The Kansas herald of freedom., 1859-09-24
cANvAssISG THE rort

Sec. 10. That the tribunals transacting county
business, shall assemble ut the county seats Of
their respective counties, on the second Tuesday
after each of said elections and shall canvass the
votes cast at tne elections held in the several
preclcts In their respective counties, and OF the
Counties attached for municipal rurposes. They
shall hold in safe keepina the poll books and
tally lists of said elee tions and shall, within ten
days thereat Ter, transmit by the hands of sworn
Oticef' 10 the Governor Of the Territory, Ger
titled abstract Of the same; showing the number
of votes CASTOR each person or object voted for
at each Of the several precincts ip their respec-
tive counties, and, at esah pt the several pre-
cincts in tho oourties attached for municipal
purposes, separately.
Under the conflicting provisions of the law
for the formation of a Constitution and State
Government for the State of Kansas" with the
provisions and regulations Of the Constitutional
Convention, as provided in the schedule to the
Constitution, now to be omitted to the vote Of
the people for ratification or rejection, respect
ing the qualification Of voters, and the manner
Of making the returns as well as the duties Of
the Governor of the Territory under the law, it
becomes necessary for metO call attention to the
I'D section Of the Act, in order that there may
be no misapprehension Of the rights Of the citi-
zen, and the duties of the officers at this elec-
tion, and to enable the people who are citizens
of the Territory TO give full and fair expression
of their opinion for or against the propositions
submitted. ---4
The 23d section of the Act providing for the
| formation of . Constitution and State govern
ment for the State Of Kansas" approved Febru-
| ary ii, 1853, is as follows:
Sec. %. That, if any officer or person shall vio-
late any of the provisions OF this Act he shall be
| deemed guilty OF a misdemeanOr, and subject to
fine OF n0tless than twenty nor more than five
hundred dollars, or shall be imprisoned in the
county jail for period not exceeding ten years,
or both, at the discretion of the court; and it
shall be the duty Of the prosecuting attorney Of
the the several % counties 70 prosecute. in the name
| provisions Of this Act, before ans court having
competent jurisdiction.
| The law providing for the formation of Con-
sht1tion and State government, is special law
for the purposes described therein, and in it are
stated the qualifications Of voters and the term
| of residence, and has no reference to the Gen
eral Election Law passed and approved Februa-
| ~ 4, 1859, and which prescribes three months
residence only, and ten days residence in the
ward or township, and q registry of voters. A
Registry made for three months voters, is mani.
festly no check upon illegal voting under thi;
law, which requires six months residence, and 4,
not dppiicdbetO 10 Mis election. and if parties car
| vote b. reason Of being registered, great fraud.
can be committed against the Act providing fol
color of law. and that which was intended as
means of preserving the purity Of the ballot box
may be the most expert means Of dehling it. anC
adroit manner of concealing the fraud; while il
those counties and townships which have no
completed the registry for this election, grea
injustice will be done to bona 6ds residents, VIII,
are justly entitled to vote, and without who's
votes no fair expression Of opinion upon the Con
stitution can be obtained.
Judges Of election at the different precincts
will do well to bear in mind the provisions of tn
ed section Of this law, and not subject them
selves to its penalties, BY attempting to depriv
any bona fde citizen Of the privilege Of voting
BY any regulations set up By the Convention, con
trary to its provisions.
Boards of County Canvassers will also bear il
mind that the nineteenth section Of this sam
Act provides that certified abstract of the re
turns of the election must be transmitted. with
in ten days after the canvass Of the votes. By th
hands Of . sworn oficer, 10 the GOVERNOR o.
The TERRITORY, at Lecompton, and not |
J. NJ. Winchell, the President Of the Constitu
tional Convention. at Topeka, so that all thins
respecting this election may be done legally an
: in order, and No conflict arise, whereby thelega
ity Of this vote may be calledin question.
Given under ms hand, At Lecompton, thislo
day Of September, A. ID. 1853.
HUGH S. WALSH,
Acting Governor Of Kansas Territory.