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?Y DAVIS & CREWS. ABBEVILLE, S. C? THURSDAY MORNING, OCTOBER 8, 1857. VOL. XIV NO~ 24^
OOV. WALKER'S PROCLAMATION.
The Proclamation of Gov. Walker, referred
to in the Times of yesterday, we now
give entire:
TO TIJE PEOPLE OF KANSAS.
Lecompton, K. T., Wednesday, Sept. 1G,
'57.?The first Monday in October, 1857,
is the day assigned by law for the election,
by the people of this Territory, for a delegate
to the Congress of the United States>
bqth branches of the Territorial Legislature,
and various county offices. As the Governor
of Kansas, numerous and urgent calls
have been made upon tneby various public
^ meetings and Committees, by some of the
judges of elections, and also by many citizens,
to communicate my views in relation
to the qualifications of voters at that election,
as also iu legard to the legislative apportionment,
and the establishment of votr.
*ng precinct*.
Ab to the apportionment, the Territorial
Election law of the '20th of February, 1857.
requires it to be taken under the Territorial
Convention Act of the 19th February, 1S57.
The returns were made under tho ccnstis,
and the apportionment for that Convention
fixed by tho acting Governor, long before
* _ *- my arrival in this Territory ; and, of sourse,
over that matter I have no control whatever.
"Whilst it was a cause of deep regret
to him, as well as to myself, that the census
and registry were so incomplete in many
counties, and that in fifteen counties organized
as election districts under that law,
and entitled to vote for delegates to the
Convention, there was neither census nor
registry, nnd, therefore, that they could not
participate in any manner in the choice of
delegates on that most important occasion,
yet no power to remedy the evil was vested
*t>y law, either in him or me. The only remedy
rests with the Convention itself, by
submitting, if the}* deem best, the constitution
for ratification or rejection to the vote
of the people, under such just and reasonable
qualifications as they may prescribe.?
That they would pursue this course I have
never doubted, and although I have no right
whatever to interfere in that question, yet,
when my individual opinion was asked on
this su' ject by members of the Convention
nnd others, I have always indicated a previous
residence of three or six months prior
to the vote upon tho adoption of tho Constitution,
as most just and reasonable, a period
of three months being prescribed by
?"< ?: 1 .v- - ?
iuc vuiivuiLiuii jhw lihun, as iitu [Miur rcfiidenco
required in voting for delegates tc
tlio Convention, and six months being designated
by the Territorial laws as the previous
residence required in voting for mom
bers of the Territorial legislature. Either
of these qualifications, in my opinion, would
have embraced tlie great body of the bona
fide settlers who might be hero this Fall
inasmuch os the Convention would probably
not terminate their labors and submil
th? constitutution until some time in November,
and inasmuch as three or six
months would probably be granted by them
as an interval between the date of submis
ion and llie vote upon the constitution. 1
repeat however, the opinion always heretofore
expressed by me, that this is a tnattei
which belongs exclusively to the Conven
tion, over which I have no power, except
in the language of the Kansns-Nebrask/
.act, to "take care that the laws be faithfull}
executed," including that organic act itself
and left at liberty as a citizen to take sucli
* course as, in my judgment, would be tnosl
consonant with the principles of justice, oi
the Kansas-Nebraska bill, and of the Con
atitution of the United States in any con
tingency.
The apportionment of members of botl
branches of the Legislature, is based, as .
have stated, on the census taken under lh<
Convention act of the 19lh of February
1857. My power to make the apportion
ment, expired on the 31st of May lust, lea
ing me but three days, exclusive of Sun
day, to perform tliat act, after my arrival o
thi? Territory. The territorial laws of 185'
bad never been printed. Tliey were tlici
in the course of publication at St. Louis, Mo
And no copy reched here until the middl*
?0f June, long after my power on the subjec
jbad expired. The existence of this appor
iiopjpent Jaw was tvholly unknown to Liu
fieonUiy of State, to the Probate Judge o
?his County, or to any other person withii
my knowledge, and the printed copies, as 1
Jiave stated, did not reach here until tb<
jmiddle of June. Of course it was iiupossi
fele for roe to perform the duty prescribet
in that act, and to guard against the con
tingency of laws not reaching here befor<
the first of June, the duty from aud afte
that date, was devolved by law upon tb<
JSraaker of the House and President of tin
Council. That duty was performed by tin
officers designated by the law, and I havi
no doubt, 'in good faith, although I wa
paver oonsulted by them on the subject.?
