The Kansas herald of freedom., 1859-09-17
The 4}stalo Of Freedom.
LAWRENCE. X. II.
saturday Morning, Sept. II, 1883.
Proclamation,

Eg;ng for the formation of Constitution and
State government for the State Of Kansas, j.
uTGH s. WALSH, Acting Governor Of the Ter
.tary Of Kansas. do hereby issue this proclama-
,ion TO the officers in the respective counties, |
townships. wards and election districts OF the
Terrilory and the people thereof. t3Ihe said act
-sanires That the Governor of the Territory
.baIl issue his proclamation notless than twenty
dgys next preceding each respective election
nr,yided form this act, Said proclamation shall
contain an announcement. Of the several cleo
,;ns be qualifications Of electors the manner of
soalsctial said aectioRs and Of making BereturHs
tsref ds AereiHgrfe!' Pro0fded for. and shall pub
ii.h such proclamation in one newspaper in each
II the several counties Of this Territory in which
= pess spaper may then be published"
TINE OF HOLDING THE ELECTION.
The said act requires that on the first Tuesday
Of October 1850, the Constitution thus framed,
shall be submitted TO direct vote Of the quail
fed electors Of the TERRITORY Of Kansas for
their ratification or rejection, in such manner
snd form as the said Convention MAJ prescribe" :"
THE MANNER AND PORN
Of rstifying or rejecting the Constitution
framed bg the Convention, at Wyandott, ON the
e0th DAY Of July 1853, as prescribed b. the Com
rention in section loot the schedule to the Con.
,ttutiOn. is as follows: Each elector shall ex-
press his assent or dissent by voting a written
5r printed ballot labe ed For tie C0hstiution or
Agliqsf the C0hsfitUtiOH." and section 25 of The
sane schedule provides that each elector shall
be permitted TO vote on the Homestead provision
contained in the article on 'Miscellaneous,' b.
dspositing ballot inscribed, For ne Homestead,
OF AgGiast he Homestead, :"
QUALIFICATION OF VOTERS.
Section ii Of the net which requires the Gov
ernor 70 issue tAls proclamation, provides that
The q1aljhcatio Of voters shall be as follows
All whlte male citizens of the United states
ahd all those vino shall have declared on GA h their
intention 60 become such, and al male Indians
gbo ase been made citizens of the United
olate by treaty or 0Meva1fse, and who shall be
over the age Of twenty-One years and who shall
h sc been 6OHGfde inhabitants Of the Territory
Il Kansas for the period of six months ext pre-
eeeiing each Of the respective elections provided
for b. this act, and who shall have been bona fde
inhabitants Of the County in which thoy may
oferto vote for TEN DAYS next preceding each
Of the respective elections aforesaid, and none
others, shall be entitled to vote at the several
elections hereinbefoIe provided for; PrOUided
That no 0ihcer, 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
bold othee under the provisions Of this act, by
reason Of being on service in this Territory"
The above are the qualifications Of voters as
required b. the law of the Territory providing
for the elections under this act, and are in direct
conflict with the provisions rs prescribed by the
Constitutional convention, which limits the
right Of suffrage to such persons as are made
voters By the Constitution, and xtends the time
for exercising the right of suffrage from ten days
in the county to thirty days in the township or
ward in which citizen may offer to vote, and
also prescribes that the voters shall have been
duly registered according to the provisions Of the
registry law OF this Territory.
These provisions for the qualifications Of vo-
tiers under the Constitution are not now the law
Of the land and will not be until the Constitu-
tlOn is adopted, and arc not binding upon the
people 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 bJ 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 b. the Convention
assembled at WyandOtt. (See chapter 81 of the
laws of 1881
MANNER OF HOLDING THE ELECTIONS.
According to the law providing for Constitu-
lion and State government, approved Febru-
ary ii, le5s.
Sec. 10 That ali the elections provided for
b. this Act shall be BY ballot.
Sec. 10. That the persons who may be judges
Of election in the several voting precincts Of this
Territory, at the times Of the respective elections
provided for in this act, shall be the judges of
the several respective elections hereinbefore pro-
vided for.
