New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-15

TN bnpcognbs 10 merely 20 escape its supposed
odium and 10 prevent the Irish, whs have gen.
orally been faithful from going Oh. But mere Is
Judge Catos reply: s
JUDGE CATO ON THE ELECTION LAW.
LycosProS, X. T., Aug. 4, 1871.
GENTLEMEN: Your note of the 3lst ult. Ii before
me- asking an expression of my views as to wnethef
the 5h section Of the act Of the last Legislature re-
peaed the act of the former Legislature, prescribing
the aualc atoms of SOters. ara unable 10 see any
immopriety in giving an opinion on the question your
pote presents. II is simply an opinion, however Gu
titled 10 10 more weight than any other citizens.
You have copied in your note the section referred
10. hence need only give my views 10 relation TO H.
am clearly If opinion that the Legislature intended
70 sn<yaad 10 the other qualifications Of the then ex
is;ug la#, that of being bona tide inhabltant who
shall have resided in the Territory SIX morhs before
NEXT general election. There Is no clause IN the act
Of The last lie ssstre expressly repeating the election
law as il STOOD before tho passage OF the act and the
rule which governs in cases OF repeal by implication
il 10 exsmine the provisions of both the old and new
statutes and if there be no inconis'ency ID ,ael pro.
visions if they are all reconcllabe with each otner
and can have full operation, there II no repeai Oh
thu former by the latteT . ~ =.
The only inconsistency Observable between the
election it stood, up to the passage Oh inc MIN sec
ton Is this: The election law as 1t stood required
simply mere nhabtancy, and the eAsung law re-
auires an actual residence OF sX months am sats-
fed that the last Legis stre intended to make no iur
tber charge, haring the payment q derTnsr 70
TIE RIGHT TO VOTE AT OUR NEAT GEN
ERAL ELECTION. .
agree with you in the opinion that the fifth section
of the act Of the last Legislature void so TAR as IL
confines the right to vote to citizens OF inc onl'eo
States only who possess the other qualifications pre-
scrbed because the organic act contains an express
prohibition OF the passage of any law winch would de-
prye persons Of the right to vote who have declared
ON oath their intention TO become citizens. ana nave
taken an oath to support the Constitution OF the
United States and the organic act.
Returning my thanks for the expression OF your con-
fidence in my opinion,
remain most Tys opt db. Servant, Sc CATO
The indecorOus character of this extra;judcial
decision, by which the rights of the people in sup
pOsed case are prejudged without hearing, is only
one feature of this outrage. Without citation,
without hearing, without an appeal 1t Is adludged
that all men who have not certificate of the pay
ment of bogus taxes shall not roe. 1t is needless to
add that this decision will govern the election, and
was obtained expressly for such purpose. 1t is q
fragrant violation of one of the dearest privileges OF
the American citizen, and thus wrung from them by
Il Federal officer.
Put there are other features of this decision wor
thy of note. 1t will be seen that the Judge decides
one portion of the law to be "vod." Everybody
must see that the section dstranchising those who
have not paid taxes to support the usrpation, Is not
less in violation of the organic act and should have
been 60 pronounced by Judge Cato, il there had
been any prOprety in bis deciding at all on the sub
ject. The "sx months" clause, which cuts off the
whole emigration of this year, is liable to the same
objection, Here then is not only an cxtra;judicia
decision, but partial, inconsistent and palpably
unjust one If Judge Cato had the right to deter
mine in the premises at all, he certainly had the
right to decide fairly. That he has not done 50, is
only another evidence that all the Federal appointees
in this Territory are leagued with the cause oil
Slavery.
From all these facts twill be seen that the whole
of the Federal power is about to be applied not
only to legalize past fraud but fraud IN the future
Without such fraud the election could not be carried
and the Ohgarchy have determined to carry 1t.
Their infamous apportonment has cut of one half
OF the Territory intensely Free-Sate haf-from
representation, or has given them only nominal
representation. Polls can only be opened at such
places AS shall be determined by the bogus officials,
aud Gov. Walker has decided in advance that no
returns shall be received which do not come from
regular precinct, opened and conducted oy bogus
appoinees The returns of the election are not sent
fir, On the Judges Of the election to the Executive
Office but must go through the hands OF the boSu'
County Judges, who examine them and make GER
flied return Then by the SIX months provision tho
Whole Of this seasons large emigration Is cut Oh
Furthermore, no one shall vote who has not re-
ceipt for the bogus taxes which the Free-State men
universally repndiate; and lastly, the bogus Judges
Of election the discretionary arbiters III all tnese
matters as there is fixed rule to guide them, ex-
cept those enumera ted. Such is the speclous trap
balted for the people, and thus cunningly set to
catch the unhappy people of Kansas in October.
Examine it carefully, o ye conservative Union
savers who bolster such iniquty, and then tell US
canddly what YOU would do in such sltuatOH
One hing had almost forgotten was the unpar
alleed impudence of the correspondence have sub
mited. After coOlly contemplating the dlsfranchs
meht Of all the Prostate American citizens Of
Kansas, they pretend bypOcritical regret because
certain portion of foreign eEgrants not naturalzed
are not permitted to vote. A Judge OF the Federal
Couts soOps to an extra, Judicial decision in order
to declare the section operating against these latter
vol while in the breath he decides that three
fouiths Of the people OF Kansas shall not be per-
IDited 10 vote.
The man who requires 10 be told that oil OF these
things Indicate q determination on the part of the
Slave Olgarcby to m1ntain their power III Kansas,
and also that such 81 stematic course Of yiainy
will surely result in future trouble for this -starfed
Territory, is either sbOrt-siglted or willtuly blind
Such higrant acts justify any and every resistance
to them. Not only do they Justify it, but it is i'm
possible to contemplate any escape from these
nlesLes Of iniquity short OF breaking the tyrants
net.
The Kansas question assumes still gravcr aspects.
There il too much reason to apprehend a renewal
of the system Of legal persecution. 1t has been
found that even cunning fraud, executive lies, and
the system of chicanery are not safe. Direct tyr
amy Is the only aeInatiye. This must necessarily
be carried on against citizens Of the United States
in violation of their rights under the Constitution.
HreiDg presses will sustain the tyranny Of the des
pots because the ,uerers not of their party and
another fatal stab be made at American liberty.
The fearful responsibility and perplexity which
surround the Free-State men of Kansas must be
felt BY all. The breach in which they stand is
fearful one, and no common shsrc OF all that is
good in our Government is in their hands, and
Trembling ON the feartiIl issres. They indeed arc