Tbe law prohibited them from apportioninf
jpttpbero to counties not embraced in tin
census und-.r tbq conventional law, and
know it a matter of complaint hi
, both parses, fft^t the distriote a/e arrangei
M?to defeat their respective candidates
That the district# wfire arranged by jhefi
gentlemen, as charged by their opponents
, with a view to bring voters from the Stab
of Missouri into the adjacent counties o
Kiwm to contrpl the election, I have lh<
moat aoleino assurance from the most an
^ep S9qrc?f of intelligence ip that State, ii
wholly unfounded in fact. That the census
or registry was not made in fifteen counties
of Kansas is owing to the neglect of the local
officers of those counties to perform
their duties, many of whom have excused
themselves, on the allegation that no means
were provided and no public money applicable
to the expenses of taking the census
and making tho registry, and that they
were unablo or unwilling to make the necessary
advances themselves. However
this may be. 1 have ever regarded it as a
deplorable circumstance, that these counties
could not participate in the election of dele- !
i gates to the Convention, but I feel confident '
j that no such result was anticipated by tho '
Tcrritori.il Legislature.
Although none of those fifteen counties
could vote for Delegates to the Convention
?tlie remedy for which lies with tho Convention
itself?and although no members
have been or could be apportioned them
| for the Territorial Legislature, yet the Speakj
er of the House and President of theCoun;
cil, in conformity with the duty prescribed
by law, have attached them to other legislative
districts, so that they can vote for
members of the territorial Legislature. It
is certainly a great calamity that these
counties aro thus deprived of their due
weight in the appointment of members for
the Territorial Legislature, yet they can vote
for the members in tho Districts to which
tliey are attached, and the only result is to
irive too inanv members of that bodv to
! sonic counties in the apportionment, accor!
ding to population, and not an absolute deJ
nial of the right of suffrage. This result
I was not intended by the territorial Legislature,
and could not be prevented by the
officers by whom the apportionment wns
made. There was no intention on tho
part of the territorial authorities to disfranchise
those counties. But this has arisen
by accidental causes, over which I have no
authority to exercise any control whatever,
and I could give no legal efficiency to any
vote that was not legal in itself.
TI 1C tliof (llA /VAnrl /titifAno rvf llmrn '
counties will vole to the extent permitted
tliem by law, looking to an early period for
tlie remedies for all these grievanceR, and
(hat we shall have no revolutionary outbreak
or violence at tlie election, which
would be fraught with incalculable evil and
attended with 110 possible good.
It will be observed that the apportionment
has no effect whatever upon tlie vote
for delegate for Congress, or for county ofj
ticers ; in regard to both of which tlie coun;
ties excluded from the apportionment for
tlie Territorial Legislature have the same
lights and influence, in proportion to their
I votes, as the people of any counties of Kant
sas.
Ill relation fr? rnv>p5nof?i T nm
I I * ?7.
to establish, the net of the Territorial Legislature
of 1855 regulates that subject in tho
. fourth and fifth sections. The power is
there given to the county officers to estab1
lisli the precincts and select the judges of
. election, but there is a liberal provision in
[ the law to meet any contingency. The
. fourth and fifjh sections of the act arc in
r the following words :
Sf.c. 4. Every county that now is, or that
( may hereafter be established, shall compose
t an election district, and all elections shall bo
r held, at the Court House of such county,
( where one has been erected. If there be no
, Court House, then it shall be the duly of the
I County Commissioners to name a house in
( ouvii wmuij nuuc uic uicuuoii snail uu ntiiiij
. and if such Commissioners fail to name
. such house twenty days before tLe election,
it shall be the duty of the sheriff to name
1 such house. In either of the last eases, the
[ sheriff Bhall give notice of the place of holding
the election by written advertisements
^ set up in at least six public places in such
county, or by advertisements in some newspaper
published in such county, at least ten
days beforo the day of the election : Provi^
did that the County Commissioners may,
^ from time to time establish such additional
^ election precincts as may seem. to them necessary
or proper ; provided, further, hoioever,
that in no case shall more than one
t precinct be established in any one municipal
township.
