The Kansas herald of freedom., 1859-10-01
ProeIau,atiou.

| lative Assembly Of kaRsas Territory and ap-
royed February II. lsie, entitled An act pro,
iding for the formation Of a Constitution and
state government for the State of Kansas l.
iUGH ). WALSH, Acting Goyerner of the Ter
itory Of Kansas. do hereby issue this pr0ciama-
ion to the officers In the respective eouniles,
oWnships. wards and election districts Of the
rerritorS and the people thereof. The said act
equires That the Governor Of the Territory
hall issue his proclamation nOtless than twenty
lays next proceeding each respective election
provided for in thisact. Said proclamation shall
ontain an announcement of the several cleo
ions TIE qUdlifedfiens e( oiscfors- The sadREer ~
hereof a. hereiHafer preceded for, and shall pub
ish such proclamation in one newspaper in each
4 the several counties of this Territory in which
newspaper may then be published
TINE OF HOLDING THE ELECTION.
The said act requires that on thefrst Tuesday
# October, 1850 the Constitution thus framed,
shall be submitted to direct vote Of the quail
fed electors of the TERRIToEY Of Kansas for
heir ratification or rejection. In such msnne,
md form as the said Convention may prescribe.
THE MANNER AND FORM
Of ratifying or rejecting the Consultation /
framed BY the Convention, at Wyandott, on the |
18th day of July, 1859, as prescribed BY the Con
vention in section l0of the schedule TO the Con-
stitution, is as follows: Each eleetOr shall ex-
press his assent or dissent by voting written |
or printed ballot labeled For The Oonsfttat'on OF
Against the COnstitUti0n." and section . OF the
same schedule provides that each elector snal
be permitted to vote on the Homestead provision
contained in the article on 'Miscellaneous, by
depositing ballot inscribed For the Homestead,
or AgdiRst the Homestead"
- QUALIFICATION OF VOTERS.
Section IL of the act which requires the Gov
ernor to issue this proclamation, PROVIDES tnat
the qualification of voters shall be as follows
AL white male citizens of the United states
and all those who shall have declared on oath their
intention to become such, and az male Lnd:dhs
who have been made citizens OF me Shi'sa
over the age Of tWenty-one years and who snail
have been 6onGfde 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 boRdDde
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; Prceded,
That no officer, soldier, seamen OF marine, OF
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 ofhce under the Provisions Oh tnis az. oS
reason of being on service IN this IerritOry.
The above are the qualifications OF voters as
reouired BY the law Of the Territory providing
for the elections under this act, and are IN direct
conflict with the provisions as prescribed oy tne
Constitutional convention, wnlch iilnlVs .ae
right Of suffrage to such persons as are made
voters by the Constitution, and extends the time
for exercising the right of suffrage from te'. ddys
in the county to thirty days in the township or
ward in which q citizen may offer to vote, ana
also prescribes that the voters shall have oeen
duly registered to the provisions OF the
| registry law of this Territory.
These provisions for the quallhcatlons OF , Eo-
ters under the Constitution are not now the law
of the land and will not be until the Constltu-
| ton 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 Oi the onceTs unuer
1 the Territorial law.
The organic act of the Territory is the rule Of
| action until Constitution IS adopted ana =
| State government formed; and the organic ac'
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 ut all elections in connection with the
| formation of Constitution and State govern
ment for Kansas Territory BY the Conventl01
assembled at Wyandott. (See chapter 81 Of the
laws Of 1857
MANNER OF HOLDING THE ELECTIONS.
According to the law providing for Constitu
tion and State government, approved feDru
AIRY II, 1853.
Sec. 10. That all the elections provided fo
by this Act shall be by ballot:
Sec l3. That the persons who may be Judge
of election in the several voting precincts OF TIN
Territory, at the times of retrospective election
provided for in this act; shall be the judges o
the several respective elections shereinbeiore pro
| vided for.
