The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-04-23

Ssven districts were decided right o
wrong. In either event there was q Ie
gal quorum of each branch of the Legis
lature duly and fairly elected "a sufficien
number, under the organic law of the Ter
ritory, to constitute the two houses law
full Legislative assembly, competent to pas
laws binding on the inhabitants of tn,
territory, and to impart vitality and valid
Eity to their legislative acts. 1t is trn,
that in the seven contested districts th,
Governor after receiving the protests aat
hearing the allegations of the parties, and
inspecting the returns, set aside the re
turns, and ordered new elections in those
districts, to be held ON the 9th of MAY
ct that year. At this second election
three OF the same persons who had beer
returned as duly elected on the 30th OF
March, and whose elections had been sci
aside by the Governor, were reelected
and in the other districts different per-
sons were elected than those who received
the highest number of votes at the general
election on the 30th of March. Thus it
appears that each one of the twenty-siy
representatives and thirteen councilmen,
who assembled at Pawnee City on the
I'd OF July, in obedience to the Governor s
! proclamation, went there with his conl-
mission certifying that ne had been duly
elected member Of the Kansas Legis-
lature. These facts are all distinctfvely
set forth in the majority report, and no
one of them directly contradicted in the
report of the minority.
Now, let US see how the minority re-
port disposes of these incontrovertible
facts. 1t says:
pursuance to law, divided the Territory
into districts, and procured a census there
of issued his proclamation for the election
of Legislative Assembly therein, to take
place on the 30th day of March, 1865,
and directed how the same should be con-
Quoted, and the returns made to him,
agreeably to the law establishing said
Territory. On the day of election large
bodies of armed men from the State of
Missouri appeared at the polls in most of
the districts, and by most violent and
tumultuous carriage and demeanol, over
awed the defenseless inhabitants, aud by
their own votes elected large minority
of the members of both Houses of said
Assembly"
Not word about the eleven districts
where there were no contests and no CON-
plants filed, and the election set aside by
the Governor! Not a word in regard to
the specific number of districts to which
the alleged invasion reached, and the num-
Der of councilmen and representatives
whose elections were supposed to be affect
ell by it! The minority report is not bur-
dened with such details as would convey
to the mind of the reader distinct idea
of the real state OF facts, from which the
Inference is attempted to be drawn that
Kansas had been conquered" In lieu
of these facts, we have the vague, un-
founded statement that in "most of the
districts" frauds were perpetrated, which
controlled the election of "a large major
ity of the members of both Houses of
said Assembly"
"Most of the districts!n "a large
majority of the members p Do seven out
of eighteen constitute most of the dis
tricts? Do three councimen out of thir-
teen, or nine out of twenty-six represen-
tatives, constitute a large majority? These
vague, unsupported declarations are inter-
posed to break the force of distinct state
ment of facts, tae truth of which is sus-
tanned by the official records, and the cor
rectaess of which no man can, with truth,
question or deny.
The minority report continues thus:
On the returns of said election being
made to the Governor, protests and objec-
tions were made to him in relation 10 a
part OF said districts; and as to them, he
set aside such, and such only, as by the
returns appeared to be bad"
What is the inference? That the Gov
er.or did not go behind the certificate,
and only set the election aside because the
is not the fact. The Governor did go
behind the certificates inquire into
the regularity of the proceedings, and the
| legality of the votes, as well as the form
of the certificates. But it so happened
that, there having been more or less ille-
gal votes cast in these seven districts, the
Judges refused to certify in the form pre-
scribed in the Governors proclamation,
and verify the same by their oaths.
In each of the other eleven districts,
where the proceedings had been fair and
regular, the judges did make their returns
in due form, and, no protests being filed
|no allegations Of fraud or illegal voting
being made, the Governor granted certf
i Gates, as a matter of course,s to the per
sons who had received the highest num-
ber of legal votes. This was the reason
why, in every case where there had beer
4 illegal voting or unfairnessi in the elections
there were omissions or defects on th,
. face Of the returns, showing that th,
Judges appointed by Governor Reedc
would not certify and verify the certiii
Gates by their oaths, that they were al
legal voters when such was not the fact