3 Sec. 5. Tiio County Commissioners shall
f appoint tho judges of tlie election in each
1 county or voting precinct, at least ten days
[ before the election at which they are to
3 act; and if, at the hour for the opening of
the polls, such judges are not present, then
] the voters assembled shall have power to
. elect others to fill the vacancy or vacancics
2 thus occasioned. Said judges shall, before
r they enter on the discharge of their duties,
3 take the following oath or affirmation, to
9 be administered by one of their own body,
9 the sheriff, or by any officer authorized to
a administer oaths : I do swear (or affirm,)
b that I will impartially discharge the duties
- of judge of tho present election according
? to law and the best of my ab:lity.
s As to the judges of election, then there
I can (>e no auncuity under tins law, tlie powj
er being vested in tlie people at ilia several
1 prccincts, in case the country officers fail
i. to jterform their duty ; and if there be no
e precincts, then the election can only be
^ held at the seat of justice provided by law
3 for each county. It has been suggested
f that this power is given to me under the
j convention law of the 10th of June, 1857,
. to establish precincts. It is true that very
i large and comprehepsire powers are ^ivcn
to tlie Governor of tlie Territory by that
law, to which I sliall have occasion heroaf
ter to refer, and which seemed to havo escaped
public attention ; but those powers
are especially confined to my action under
that law, and confer no authority in this
respect in regard to the October election.
With me, this is a matter of most sincere
regret, inasmuch as it is now, and always
lias been, my most anxious desire to see a
full and fair election held in October next,
and to contribute to tho extent of all the
authority developed upon me by law. By
the act of Congress, however, of the 30th
of March, 1854, organizing this territory,
ntlil ivllii>li ic c?;il 111 fi irno ill i*nci\A/>f
011 this subject, it is declared in the 33d
section that " the person having the greatest
numl er of votes shall bo declared by
the Governor to be duly elected, and a certificate
thereof shall be given accordingly."
As regrads the Territorial Legislature, the
certificate is to be given bjr the Secretary of
State, who is to count tho votes in the presenco
of the Governor, and in relation to the
local officers, this duty, in case of contest, is
devolved upon the Courts.
In view of my duties in connection with
this law, my attention has been called to
the qualification of voters under tho law.?
But even here the prior duty is devolved
upon the judges of election, and I might
not have felt called upon to give any opinion
upon the subject, but for circumstances
of a most grave and serious character, to
which I shall now refer. Tho Territory is
threatened with a violent seizure of the polls
at tho October election, leading necessarily
to a collision and civil war. This would
bo a most disastrous circumstance, requiring
imperatively tlio employment of the
troops under my control, to avert scenes
disgraceful alike to this Terrirory and to
our country, and which every good citizen
could not but deplore. If, then, under these
circumstances, the expression of 1113* opinions
could prevent, as in May and June
last, the occurrence of such a catastrophe, I
regard it as a solemn duty to make that expression,
rather than a resort to tho employ
inent oi lorce, to ba lollowed by scencs ot
anarchy and bloodshed.
The two questions presented for my
consideration are?
First?Cun those who were qualified under
the organic act lo vote at the first election
in this Territory vote also in October
next independent of any restrictions imposed
by any act of the Territorial Legislature.
The 22d and 23 sections of the organic
law relating to this subject are in the following
words:
" Sec 22. And bo it further enacted,
That the legislative power and authority of
said Territory shall bo vested iu tho Governor
and Legislative Assembly. The Legislative
Assembly shall consist of Council
and House of Representatives. The Council
shall consist of thirteen members, having
the qualification of voters, as hereinaf
icr proscribed, whose term of service shall
continue two years. The House of Representatives
shall, at its first session, consist of
twenty-six members, possessing the same
qualification as prescribed for members of
the Council, and whoso term of service
shall continue one year. The number of
Representatives may be increased by the
Legislative Assembly, from time to time,
in proportion to the increase of qualified
voters: Provided, that the whole number
shall never exceed thirty-nine. An Apportionment
shall be made, nearly as equal as
practicable, among the several counties or
districts for tho election of the Council and
representatives, giving each section of the
Territory representation in tho ratio of its
qualified voters, as nearly as may be. And
tho members of the Council and House of
Representatives shall reside in, and be inhabitants
of, the district, or county or counties,
for which they may be elected, respectively.