See, "A. That the said judges of election, be-
fore entering upon the duties of their Office, shall
take an oath faithfully to discharge their duties
As such; said oath shall be administered TO them
b. any person duly qualified by law to admins
ter Oaths; and in case no person thus qualified
shall be present at the time of opening of said
elections then said judges are hereby authorized
and required to administer such oath to each
other, They shall appoint two clerks Of el lection
who shall also be sworn by said judges, faithful
H to discharge their duties as such In the
event Of any vacancy or vacancies Recurring in
the board of judges, the bysi and ers shan supply
ber. Nv ---
Sec. l5 That at the sew sral elections provided
i9r IN TINS Act the polls shall be opened between
VI ar nlne an ten o'clock. A. NJ, and
At a,,.1 1-ks
sec. 10. Ihat 20 tribunals transact ug county
p business ol the several counties, shall cause to
SL 60 the several boards of judges, in
tnelr resp Jctive counties two poll books for each
electl3h. nereinbefore provided for, upon which
W Wy Jerks of election shall inscribe the name
ton.
Sec. IL. That, after the closing Of the polls at
each Of the aforesaid elections, the judges of such
election shall proceed to count the votes cast and
designate the persons or objects for which they
were east, and shall make two correct tally lists
See, IS. That each of the boards Of judges
shall hold in safe keeping one poll book and tally
iist and the ballots east at each respective cleo
tl0n, and shall, within ten days after said cleo
ton, inclusive, cause the other poll book and
taliy list to be transmitted by the hands of q
sworn otheer, to the clerk of the tribunal
ranSactlng county business Of the counties in
which said elections were holden, or to which
the county may be attached for municipal pur-
poses. e
oANvAssING THE VOTE.
Sec. 10. That the tribunals transacting county
business, shall assemble at the county seats of
tielr respective counties, on the second Tuesday
alter each Of said elections and shall canvass the
votes cast at the elections held in the several
counties attached for municipal purposes. They
shall hold IN safe keeping the poll books and
taIly lists OF said elections and shall, within ten
days thereafter. transmit by the hands of a sworn
oincer. to the Socs1JtoT of the Territory, a GER
tined abstract OF the same, showing the number
OF votes cast Tor each person or object voted fol
al each OF the several precincts in their reSpec
tive counties, and, at each of the several pre-
cincts in the counties attached for municipal
purposes, separately.
Under the conflicting provisions of the Law
Tor the formation of Il Constitution and Stat,
government for the State of Kansas" with thu
provisions and regulations Of the Constitutions
convention, as provided in the schedule to tn,
Constitution, now to be submitted to the vote oi
the people for ratification or rejection, respec T.
ing the qualification Of voters, and the manner
Of making the returns, as well as the duties O
the Governor of the Territory under the law, i
becomes necessary for me tocall attention to tn,
sd section Of the Act, in order that there ma,
be no mlsapprehension Of the rights of the citi.
zen, and the duties Of the officers at this elsc
ucni s n and 70 enable the people who are citizen
submitted.
The 23d section of the Act providing for tn
formation Of a Constitution aud State govern
ment for the State of Kansas" approved Febru
arIll, 1859, is as follows:
Sec. .. That, if any officer or person shall vic
late any OF the provisions of this Act he shall b
deemed guilty Of misdemeanor, and subject /
anne of not less than twenty nor more than iiv
hundred dollars, or shall be imprisoned in tn
county jail for period not exceeding ten years
u p9th, al the discretion Of the court; and i
shail be the duty Of the prosecuting attorney Q
the several counties 10 prosecute, in the nam
and behalf Of the Terrisory, all violations Of tn
provisions OF this Act, before any court hAvin
competent jurisdiction.
The law providing for the formation ofSa Cor
sitntohand State Government, is a special Ia,
lor the purposes described therein and in i. M
stated the qualifications Of voters and the tsr,
ot residence, and has no reference 10 tjoe Gar
eral Election Law passed and approved Esbrus
= 1853, and which prescribes tires month
residence only, and ten days re.sidencc in Ii
heglstry made for three mont,as' voter, Is man
Iestiy no check upon iilcgsl voting under th
aw,whieh requires six mo aths' residence, and