The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1857-10-08

oI NallSaS Is owing 10 tHe ueSicct vi tnc Io-
cal officers of those counties to perform
their duties, many of whom have excused
themselves, on the allegation that 10 means
were provided and no public money appl-
cable 10 the expenses of taking the census
and making tho registry, and that they
were unable or unwilling to make the ne
ccssary advances themselves. However
this may be. have ever regarded it as a
deplorable circumstance, that these counties
could not participate in the election of dele
gates to the Convention, but feel confident
that no such result was anticipated by the
| Territorial Legislature.
Although none of those fifteen counties
could vote for Delegates to the Convention
the remedy for which lies with tho Con-
vcntion i,self-and although no members
have been or could be apportioncd them
for the Territorial Legislature, yet the Speak
er Of the House and Prcsid ent Of the Coun-
Gil, in conformity with the duty prescribed
by law, have attached them to other lcgis-
lative districts, SO that they can vote for
members Of the territorial Legislature. 1t
is certainly a great calamity that these
counties are thus deprived Of their due
weight i'll the appointment of members for
the Territorial 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 counties in the apportionmcnt, accor-
ding to population, and not an absolute de-
nial of the right Of suffrage. This result
was not intended by the territorial Legisla-
turc, and could not be prevented by the
officers by whom the apportionment was
made. There was no intention on the
part of the territorial authorities to disfran-
chise those counties. But this has arisen
by accidental causes over which l have no
authority to exercise any control whatever,
and could give no legal efficiency 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 out
break or violence at the election, which
would bc fraught with incalculable evil and
attended with no possible good.
1t will be observed that the apportion-
ment has no effect whatever upon the vote
for delegate for Congress, or for county Of
ticcrs 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 counties Of Kan
sas.
In relation to precincts which am asked
to establish, the act of the Territorial Legis-
lature of 1855 regulates that subject in the
fourth and fifth sections. The power is
there given to the county officers to estab-
lisli the precincts and select the judges of
election, but there is a 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
an election district, and all elections shall be
held, at the Court House of such county,
where one has been erected. Ii there he no
Court House, then it shall be the duty of the
County Commissioners to name house in
such county where the election shall be held;
and if such Commissioners fail to name
such house twenty days before tie election,
1t shall be the duty of the sheriff to name
such house. In either of the last cases, the
sheriff shall give notice Of the place of hold.
ing the election Ly written advertisements
set up in at least six public places in such
county, or by advertisements in some news
paper published in such county, at least ten
days before the day of the election: Provi-
ded that the County Commissioners may,
from time to time establish such additional
election precincts as may seem. to them me-
cessary or proper provided, further, hon.
ever, that in no case shall more than one
precinct be established in any one munich
pal township.
Sec. s. The County Commissioners shall
appoint the judges of the election in each
county or voting precinct, at least ten days
before the election at which they are to
act; and If, at the hour for the opening Of
the polls, such judges are not present, then
the voters assembled shall have power to
elect others to fill the vacancy or 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,
the sheriff, or by any officer authorized to
administer oaths do swear Tor affirm, J
that will impartially discharge the duties
ofjudge OF the present election according
to law and the best Of my ability.
AS to the judges of election, then there