Previous to the election, tho Governor
shall cause a census, or numeration of
the inhabitants and qualified voters of the
several counties and districts in the. Territory
to be taken by such persons, and in
such mode, as the Governor shall designate
and appoint; and the person so appointed
shall receive a reasonable compensation
therefor. And tho first election shall be
L-1.1 -x 1. i* *
nciu in 8ucu umo nna place, and be
conducted in eucb manner, both as to tho
persons who shall superintend such election
and tho returns thereof, as the Governor
shall appoint and direct; and he shall at
the same time declare the numbers of the
Council and House of Representatives to
which each of the countics or districts shall
be entitled under this act. The persons
having the highest number of legal votes
in each of said Council districts for members
of the Council, shall be declared by the
Governor to be duly elected to the Council
; and the persons having the highest
number of legal votes for the House of
Representatives, shall be declared by the
Governor to be duly elected member* nf
said house; Provided, that in case two or
more persons voted for shall have an equal
number of votes, and in case a vacancy
shall otherwise occur io either branch of the
Legislative Assembly, the Governor shall
order a new election; and the person thus
electcd to the Legislative Assembly, shall
meet at such place and on such day as the
Governor shall appoint; but tfaeigafter, the
time, aud tnanuer of holding and cooduc*
ting all elections by the people, and apportioning
tho representation in tho several
counties or district1), to the Council and
House of Representatives, according to tho
number of qualified voters, shall bo prescribed
by law, as well as tho day of tho
commencement of the regular sessions of
the Legislative Assembly; Provided, that
no session in any one year shall exceed tho
term of forty days, except the first session,
which may continue sixty days.
Sec. 23. And be it further enacted, That
every free white malo inhabitant above the
i age oi iwenly-onc years, who shall be an
actual resident of said territory, and shall
possess the qualifications hereinafter prescribed.
s1 all be entitled to vote at the first
election, and shall be eligible to any office
within the said territory ; and tho qualification
of voters, and of holding office at all
subsequent elections, shall be such as shall
be prescribed by the Legislative Assembly :
Provided, that the right of suffrage and of
holding office, shall be exercised only by
citizens of the United State*, and those
who have declared on oath their intention
to becomo such, and shall have taken an
oath to support the Constitution of tho
United States, and the provisions of this
act. And2>rovidcd further, that no officer,
soldier, seaman, or marine, or any other
person in the army or navy of the United
Stales, or attached to troops in the service
of the United fttnt.o.*- shall 1>? ullnwml tr>
vote or hold office in said territory, by reason
cf being on service therein.
It will be perceived that the act of Congress
is clear and explicit on this subject.?
It prescribes the qualification only of those
who shall b? entitled to vote at the first
election, and nliall be eligible to any office,
within the said Territory ; but the qualification
of voting and of holding office, at all
subsequent elections shall be prescribed by
ihc Leyisluiivc Assembly" The provisions
have no application whatever to the subject,
inasmuch as they only prohibit the
Legislature from permitting persons to vote
who are neither native or naturalized citizens,
and certain officers, soldiers, of the
army, ?tc.
Now, then, it is clear, first, that as regards
all elections but the first, tlie qualifications
are not proscribed bj' the act of Congress,
and second, the qualifications with
the restrictions before mentioned for all
subscqii' nt elections, are to bo designated
by the Territorial Legislature.
It is certain, then, that the question now
raised as regards the pretended right ol
persons to vote who possesses the requisite
qualification, under the act of Congress, for
voting at the first election but arc excluded
by subsequent Territorial legislation now in
force, has no foundatiou whatever in law,
and such votes would t o wholly illegal.?
Under these circumstances I trust that no
one will attempt to vote who is excluded by
tho Territorial law; and, if such illegal attempt
is made, such a clear violation of the
act of Congress and of tho laws of this Territory
will bo arrested and prevented by the
judges of tho election.
