska and
Kansas" approved May 80, 1854, and
shall refuse to take such oath or affirma-
ton, the vote of such person shall be re-
jccted.
SEC. IS. 1t shall be the duty of the
Sheriff TO have his tax books at the place
81 holding elections, and to receiUe, receipt
I for, and enter upon his tax book, all tages
toIieh may be RENDERED linn on tie day of
| any election.
SEC. sc. All voting shall be BY ballot
until the first day OF November, 1856; and
from and after that time the voting shall
be UiUG Uoce.
Section. II of the Militia Law, 1856.
page 49G, calls out the Territorial Militia
on election day-the FIRST Monday of Octo-
beri
Disregardfng the provisions Of the or
ganic act, section 10, exempting Indians
from its operation, and excluding their
reserves from Territorial control, theLeg-
islative Assembly of 1855 established
voting precincts within the reserves, and
undertook to make all Indians citizens,
0tlteT,Ctse than by treaty. See Citizens
ch 90, p. 163, Laws of1S55:--
Cf1t. Il 11lI t1CloOlc, tOstS6tcJ- lTfUtQ1tS Or
Others, who are, by statutory enactment
or otherwise, made citizens of the Ter
ritory of Kansas, and to whom the rights
of citizenship have been or may hereafter
be extended, shall and are hereby de-
clared to be, for all purposes auldteUer, free
white citizens, and as such free white
citizens shall be entitled to all the rights and
privileges of such, and be subject to all the
duties, of free white citizens.
The Election Law of 1866 precluded
declaratory alien citizens from voting, and
authorized Indians to vote, although no
E,adtaas are legally citizens of the United
States until made such 6y treaty, and con-
sequently are NOT LIABLE to pay tanes.-
Il portion of the Wyandotts are, in fact,
the only Indians in Kansas who have get
legally become citizens under the treaty
stipulations.
The test oaths, prescribed in sec. II of
the Election Law. were repealed in ex-
press terms, by the "Act Prescribing
Oaths," approved Feb. IL, 1857.
SEC. 1. That so much of the eleventh
section of an act entitled can Act to regu-
late elections, 'as provided that any person
challenged as voter may be required to
take an oath or affirmation that he will
sustain the provisions of the several acts
of Congress in that section specified, be,
and the same is hereby repealed.
The Legislature of 1857 then passed
what is known as the
CENSUS AND CONVENTION LAw.-p. p
62 and 63, sec. 8, approved Feb. 19, 1857:
An election shall be held for members
of convention to form Constitution for
the State of Kansas, according to the ap-
portionment to be made as aforesaid, on
the third Monday of June next,to be held
at the various election precincts estab-
lished in the Territory in accordance with
the provisions of law on that subject, and
at such eEec tson no person shall be permit
ted to vote unless his name shall appear
upon said corrected list.
SEC. IL. Every bona lide inhabitant of
the Territory of Kansas on the third Mon
day of june, 1851, being citizen of the
United States over the age of twenty -one
years, and uho shah haze resided three
months nert betore SAID election, In the coun-
| ty in which he offers to vote, and no other
person iclaterer, shall be entitled to vote
at said election; and any person qualified
as voter may be delegate to said con-
vention, and no other.
CoUNCIL AND REPRESENTATIVE AcT-
p. 68, sec. 8, approved Feb. 20, 1857: Ev-
cry bona fae inhabitant of the Territory
of Kansas, being a citizen Of the United
States, over the age of twenty-onc years,
and who shall have resided si1m0nths in
said Territory before the merit general elec-
ton for members Of the Council and
House of Representatives, and no otber
] person ieLaterer, shall be entitled TO vote
! at any general election hereafter TO be
held in this Territory: Pyoride7,' how
ever, that NOTHING II THIS ACT CONTAIN
ED shall be considered to apply to, or AF-
Feet N ANY MANNER, the provisions of an
act entitled HAn Act to provide for tax
ing the census and election for Delegates
to convention
i Common sense will enable any man ei
ordinary intelligence to Judge, from al
Il the conflicting legislation above set forth