The Kansas herald of freedom., 1855-07-21
LetssE tom AEr Eetehizon.
LAwkEseE. JplY y. 1876.


Letter from AZr Eatohizon.
LawkEgcE. July q. 1855.
Dir. EpzEoE.-I believe the public
should be informed of the proceedings by
which ten of the legally elected members
have been ousted from the Legisiasure Of
the Territory, and their places filed by
men admitted without even the shadow
of right, or fiction of law; and believing it
to be my duty to give publicity to those
facts coming within my observations. and
the duty of every one whose rights have
been openly infringed BY such high
handed vilIainy, cloaked under the pre-
tense of law and formality, | DO not besi-
tate to ask publication of this letter thro,
your paper.
Before speaking of the proceedings at
Pawnee at the eonvening of the Legisla-
ture, l will state my reasons for taking
the course did. Prior to the converting
of the Legislature, i was requested by
some of my constituents TO repudiate and
resign. | did not. feel that to be my duty
| thought Tiny duty afer l had, as be-
liered, been legally elected, to accept an
Office of trust, responsibility, and labor,
and received the official certificate of my
election; to go forward III hepeFformance
of those duties deyolying upon me as an
elected member. II was urged by some,
that taking my seat would be recogni-
ton by me of the legality of the election
of those not legally elected. / did not
think SO, but considered taking my seat,
as directed by thatproelamation, recog-
milton of no members right to a seat but
my own; that | had a right to recognize,
lwas in duty bound to recognize it; did
recognize it by taking my seat. did
not consider that oy doing this l endors-
ed the Legislature rs whole; that l rec
ognizel the legality of every members
right to a seat. This act had no effect in
sanctioning any members right to seat
but my own. 1t was with this belief and
for sense Of duty that was induced to
sit as a member in the House. do not
believe could have done otherwise with
out shrinking from my duty.
We who were elected at the second
election took seats, presented our creden-
tals, and were sworn into Office. On7the
first day of the session, all persons In
tending to contest seats we're invited, by
resolution, to submit their protest imme-
diately. Being notified that our seals
would be contested, we met theccmmittec
on credentials that evening, and we were
called on to maintain oar claims toa seat.
The committee, when appointed, receiv-
ed no instruction to take evidence, bat
only to receive the credentials of members
aud protests of contestants. When be-
fore the committee we presented our ere
dentials, also the pollbooks of our cleo
ton, and returns thereof Our contest
ants offered the poll-books of prior elec-
lion which had been declared nullity by
the Executive of the Territory.
Upon the strength of this, and this
only, they rested their claims We de-
MED the right of this committee to go
behind the election whereon We received
our certificate. They claimed right to
do SO. We then claimed the right OF
privilege to summon witnesses to prove
that ne received majority of votes al
the first election-as affidavits which we
presented showed most of the votes cast
for our opponents 10 be illesal-to be
those of non residents. These aflidavits
were disregarded, although taken in due
form of law. And after this summary
moot investigation, the committee report
ed that our opponents received the high
est number of votes cast at the first elec-
Ition-hence they were elected. They
reported that the Governor had no pow
er to order new election, and therefore
| the second one at which We were elected
was illegal. That the Governors cer;i6-
CAFE was no proof of our election, but
that they had right to eject or receive
members ON the strength of returns
made even without form. and on the
strength of the poll books as handed In
without being sworn to.
After the report of the comnnttee had
been received we still claimed and asked
the privilege to produce evidence to prove
that we were elected at the first election
by a majority of the legal votes east
We eEiimed this as a right that could not
be denied us.in Justice or in law. We
were denied this right. We were denied
it because We were unable to ..cope with
such an adversary" The report was
adopted !; it received the vote of every
pre-slaYefy membef-and hence we were
compelled TO saca.e seat given US fairly
and legally-given Us by vote of the
sovereign people of the Territory. We
were compelled to yield it to the repre-
seHtation Of an invading people from a
foreign Siae We have done SO and
left them .saione in their glory
These are the facts in reference 10 Che
organization of the Psuedo-L Legislature
of this Territory. Do the people recos-
nize that as legitimate body to legis-
late for this Territory Are the peo-
pie-the sovereign people-liying under.
the kansss-Nebraska bill-Feady 10 ac-
knowledge men voted for By laWiess
band of armed invaders, as their own
chosen representatives. Are The people
willing, after these by them elected have
been thrust from this House, and Pfc
vented from dischaEging their duty, to
submit 20 the usurped power of a self
constituted LegislatuFe--or 3 Legislature
forced upon Us By mob power?
| wish not to dictate any mans course