The second question is :
Will voters at the election in October,
who possess all the qualifications provided
by the Territorial act of ^ho 29th of Feb.
1857, which is the last act on this subjcct,
be also required to possess other and different
qualifications, contained in prcceeding
Territorial enactments, or is the last law the
sole rule of action on this subject! This
last art is the General Election Law, providing
for a new and entirely distinct apportionment
of members for both branches ol
the Territorial Legislature, as also the qualifications
of voters at that and all succeeding
elections, and is entitled, " An act to define
and establish the council and representative
districts for the second Legislative Assembly
and for other purposes."
The first section designates by name the
several counties of Kansas which are to
constitute the several Council Districts ; the
second section designates by name, the several
counties of Kansas which are to constitute
the respective representative district;
tho third section apportions members
among the several representative districts
according to the census provided for in tho
n i* - i ? -? -
\_-onvenuon ?aw; ino luurm section apportions
in the samo manner the members
among tho several Council Districts; the
fifth and last section is in these words:
Sec. 5 Every bona fide inhabitant of the
Territory of Kansas, being a citizen of the
United States, over the ago of 21 years,
who shall have resided six months in said
Territory before the next general election for
members of the Council and House ?f Representatives,
and no other person whatever
shall be entitled to vote at any general
election hereafter to be held in tliii Terri
torjr: Provided, whatever, that noting in
this act contained *nliall be considired to
apply to or affect in any manner tie provisions
of an act, entitled " An act x> provide
for taking the census, and eletion for
delegates to a Convention.
This act to take effect and be n force
from and after its passage."
The language of this section is 4ear and
explicit. It is an not prescribing t)a qual-1
ideations, and all the qualifications tf voters
at all futuro elections. The law 11 perfect
Md compete in itself, without aiy reference
whatever to proceeding enactments.?
The language is free from contr*vtoiy.?
"Every bona fidt inhabitant," "shall
' /
*
bo entitled to voto," ?fcc. Tlift words are
imperative. Il i? the language of cointnaud
from tlio proper authorities, and no one has
any right to interpolate restrictions contained
in preceoditig enactments. It is a
well settled principle of law, as well as of
common-sense, that any subsequent statute
proceeds to regulate an entiro subject in
genera! and coinprehensiee language, as it
is of full force and effect in and of itself,
and restriction or addition can bo made to
its provisions by reference to any preceeding
enactments. In such a case there can
neither bo adtlilion nor subtracrinjis. nnrl
the number of qualified voters can neither
be augmented, by adding to them those
who were permitted to vote by proceeding
laws, nor be lessened by substracling those
who were restricted from the right of suffrage
by previous enactments. The words
"every citizen," &c., and "no other" shall
vote, include nil who are described in the
act, and excluded all others. Besides, tlx
right of suffrage is the most sacred ktiowr
to the American people. It is the basis
upon which repose all their institutions.?
It is a right highly favored in our law, and
in all such cases, to deprive any one of thi:
right, the words must bo clear and unam
biguous.
But in this caso there is no ambiguity
and independent of the fact that this act, a:
regarls elections and qualifications of vote
is an act complete in itself, and prescribinj
all the provisions applicable to tliis subject
and interpretation by which a restriction a
regards the right of voting, contained in i
proceeding law, should be superadded ti
those required in this act, would create
direct and positive repugnance to its clea
and explicit language, and therefore, woul
be most clearly repealed by virtue of th
universal principle of jurisdiction, that, whei
vr?vr auuuicd luiiuuii jiihjvISIUII3 WIUCI1 ?lr
repugnant, repellant, or contradictory, ei
tlicr by way of addition or subtraction, th
last statute must prevail.
