Page:The History of Slavery and the Slave Trade.djvu/689

 It is but reasonable to assume that the interpretation which these functionaries have given to the acts of the Kansas legislature in this address will he observed in their official exposition and execution of the same. In reference to the wide-spread perversions and misrepresentations of those laws, this address says:

"The laws passed by the legislature have been most grossly misrepresented, with the view of prejudicing the public against that body, and as an excuse for the revolutionary movements in this territory. The limits of this address will not permit a collection of all these misrepresentations; but we will notice some of them, that have had the most wide-spread circulation.

"It has been charged and widely circulated that the legislature, in order to perpetuate their rule, had passed a law prescribing the qualifications of voters, by which it is declared 'that any one may vote who will swear allegiance to the fugitive slave law, the Kansas and Nebraska bill, and pay one dollar.' Such is declared to be the evidence of citizenship, such the qualification of voters. In reply to this, we say that no such law was ever passed by the legislature. The law prescribing the qualification of voters expressly provides that, to entitle a person to vote, he must be twenty-one years of age, an actual inhabitant of this territory, and of the county or district in which he offers to vote, and shall have paid a territorial tax. There is no law requiring him to pay a dollar-tax as a qualification to vote. He must pay a tax it is true, [and this is by no means an unusual requirement in the states;] but whether this tax is levied on his personal or real property, his money at interest, or is a poll-tax, makes no difference; the payment of any territorial tax entitles the person to vote, provided he has the other qualifications provided by law. The act seems to be carefully drawn with the view of excluding all illegal and foreign votes. The voter must be an inhabitant of the territory, and of the county or district in which he offers to vote, and he must have paid a territorial tax. The judges and clerks are required to be sworn, and to keep duplicate poll-boxes; and ample provision is made for contesting elections, and purging the polls of the illegal votes. It is difficult to see how a more guarded law could be framed, for the purpose of protecting the purity of elections and the sanctity of the ballot-box. The law does not require the voter to swear to support the fugitive slave law, or the Kansas and Nebraska bill, unless he is challenged; in that case, he is required to take an oath to support each of these laws. As to the dollar law, [so called,] it is merely a poll-tax, and has no more connection with the right of suffrage than any other tax levied by the territorial authority, and is to be paid whether the party votes or not. It is a mere temporary measure, having no force beyond this year, and was resorted to as such to supply the territorial treasury with the necessary means to carry on the government.

"It has also been charged against the legislature that they elected all of the officers of the territory for six years. This is without any foundation. They elected no officer for six years; and the only civil officers they retain the election of, that occurs to us at present, are the auditor and treasurer of state, and the district attorneys, who hold their offices for four, and not six years. By the organic act, the commissions issued by the governor to the civil officers of the territory all expired on the adjournment of the legislature. To prevent a failure in the local administration, and from necessity, the legislature made a number of temporary appointments, such as probate judge, and two county commissioners, and a sheriff of each county. The probate judge and county commissioners constitute the tribunal for the transaction of county business, and are invested with the power to appoint justices of the peace, constables, county surveyor, recorder, and clerk, etc. Probate judges, county commissioners, sheriffs, etc., are all temporary appointments, and are made elective by the people at the first annual election in 1857. The legislature could not have avoided making some temporary appointments. No