Sec, II. That the said judges of election. be
fore entering upon the duties of their office. sha
take an oath faithfully to discharge their dutle
, as such said oath shall be administered to ther
by any person duly qualified by law to admins
ter oaths; and in case no person thus quallne
. shall be present at the time of opening OF sal
elections, then said judges are hereby authorize
| and required to administer such oath to eae
other. They shall appoint two clerks Of electlo
who shall also be sworn by said judges, faithful
ly to discharge their duties as such. In IN
| event of any vacancy or vacancies occurring
the board of Judges, the bysianders shall supp
such vacancy or vacancies from their own nun
Der. .
!, Sec. Is. That at the several elections provide
for in this Act. the polls shall be opened DetWee
J, the hours of nine and ten O'Clock, A. NJ, an
shall be kept open until and closed at sunset.
l. Sec. l6. That the tribunals transaotlng coun
(business Of the several countless snail cause
be Furnished to the several boards Of judges,
their respective counties, two poll books for eat
ELECTION hereinbefore provided for, upon whit
the clerks of election shall inscribe the mar
Of every person who may vote at the said eie
ton.
Sec. IL. That, after the closing of the polls
each of the aforesaid elections, the judges OF SUI
election shall proceed to count the votes cast, ~
designate the persons or objects for which tn
were cast, and shall make two correct Tally III
OF the same. -
Sec. Is. That each of the boards of juds
shall hold in safe keeping one poll book and "a
list and the ballots Cast at each respective el'
ton, and shall, within ten days after said eli
D. ton, inclusive, cause the other poll Do9k a
tally list to be transmitted by the hands O
sworn officer. to the clerk Of the tribul
ur transacting county business Of the counties
which said elections were holden, or to whl
% the county may be attached for municipal p
W. poses.
cASvAssING THE VOTE.
Sec. 10. That the tribunals transacting cou
business, shall assemble at the county Seats
their respective counties, on the second Iues'
| after each Of said elections! and shall canvass
, | votes cast at the elections held IN the SeTs
U = IL actin 10 n
l-couuties attached for municipal purposes. Il
shall hold in safe keeping the poll BOOKS
4 taljy lists of said elections. and shall, within
days thereafter. transmit by the hands of . sw
officer. TO the G0oe,nor of the TERRITORY, q (
tilted abstract Of the same, Showing the ndni
yu. of votes cast for each person or object voted
at each Of the several precincts in their resi-
Wn' i've counties, and, at each OF the several ]
cinets in the counties attached ior munic
purposes, separately.
Under the conflicting provisions Of the
"fOr the formation of q Constitution and ,
Government for the State Of Kansas" with
lproyisions and regulations of the Constituti
Convention, as provided in the schedule to
| Constitution, now to be submitted to the yo
the people for ratification or rejection, resp
= I, ing the qualification Of voters, and the ma
of making the returns, as well as the duti
the Governor OF the Territory under the la
becomes necessary for me to call attention t
ed section of the Act, in order that there
be no mlsapprehension of the rights Of the
zen and the duties Of the officers at this
7 ton. and to enable the ipeople who are citi
of theTerritory to give full and fair exprei
Of their opinion for or against the proposi
submitted.
The 2sd sestion Of the Act providing fol
formation Of Constitution and State gov
ment for the State Of Kansas" approved Fe
ary IL. 1859, is as follows:
Sec. .. That, if any officer or person shall
late any of the provisions Of this Act he shs
deemed guilty Of q misdemeanor, and subj'
fine of notless than twenty nor more thai
hundred dollars, or shall be imprisoned Ii
county jail for period not exceeding ten
or both, at the discretion Of the court; q
shall be the duty Of the prosecuting attorl
leap the several counties to prosecute, in the
and behalf of the Territ0ry, all violations Q
provisions of this Act, before any court b
N.wi competent jurisdiction.
The law providing for the formation Of =
stitution and State Government, is specii
New for the purposes described therein, and in
stated the qualifications Of voters and the
of residence, and has no reference to the
eral Election Law passed and approved Fe
irons ~ 4, ls5o, and which prescribes three m!
nense residence only, and ten days residence
have ward or township. and registry Of vote
mt Us Registry made for three months voters, Is
festly no check upon illegal voting unde
law,Which requiressix months residence.
not dpplicdbleto this election, and if partie
vote BY reason of being registered. great