The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-08-20

Sec. Il That the Governor of the Ter
rltory shall. on the fourth Tuesday after
each OF the said elections, issue his procla-
nation and cause the same to be published
IN not less thsn three of the most promi-
nent newspapers of Kansas Territory, de-
clsring the result Of the said elections in
the several precincts Of the several coun-
ties of the Territory of Kansas; and be
shall forthwith proceed to issue certifi
Gates Of election to all persons (if any
thus elected.
The qualifications of electors are speci.
fed in the 11th section of the same act, as
follows:
Sec. IL. That sll white male citizens of
the United States, and all those who shall
have declared on oath their intention to be-
come such, and all male Indians who have
been made citizens of the United States by
treaty or otherwise, and who shall be over
the age of twenty one years, and who shall
have been bona tide inhabitants of the
Territory Of Kansas, for the period of six
months next preceding each of the re-
spective elections provided for by this
Act. and who shall have been bona tide in
habitants of the county in which they
may offer to vote for ten days next pre-
ceding each of the respective elections
aforesaid, and none other, shall be entitled
to vote at the several elections hereinbe-
fore provided for.
1t is not even required that their names
shall be registered. Nor does the registry
law furnish any guarantee against illegal
voting; for in taking the registry, resi-
dence Of three months is one of the quail
fcations Of voting, furnishing no means
whatever for deciding how large proper
ton of those registered have been in the
Territory six months. The registry law
may be Of value in regard to Territorial
elections, to prevent frauds; but it is of no
value in regard to the Constitutional cleo
tions. In accordance with this section of
the law, Gov. Medary, in specifying the
qualifications Of voters, must include CIV
ilized Indians, and the judges of the
elections are required to receive their
votes.
The election officers, the Board of
County Canvassers, and the Governor of
the Territory are required to conform to
the Convention Act in all particulars, un-
der liability to heavy penalties.
Section 20, Which is imperative in it,
character, provides:
Sec. %. That if any officer or person
shall violate any of the provisions Of this
Act. be shall be deemed guilty Of misde-
meanor, and subject to a fine of not less
than twenty, nor more than Ave hundred
dollars, or shall be imprisoned in the coun-
ty Jail for period not exceeding ten
years, or both, at the discretion Of the
court; and it shall be the duty of the
prosecuting attorneys of the several coun-
ties to prosecute, in the name end behalf
of the Territory, all violations of the pro.
visions of this Act, before any court hav-
ing competent jurisdiction.
The Organic Act makes it the duty of
the Governor of the Territory to stake
care that the laws be faithfully executed"
This is his sworn duty. The last Terri
torlal Legislature, under heavy penalties,
imposed certain duties on him in connec-
ton with the elections on the Constitu.
ton. He cannot, as the Convention must
have known, recognize the authority of
the President and Secretary of the Con-
vention to usurp the control of those
duties imposed on him by sections 20 and
Il Of the Convention law. He alone.
without the aid of Mr.. Winchell or M.
MARTIN, must issue all proclamations, re-
csive the returns and canvass the votes
1t Messrs. Winchell and Martin 90 on in
violation Of ldio and attempt to usurp the
power and duties of the Governor, thew
not only become amenatle to the law, but
bring themselves into direct conflict with
the Territorial authorities, and introduce
confusion as to the returns. If portion
OF the returns are made to them AID
portion to the Governor, each will decide
on the returns before them respectively.
Should Messrs. Winchell and Martin issue
proclamation stating the adoption of the
Constitution-the returns of the election
having for several days before the car. :,
vass, been, for safe keeping in Winchell's
breaches pocket, a Ia Caihoun-they have
placed the Republican party in false posi-.
ton, and have given the Southern Democ-
racy vantage ground of opposition which
they will not be slow to avail themselves
OF. The irregularity and usurpation which
characterized the Lecompton Constitution,
will accompany the Wyandott instrument,
in such an event, and most inevitably
cause its rejection.
Notwithstanding their plea Of anxiety
to avoid anything which would afford a |
shadow Of a reason for the rejection Of
the Wyandott instrument by the U. S. |
Senate, which was urged against embody. |
ing the claim and other Territorial debts
in the ordinance, as condition precedent
for admission into the Union, they have
wilfully violated law, and usurped power,
and flung themselves into hsadlong con-
dict with the Territorial authorities. Had |
their action been perfectly legal, it was an
unjust and unmanly stab at the reputation
OF Gov. Medary. As it is, it is but an
Inauguration Of misrule and anarchy I
which bodies the rejection of their work,
if not by the people, at least BY Congress.
IL is specimen of partisan legislation
which outvies even Lscompton Border
Ruffianism. Starting ont with the pro-
position that civilized Indians and intel.