Now let us see if thero would not bo
direct repugnancy in this case, unless th
construction contended for thoso who as
sort that, although the payment of a terri
torial tax is not among the qualifications c
voters undci tlio act of 1857, yet that it i
a qualification under the act of 1855, an
therefore still in force. Let us place then
in opposite-columns :
Act of 1857 Fno- The Act of 185"i
vides : as now construed
"Every bona fide would read as fol
inhabitant of the Ter- lows : "Ever}* both
ritory of Kansas, be- fide inhabitant of th
, ing a citizen of the Territory of Kansas
United States, over being a citizcn of th
I the acre of 21 vears. United States, ovr
and who shall have ihe ago of 21 y?an
resided 6 months in and who shall hav
said Territory before resided 0 months ii
the next general elec- said Territory befor
tion for members of the next generj
Council and House of election for member
Representatives, and of the Council an
i no other pe rso ns House of Represents
. whatsoever, shall be tives, and no othe
entitled to vote at any person whatsoevei
1 general election here- shall be entitled t
after to bo held in vote at any genera
this Territory." election hereafter t
be held in this Terri
tory," but no such cii
izen ahull be ]>ermii
ted to vote unless h
i has at first paid i
territorial tax.
It is not clear that the two provibion
i t.i i.~ ,i:? i? .i 11!
HUUIU UU UIICUUJ | 19y tllC HUUI
1 tion to the act of 1857 of a proviso an<
' restriction and contained in that act, bu
in a previous law. The w rds of the nc
r of 1857 aro general: "Every citizen,
' <?c., shall be entitled to vote on a resi
dence of six month*. This language give
1 the right to rote, in clear and positivi
terms, to every citizen, ?fec., who has bcei
a resident for the term prescribed by law
" Every citizen" aro general and compre
hensive terms, and they cannot bo restrac
ted by other words not contained in ihii
law. Hy the lltli section of the act o
1855, no previous residence is required ai
a niiolin/tahnn fo ?a!a?? ?* ?* IKa
M V|UI?IIM^I?VIV4? iWI fViVI) UUfc iUC pnji IUUII
of a Territorial tax is made a pre-requisite
Now, it is clear, that if, when prescribing
a previous resvJence of six months, in us
ing the goneral and comprehensive Ian
guage. " Every citizen" <?c.t the Leglsla
ture of 1857, beside that residence for the
first time prescribed by law, had intended
in addition, to require the previous payment
of a territorial tax, they would have
said so; and not having mid so, such
word* can be interpolated neither by judicial
nor executive construction. In fact il
is not a case of construction at all, but ol
using words which the Legislature has not
used, and of making provisos and restrictions
for them, which they have not made,
and of excluding roters from the polls,
whom they have not excluded. Besides,
this is no new question. It has occurred
repeatedly in the several States and Territories
of this Union, and, as a principle of
universal adoption, under socb laws, it is
__tl ..lll/xl ? ?!?I- *
well otjwiw, TTBWtuub m OHigiO oxcepuon to
the rale, tlist where one State constitution
regulating the right of suffrage prescribes
certain qualification of voters, it is complete
in"aWI or useir, ? <J universally regarded
aa repugnant to so much of any jHoflVUo
constitution, which either adds to or subtracts
from such qualification. And the
aaine rule prevails in relation to State and
Territorial laws. This la t^e great Americas
rule of interpretation on this subject
a. . I
J
^' /
amounting from long established and universal
usage, to the force of law.
If there could have been any possible
doubt on this subject, it is removed by the
provisions of the territorial convention law,
passed on tl>9 day preceding that on which
was enactcd the election law, and rcfcred to
and made the basis of many of the provi
?r ii.~ !..?? 1
biuiIB liiu j.uici. a ii?iL iajuvvi.uuu jaw
prescribes a previous residence of tlireo
months and a registry, as qualification for
votes, but is just as silent as the territorial
election of law on the subject of tho payment
of a tax, and yet no one has ever
pretended that the payment of any tax coni
stitutes a necessary vnalilication for a voter
; for delegates to that Convention. No such
i payment for a tax was ever exacted, and
was rarely if ever made. And such a coni
struction is now contended for, that because
I there was 110 direct repeal of the tax qualii
fication, therefore it still existed, juld ren)
der illegal the election of nearly every
i member of tho Constitutional Convention,
i and impair tlio validity of all their acts.?
