The Kansas herald of freedom., 1859-09-24
Proclamation.

| n Accordance with an act passed By the Legis-
L latiye Assembly Of Kansas Territory and ap-
proved February II. 1889. entitled AN act pro-
yidiDg for the formation OF q Constitution and
HUGH 5. WALSH. Acting 0oterner Of the Ter
rltory OF kanzas, do hereby issue this procIama-
tion to the officers in the respective counties,
townships. wards and election districts of the
Territory and the people thereof The said act
requires That the Governor Of the Territory
shall issue his proclamation notless than twenty
DAYS next processing EACH respective election
contaiA an ennouncement of the several elec-
lions. ne Qadl. .redftons Of DEBTORS, the nsdaHer Of
e2ndEcttng sad eecfions and Of making tteresurs
hsh such reclamation in one newspaper in each
OF the several countiesof this Territory in which
newspaper may then be published"
TINE OF HOLDING TIE ELECTION.
The said act requires that on thefirst Tuesday
OF october, 1859 the Constitution thus framed,
snail be submitted to direct vote Of the quail
ited electors Of the TERRtTORY Of Kansas for
and form as the said Convention may prescribe"
THE MANNER AND FORM
OF ratifying or rejecting the Constitution
e9th day Of July, 1883. as prescribed by the Con-
vention in section lOof the schedule to the Con.
stitution. is as follows: Each elector shall ex-
press his assent or dissent by voting written
A0diast TIE CohstftutiOR." and section 25 Of the
same schedule provides that each elector shall
be permitted to vote on the Homestead provision
contained in the article on Miscellaneous, BY
depositing a. ballot inscribed For The Homestead,
or AgdiNst Ge homestead"
QUALIFICATION oR VOTERS.
Section II of the act which requires the Gov
ernor to issue this proclamation, provides that
the qualification of voters sial be as follows;
All white male citizens of the nited states
" a u n n a n n
intention to become such, and al male Indians
who have been made citizens of the United
States, By treaty or otaerTcise, and who shall be
have been bondfde Inhabitants Of the Territory
of Kansas for the period of six months next pre-
ceeding each Of the respective elections provided
for By this act, and who shall have been oondpde
inhabitants of the County in which they may
offer to vote for TEN DAYS next preceding each
of the respective elections aforesaid, and none
others. shall be entitled to vote at the several
elections hereinbefore provided for; Proctded,
That no officer, soldier. seamen or marine, or
other person in the army or navy of the United
States, or attached to the troops in the service
of the United States, shall be allowed to vote or
hold office under the provisions Of this act, by
reason of being on service III this Territory"
The above are the qualifications of voters as
required BY the law of the Territory providing
for the elections under this act and are in direct
conflict with the provisions as prescribed BY the
Constitutional convention, which limits the
right Of suffrage to such persons as are made
voters BY the Constitution, and extends the time
for exercising the right Of suffrage from ten days
in the county to thirty days in the township or
ward in which a citizen may offer to vote, and
also prescribes that the voters shall have been
duly registered to the provisions OF the
registry law Of this Territory.
These provisions for the qualifications Of vo-
ters under the Constitution are not now the law
of the land and will not be until the COnstitu-
tion is adopted, and are not binding upon the
people or officers Of the Territory and must in no
way interfere with the rights and privileges of
the citizens or the duties of the officers under
the Territorial law.
The organic act of the Territory is the rule of
action until Constitution is adopted and
State government formed; and the organic act
directs that the qualifications Of electors are to
be defined and prescribed b. the Legislative As
sembly, which has been done for the purpose of
voting at all elections in connection with the
formation of Constitution and State govern
ment for Kansas Territory by the Convention
assembled at Wyandott. (See chapter 81 of the
laws of 1887