- The election law of 1857, imposing the
, qualification law, was general. It applied
i to .ill subsequent elections, to every inliabi
. tant of this Territory, and of the County or
District in which he ottera to vote, " and to
, all elective officers." It was as general and
5 comprehensive in its application to every
r election which couhl take place under any
j territorial law as the Legislature could
,, make it and would apply the restriction of
s the payment of a territorial tax iu voting
a for Delegates to the Convention, just as
o much as in voting for members of tho tera
rilorial Legislature in October; upon this
r alleged principle, that restrictions of qualiJ
fication in proceeding laws, and not repeal0
ed by general provisions in a subsequent
ti statute prescribing for subsequent elections
e the qualification of voters. Tho Convention
1 law required a three months previous rcsie
dcnceand registry as a qualification of voters,
but was silent, like the election law of
a 1857, as regards tho prepayment of any
e tax; and if such a prepayment by force of
preceeding enactments applies as a qnalii
ticalion for a roter for tlie Territorial Lug,f
islature in October, then it would just as
& clearly follow that inasmuch as the ConL|
vention Act was equall)' silent as to the
n payment of a tax, the voters for delegates to
that Convention, besides tlireo months'
, residence and registry, must have paid a tax
I also. Hut the truth is, while the tax rcI
mains, the qualification applies no moro to
a the election in October than it does to the
e election of delegate to the Convention, beg
cause it was dropped in both acts, and heir
cause we have no right to insert a most
>, important provision that is thus omitted by
e the Legislature, and because it is a settl d
II rule in interpreting statutes that, if the Legtl
islature had intended, in either case, iu pres
scribing the qualifications, and all the qualU
u fications of voters to superadd one that was
L* inserted in a proceeding law, they would
havo repeated the restriction in a substo
quent statute. How easy was it for the
il Legislature, in prescribing the qualifications
? of voters under the Convention or election
I' law, if they intended, in addition to the
qualifications named to these laws to require
c the prepayment of a tax, to have said so,
7 and uot left it to others to interplate words
which they had excluded. They havo not
s said so, and that is enough*
On this subject I have nevor entertained
J any doubt, and never supposed there could
t be any question, and I might have declined
t the expression of nn\' opinion on either of
" these points, but for the certain knowledge
il . ? 1
. ui me irtci, communicated to ino from al
s most every quarter of tlie Territory, and
e from all parties, that these conflicting coni
structions of the law, if not settlud, will
certainly produce collision at the polls, and
. most probably, a disastrous civil war and
. revolution. I claim no authority to iustruct
s the judges of election, by virtue of my o(Rf
cial power, now they shall decide, but with
s the same sincerity, nnd the hope that it may
L tend somewhat to prevent disasters with
. which we are threatened, growing out of
r these confliction opinions, and that it may
- render unnecessary a resort to the military
force, subject to my orders, to preserve the
peace 01 tne Territory. Tliat military force
? which is now already here, or daily arriving
I is amply sufficient to preserve the peace of
Kansas ; but it is my sincere Itope, that the
) mere presence of this force, competent as it
i is to suppress insurrection of rebellion, and
maintain the authority of the law, will ren,
der my collision unnecessary.
" On the 19tb of August last I communi.
cated to tho President, through the Secretary
of State, my views on this subject, together
with copies of the several territorial
laws, and asked the aid of the President
and his Cabinet to sustain me, by the moral
force of their opinion, in preventing a collision
and jdvil war in this Territory, by
' stating, if such should be the fact, their
concurrence with me iii these views. In
reply to this communication in a dispatch
from the Secretary of State to me, under
date of the 2d of September, 1857, after
remarking most justly, as I always intended,
that I could issue no authoritative mandate
v iudges of election on this subject, or
control their aetnot ?
r -??J onjtb*
" Tbe Territory of Kansas is Id a peculiar
oXdilion. By your statement, and pots**
sing a* you do, tbe best ibmm or in form a- <
lion, your view*, in tlin opinion of the i
President, are entitled to great weight. It
is in a slate of incipient rebellion with an
organized military force, prepared to resist
the authority of the L't ited Status.
It may, therefore, become necessary to
use the troops placed at your disposal, not
only to aid as a jiossc comilatus in executing
the laws, but also to suppress an insurrection.
Surely under these circumstances.
if tlio expression of an opinion in advance
of his action, and it may be instead of it,
which the President honestly entertains,
will have a direct effort in preventing a civil
war in Kansas, he cannot be justly censured
for attempting, by such an expression of
opinion, to avert the the calamitous result.
The danger you anticipate, arises, as you
observe from the apprehension of a portion
of the citizens of Kansas, that will bo excluded
from the privileges of voting becauso
they have not paid a territorial lax. Now,
the President, as well as evciy member of
his cabinet, concurs in opinion with you
that the payment of such tax is not required
as a qualification to vote. lie and they
entertain not a doubt that the f>th section
of the act of Fcbuary 20, IBS?, is complelo
I m itselt and prescribes all the qualifications
required of a voter, and among tlieso tlio
payment of a territorial lax is not included.
They are also firmly convinced that no person
whatever not possessing these qualifications
prescribed for voters !>y tho organio
act of Congress of May 30, 1854, has any
just claim to the elective franchise."
It will be observed, then, that in view of
tho deplorable condition of Kansas for tho
last three years, and the civil war that has
so long raged in this Territory, and tho
imminent danger of a renewal of that conflict,
gitnving out of conflicting views as to
the qualification of voters at the ensuing
election, tlie President and all his Cabinet
have thought tho occasion sufficiently solemn
and important, to express their full,
unanimous and entire concurrencc in tho
views as to the qualifications of electore at
the October election, on those points set
forth by me in this address, and previously
communicated by mo to the Secretary of
State.
It is obvious that the Territorial Government
of Kansas must be maintained either
by a superior physical force, or, au in all
other States and Territories, by tho majority
of qualified voters at tho eloetion.
It never contemplated the use of the
military force, not in aid of tlio execution
of the laws to protect the citizens in tho
exercise of their legal rights as a posse comtalus
to arrest offenders where the civil authority
might prove iucompetent without
such aid, and where the law authorized
military power to suppress insurrection or
rebellion. Physical force an 1 the bayonet
constitute the real power iu nearly all monarchies
nnd despotic Governments, but hero
it is the will of the majority of tho people
qualified to vote upon the constitution and
under tho laws which is to govern ; and
the sooner all such Questions are decided
a full and fair vote of the qualified electors
at the polls, the better; and then, aud not
till then, shall we have peace and rcposo iu j
Kansas. Unless force is to be substituted
for the elective franchise, unless despotic
and monarchical principles are making hero
invisible progress, sooner or later, the question
must thus be decided, and tho sooner /
the bettor, not only for the interosts of this ,
Territory, but for the security of the Union
and the cnuse of self-government hero and
throughout the world.
Tho eyos of our country and the world
are now diroctcd with intense interest to
the coining election in Kansas in October
next. Whether tho people of this Territory
are, indeed, capable of self government,
whether the sceues which have disgraced
Kansas and our country for the hist three
years are to bo renewed indefinitely, whether /
violence, injustice or insurrection on one /
or both side* are, for the moment, and for /
the moment only, to decide tho ques- !
tion, or whether our political differences aro
to be settled here, ns in all other States and \
Territories, (under the prov?ions of our organic
law,) by the full, free and fair exercise
of the elective franchise, aro the momentous
questions to which you must all
now soon answor. The test oath is expressly
repealed as a qualification-for voters by
an act of tho Territorial Legislature of tho
17th February, 1757.
Tho people of Kansas have now,
fore, an opportunity, in conformity with
n ??*' '
wuiismuuon oi tlie United States, the organic
act of Congress, and the laws of this
Territory, to decide, l?y the elective franchise
the clioico of their delegate to Congress,,
their Territorial Legislature, and all their
county officers. k
The troops at nay disposal, which are fully
competent to tlie task, will,, at the request
of citizens of both parties, be stationed at
the points where violence has been threatened,
or anticipated, not for tho purpose
of overawing the people, or ot interfering
n* any way with the elections, o? influencing
them in nny respect wha*J*er, but, by
their presence, guarding ?'?? poles against
any attempt at inspection or violence,
from the mere fw?owledgo of the fact thai
it can and be suppressed, but, if necessary,
al??to protect and secure, by lawful
mo a** all the just lights of the citizen iu
e^6rc:sirig the elective franchise under the
deoisbn of the proper authority, and ta
act as posse comi/atus for the arrest (if